26
And yet, men of the jury, what possessed us to stipulate that the memorandum should be given to Satyrus in case of our failure to come to terms, if Pasion had already been freed of my claims and our business had been concluded? On the contrary, it is clear that we had made this agreement because there yet remained matters which Pasion had to settle with me in accordance with the memorandum.
27
In the next place, men of the jury, I can give you the reasons why he agreed to repay me the gold; for when we had been cleared of the false accusations lodged with Satyrus, and Pasion had been unable to spirit away Cittus, who had knowledge of my deposit, he understood that
28
if he should deliver his slave to torture, he would be convicted of an act of rascality, and, on the other hand, if he failed to do so, he would lose his caseThe refusal by an accused master to submit his slave for testimony under torture was used by an adversary as practically a confession of guilt; cf. Antiph. 5.38 and Antiph. 6.27.; he wished, therefore, to reach a settlement with me in person. Bid him show you what gain I had in view, or what danger I feared, that I dropped my charges against him. But if he can show you nothing of the kind, would you not with greater justice trust me rather than him in the matter of the memorandum?
29
Furthermore, men of the jury, this too is easy for all to see—that whereas I, the plaintiff, if I distrusted the sufficiency of my proofs, could drop the prosecution even without entering into any agreement, yet Pasion, on account both of the examination of his slave under torture and the suits lodged with you, could not possibly free himself from his risks when he wished except by gaining the consent of me, the complainant. In consequence, I was not obliged to make an agreement about the dismissal of my charges, but it was necessary for him to do so about the repayment of my money.
