Unknown Pleader Against Apaturius (21-23)

Phocritus and I, who were named in the same articles, refused to participate in the award, because the plaintiff denied that in his view we were arbitrators; but Aristocles, whose authority was not only disputed, but who had expressly been forbidden to act, nevertheless made the declaration—a thing which not one of you and not one of all the other Athenians could have been induced to do.

For all that Apaturius and the arbitrator did in connection with the disappearance of the articles and the pronouncing of the award, the man wronged, if ever he comes safely back to Athens, will obtain satisfaction from them. But since Apaturius has come to such a pitch of shamelessness as to bring suit against me also, charging that I undertook to pay any sum that might be awarded against Parmeno, and since he declares that my name was entered in the articles as surety, I shall free myself from such a charge in the proper way; I shall first bring forward witnesses to prove that it was not I who became surety for Parmeno, but Archippus of Myrrhinus; and I shall then undertake, men of the jury, to make my defence by circumstantial proofs.

In the first place, I hold that the time is a witness for me to prove that the charge is groundless. For the agreement to arbitrate made by this fellow and Parmeno and the award of Aristocles took place two years ago; but merchants may bring action every month from Boëdromion to Munichion,[*] in order that they may obtain their rights without delay and put to sea. So, if I was in truth a surety for Parmeno, why did not Apaturius immediately after the award proceed to collect the sum guaranteed?