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1 The speaker is about to return to the argument that the special plea was inadmissible. He says, in effect, I have shown that Phormio is guilty. If he had been able to prove his case as clearly （i.e. in the suit as instituted） it would have been his best defence. He could not do so, and therefore had recourse to a special plea, arguing that my suit could not be brought into court. This, however, is inadmissible, and his course in entering it proves that he had no defence.
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