Unknown Pleader Against Apaturius (11-15)

In this way, when I found that Apaturius was a rascal, I set matters right in my own interest and in the interest of the foreigner. But Apaturius, as though the wrong was on my side, and not on his, made complaint to me, and asked if it were not enough for me to be released from my guaranty to the bank, without also attaching the ship and the slaves to secure his money for Parmeno, and thus making an enemy of himself in the interest of one who was an exile.

I replied that, when a man had put his trust in me, I was all the less inclined to leave him in the lurch, because, while he was an exile and in misfortune, he was being wronged by the plaintiff; and after I had done everything possible, and had incurred the utmost enmity on the part of this fellow, I with difficulty secured the money, the ship being sold for forty minae, the precise amount for which she was mortgaged. The thirty minae then having been paid back to the bank, and the ten minae to Parmeno, in the presence of many witnesses, we cancelled the bond in accordance with which the money had been lent, and mutually released and discharged one another from our engagements so that the plaintiff had nothing more to do with me, nor I with him. In proof that my words are true, hear the depositions.

The Depositions

Since then I have had no business transaction with the fellow, whether great or small, but Parmeno sued him for damages for the blows which he received from him when he laid hands on the slaves as they were being carried off, and because he had been prevented by him from making the voyage to Sicily. When the action had been instituted, Parmeno tendered an oath to Apaturius regarding some of his charges, and he accepted it, and furthermore made a deposit to be forfeited if he did not swear the oath.In proof that my words are true, take the deposition.

The Deposition

Having accepted the oath, since he was aware that many would know that he had perjured himself, he did not present himself for the swearing, but, as though he could get free of the oath by an action, he summoned Parmeno into court. When both actions had been instituted, on the advice of persons present they proceeded to an arbitration, and after drawing up an agreement they submitted the matter to one common arbitrator, Phocritus, a fellow-country-man of theirs; and each one appointed one man to sit with Phocritus, Apaturius choosing Aristocles of Oea,[*] and Parmeno choosing me.

They agreed in the articles that, if we three were of one mind, our decision should be binding on them, but, if not, then they should be bound to abide by what the two should determine. Having made this agreement, they appointed sureties for one another to guarantee its fulfillment. Apaturius appointed Aristocles, and Parmeno Archippus of Myrrhinus.[*] At the outset they deposited their agreement with Phocritus, but upon his bidding them to deposit it with someone else, they deposited it with Aristocles.

In proof that my words are true, hear the depositions.

The Depositions