Unknown Pleader Against Apaturius (16-20)

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.

Aristocles promised that he would produce the articles, but up to this day has not brought them to light. He did meet us on the appointed day at the Hephaesteum,[*] but made the excuse that his slave while waiting for him had fallen asleep and lost the document. The man who concocted this plot was Eryxias, the physician from Peiraeus, an intimate friend of Aristocles, the same man who out of enmity toward me has also got up this action against me.

Now in proof that Aristocles pretended that he had lost the document, hear the depositions.

The Depositions

After this the arbitration was done away with, the articles of agreement having disappeared and the authority of the arbitrators being questioned. They did endeavor to draw up new articles about these matters, but could come to no agreement, as the plaintiff insisted on having Aristocles, and Parmeno the three to whom in the first instance the arbitration had been referred. Nevertheless, although no new articles had been drawn, and those originally drawn had been made away with, the man who had made away with them came to such a pitch of shamelessness that he declared he would in his own single person pronounce the award. Parmeno called witnesses to be present, and forbade Aristocles to pronounce an award against him, without his co-arbitrators, in defiance of the articles of agreement.Hear the deposition of those in whose presence he thus forbade him.

The Deposition

After this there befell Parmeno, men of the jury, a dire misfortune. He was dwelling in Ophrynium[*] because of his being an exile from home, when the earthquake in the Chersonese occurred; and in the collapse of his house his wife and children perished. Immediately on hearing of the disaster he departed by ship from Athens. Aristocles, although the man had adjured him in the presence of witnesses not to pronounce judgement against him without his co-arbitrators, when Parmeno had left the country because of the disaster, pronounced an award against him by default.