Unknown Pleader Against Apaturius (24-26)

It is not open to him to say that because of his friendship for me he was loth to incur my enmity, for he had himself in utter unfriendliness been forced by me to pay the one thousand drachmae due to Parmeno; and when he was trying to get his ship out of the port in his plot to sneak away and to defraud the bank of what was due, it was I who prevented him. So, if I had become a surety for Parmeno, he would not have waited until two years afterward to exact the sum guaranteed, but would have proceeded to do so at once.

Ah, but he was well provided with funds, so that it was open to him to proceed against me later on, and at the moment he had no time, as he was about to put to sea! On the contrary, he was in such straits that he had lost all his effects, and had sold his ship. And, if there really had been anything to prevent his immediately bringing suit against me, why, when he was in town last year, did he not dare, I will not say to bring suit, but even to make a demand? It was surely the proper course for him, if judgement had been given against Parmeno in his favour, and if I was the latter’s surety, to come to me himself accompanied by witnesses, and to demand the amount guaranteed, if not the year before last, at any rate in the year just past; and then, if I proffered payment, to take his money, and, if I did not, to bring suit.

For in claims of this sort everyone makes demand before he brings suit. Well, there isn’t a person living who will testify that he was present either last year or the year before, when this man either instituted proceedings against me or made any mention to me whatever of the claims for which he is now suing me.To prove that he was in town last year when the courts were open, please take the deposition.

The Deposition