Trapeziticus

​So then, I have told you everything that happened, as accurately as I was able. And I believe, gentlemen of the jury, that Pasion will make his defense based on the tampered document, and will rely on this most of all. Therefore, pay attention to me; for I think that from these very facts I shall make his wickedness clear to you.

​First, consider from this. For when we gave the agreement to the host—according to which he says he has been released from the charges, while I say I was to recover the gold from him—we instructed the host to burn the document if we reconciled with each other, but if not, to hand it over to Satyrus; and it is agreed by both of us that these things were said.

​And yet, what was our idea, gentlemen of the jury, in instructing him to hand the document over to Satyrus if we did not reconcile, if indeed Pasion was already released from the charges and our business had come to an end? But it is clear that we made this agreement on the understanding that we still had unresolved matters, concerning which he had to settle with me in accordance with the document.

​Next, I for my part, gentlemen of the jury, can state the reasons why he agreed to return the gold; for when we were cleared of the slanders before Satyrus, and he was unable to make Kittus—who was aware of the deposit—disappear, thinking that if he should hand over the slave to be tortured, ​he would be exposed as acting wickedly, but if he should not do this, he would lose the lawsuit, and so he wished to make a settlement with me. But demand that he show what gain I stood to make, or what danger I feared, that I should have released him from the charges. And if he has nothing of this sort to show you, how would you not justly believe me rather than him concerning the document?

​Moreover, gentlemen of the jury, this too is easy for everyone to understand, namely, that for me, who was bringing the charge, if I was afraid of the tests, it was possible to let the matter drop without making any agreement; whereas for him, on account of both the torture and the trials before you, it was not possible to escape the dangers whenever he wished, unless he persuaded me, the accuser. So it was not I who needed to make the agreement for the release, but he who needed to make it for the return of the money. Furthermore, that too is extraordinary, ​if, before the document was drawn up, I had so little confidence in my case that I not only released Pasion from the charges but also made an agreement about them, but after I had drawn up such a proof against myself, at that very moment I desired to come before you. And yet, who would plan so about his own affairs?

​And this is the greatest proof of all that Pasion had not been released in the agreement, but had agreed to return the gold: for when Menexenus brought the suit against him, the document not yet having been tampered with, he sent Agyrrhius, who was a friend to both of us, and demanded that I either reconcile Menexenus or cancel the agreement made with him.

​And yet, gentlemen of the jury, do you think he would desire this agreement to be cancelled, from which he was going to expose us as liars? Certainly, after they were rewritten, he no longer made these statements, but in everything fled for refuge to them and demanded that the document be opened. To prove, therefore, that he at first sought to cancel the agreement, I shall present Agyrrhius himself as a witness. Please step up.