Greek Texts & Translations

33.28Let this, then, be another proof to you that Apaturius is lying. If I had become surety to him for Parmeno, it is inconceivable that I should have made the plaintiff my enemy for Parmeno's sake, taking every care that the latter should not lose what he had lent the plaintiff through me, and yet have allowed myself to be left in the lurch by him as his surety to the plaintiff. For what ground had I to hope that leniency would be shown me by the man whom I had compelled to do justice to Parmeno? And when I had made him my enemy by exacting from him what was guaranteed to the bank, what treatment could I myself have expected to receive at his hands?

33.29It is worth while also for you to bear this in mind, men of the jury, that, if I had been surety, I should never have denied it. For my argument was much stronger, if I admitted the guaranty and appealed to the agreement in accordance with which the arbitration was to be held. That the matter was referred to three arbitrators has been shown by testimony. When, then, there had been no decision by the three, why in the world should I have denied the guaranty? For, if judgement had not been given in accordance with the agreement, neither should I have been open to action for my guaranty. Therefore, men of the jury, if I had really become a surety, I should not have given up a defence which was at hand, and have proceeded to deny the fact.

33.30Again, the following fact has been testified to you by witnesses, that, after the articles of agreement had been made away with by these men, the plaintiff and Parmeno sought to have new articles drawn up, thus admitting that their former agreement was without force. Yet, when they sought to have other articles drawn in regard to the judgement that was to be given, since the existing ones had been lost, how was it possible that, if other articles were not drawn, there could be either arbitration or guaranty? It was the fact that they disagreed upon this very point that prevented their writing new articles, Apaturius demanding that there should be one arbitrator, and Parmeno that there should be three. But, since the original articles were made away with, in accordance with which he alleges that I became a surety, and other articles were not written, what right has he to bring suit against me, against whom he is able to produce no agreement?

33.31Further, it has been testified to you by witnesses that Parmeno forbade Aristocles to give judgement against him without the concurrence of his co-arbitrators. When, therefore, it is shown that the same person has made away with the document in accordance with the terms of which the arbitration was to be made, and declares that he has made the decision without his co-arbitrators, and in defiance of the notice forbidding him to do so, how can you with any fairness credit the fellow and condemn me? Consider this, men of the jury: 33.32suppose it was not against me, but against Parmeno, that this man Apaturius were now taking action, seeking to recover the twenty minae in reliance upon the judgement of Aristocles; and that Parmeno was present and making his defence, calling witnesses to prove that he had turned the matter over to Aristocles, not as a single arbitrator, but as one of three; 33.33that he had forbidden him to announce a decision against him without his co-arbitrators; and that, after his wife and children had perished in the earthquake, and he in the face of a disaster so appalling had sailed for home, the man who had made away with the articles of agreement announced a judgement against him by default in his absence, is there a single one of you who, when Parmeno had brought out these facts in his defence, would have considered an award so unjustly made to be valid? 33.34More than this; suppose that not every point was under dispute; that there were in existence articles of agreement; that Aristocles was admittedly an arbitrator having sole authority; that Parmeno had not forbidden him to make the award; but that the calamity had befallen the man before the announcement of the award; what adversary or what arbitrator would have been so cruel as not to postpone the case until the man returned to the country? Then, if Parmeno, coming to plead before you, should be judged in every point to speak with more justice than the plaintiff, how can you justly give judgement against me, who have absolutely no contract with this man?

33.35That I, on my part, have made my special plea with good right, and that Apaturius has lodged against me a claim that is .baseless, and instituted a suit contrary to law, has, I think, been shown to you, men of the jury, by many proofs. The main point is this: Apaturius will not even attempt to say that he has any articles showing an agreement between us. When he falsely states that my name was written in as surety in the agreement made with Parmeno, demand of him the articles. 33.36Meet him on this ground: that all men, when they make agreements with one another, seal the articles and deposit them with persons whom they can trust, for this very purpose, that, if a dispute arises between them, they may refer to the document and so settle the point at issue. But when a man, after doing away with the source of accurate knowledge, undertakes to deceive you with words, how can you with justice put any confidence in him?