48
And that you yourselves could not in fairness be willing to listen to them in regard to these matters you will see at once, if you reflect that it is no difficult matter to speak now about subjects concerning which no charge is made, just as it was no difficult matter for Phormio to get himself acquitted by reading false depositions. However, no man would say that either of these courses is right, but that course rather which I am about to propose.
49
Listen, and judge. I demand that they do not now seek for the proofs regarding my charges, proofs which should have been mentioned at the former trial, but of which they deprived me; but that they prove that the testimony by which they deprived me of them was true. If, when I bring in my suit, they are to demand that I refute their testimony, and, when I proceed against that, they are to bid me speak regarding my original charges, what they propose will be neither right nor in your interest.
50
For you have sworn to give a verdict, not in regard to matters upon which the defendant asks your decision, but in regard to those only which are raised by the prosecution. The cause of action must be made clear by the complaint of the prosecutor, and this in my case is a suit against this man for false testimony. Let him not, then, leave this and talk about matters regarding which I am not suing him; and do you, if he is so shameless, refuse to permit it.
