Unknown Pleader Against Apaturius (15-17)

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

That the agreements were deposited with Aristocles, and that the arbitration was left with Phocritus, Aristocles and myself, has been testified to you by witnesses who know the facts. And now, men of the jury, I beg of you to hear from me what happened after this; for from this it will be clear to you that this man Apaturius is making a claim upon me which is baseless and malicious. For when he saw that Phocritus and I were of one mind, and realized that we should give judgement against him, wishing to break down the arbitration, he sought, in collusion with the man who held them, to destroy the articles of agreement,

and he proceeded to contend that Aristocles was his arbitrator, and declared that Phocritus and I were empowered to do nothing else than seek to bring about a reconciliation. Angered at this statement, Parmeno demanded of Aristocles that he produce the agreement, adding that if there had been any criminal meddling with the papers, proof of the fact would not be far to seek, for his own slave had written them.