The Special Plea

That I, on my part, have made my special plea with good right, and that Apaturius has lodged against me a claim that is.

Many defendants in mercantile suits have before now entered special pleas in accordance with this law, and have come before you and proved that their adversaries were making unjust charges and bringing baseless suits under pretence of being engaged in commerce.

Since, however, Apaturius has made a false charge against me, and is suing me contrary to law, seeing that there had been a release and discharge from all contracts made between him and me, and there exists no other contract made with him by me whether for business by sea or on land, I have entered the special plea that the action is not maintainable, according to the following laws.

I shall make a reasonable and fair request of you all, that you hear with goodwill what I have to say regarding my special plea, and that you give your attention to every aspect of the case.

These, men of the jury, are the facts regarding which you are to cast your votes, these are the grounds upon which I have entered the special plea that this baseless and malicious suit is not maintainable.

Although I had entered this exception in bar of action in addition to the other, and although the Thesmothetae have not competency in the matters concerning which Pantaenetus is bringing his suit, it has been erased, and is not found in the plea as written.

With reference to the special plea my argument is a brief one.

They do indeed allow the production of a special plea when there has been no contract at all at Athens or for the Athenian market;