Against Apaturius
Demosthenes
Demosthenes. Vol. IV. Orations, XXVII-XL. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1936 (printing).
that 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?
More 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?