Greek Texts & Translations

33.13Since 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.Deposition

33.14Having 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, ^note and Parmeno choosing me. 33.15They 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. ^note 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.Depositions

33.16That 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, 33.17and 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. 33.18Aristocles 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, ^note 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.Depositions

33.19After 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.Deposition