Delphi Complete Works of Demosthenes

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by Demosthenes


  Take first the law of Solon and read it, please.” Law “ [32] Now take also the law of Aristophon; for, men of Athens, Solon was thought to have enacted in this instance so wise and democratic a law that you voted to re-enact it.” Law”

  It is fitting that you, then, acting in defence of the laws, should hold, not that those who ply a trade are aliens, but that those who bring malicious and baseless suits are scoundrels. For, Eubulides, there is another law too regarding idleness to which you, who denounce us who are traders, are amenable. [33] But we are at the present time involved in a misfortune so great that, whereas it is permitted to this fellow to make slanderous statements which have nothing to do with the case, and to avail himself of every possible means to prevent my obtaining my rights in any particular, you will perhaps rebuke me, if I tell you what sort of a trade this man plies as he goes about the city; and you would do so with good reason, for what need is there for me to tell you what you know? But consider. It seems to me certainly that our carrying on a trade in the market-place is the strongest proof that this fellow is bringing against us charges which are false. [34] He asserts that my mother is a vendor of ribbons and that everybody has seen her. Well then, there ought to be many to testify from knowledge who she is, and not from hearsay only. If she was an alien, they ought to have examined the market-tolls, and have shown whether she paid the alien’s tax, and from what country she came; and if she were a slave, then the one who had bought her should by all means have come to give evidence against her, or the one who sold her, or in default of them, someone else to prove that she had lived as a slave or had been set free. But as it is, Eubulides has proved not one of these things; he has merely, in my opinion, indulged in every form of abuse. For this is what a blackmailer is; he makes all manner of charges, but proves nothing. [35]

  He has said this too about my mother, that she served as a nurse. We, on our part, do not deny that this was the case in the time of the city’s misfortune, when all people were badly off; but in what manner and for what reasons she became a nurse I will tell you plainly. And let no one of you, men of Athens, be prejudiced against us because of this; for you will find today many Athenian women who are serving as nurses; I will mention them by name, if you wish. If we were rich we should not be selling ribbons nor be in want in any way. But what has this to do with our descent? Nothing whatever, in my opinion. [36] Pray, men of Athens, do not scorn the needy (their poverty is misfortune enough), and scorn still less those who choose to engage in trade and get their living by honest means. No; listen to my words, and if I prove to you that my mother’s relatives are such as free-born people ought to be; that they deny upon oath the calumnious charges which this man makes regarding her, and testify that they know her to be of civic birth — they on their part being witnesses whom you yourselves will acknowledge to be worthy of credence — , then, as you are bound to do, cast your votes in my favor. [37]

  My grandfather, men of Athens, the father of my mother, was Damostratus of Melitê. To him were born four children; by his first wife a daughter and a son Amytheon, and by his second wife Chaerestratê my mother and Timocrates. These also had children. Amytheon had a son Damostratus, who bore the same name as his grandfather, and two others, Callistratus and Dexitheus. Amytheon, my mother’s brother, was one of those who served in the campaign in Sicily and were killed there, and he lies buried in the public tomb. These facts will be proved to you by testimony. [38] To Amytheon’s sister, who married Diodorus of Halae, was born a son Ctesibius, and he was killed in Abydus while serving in the campaign with Thrasybulus. Of these relatives there is living Damostratus, son of Amytheon and nephew of my mother. The sister of my grandmother Chaerestratê was married to Apollodorus of Plotheia. They had a son Olympichus, and Olympichus a son Apollodorus, who is still living.

  Call these people, please.” Witnesses “ [39]

  These witnesses, then, you have heard giving their testimony and taking their oaths. I will call also one who is our kinsman on both sides, and his sons. For Timocrates, who is my mother’s brother, born from the same father and the same mother, had a son Euxitheus, and Euxitheus had three sons. All these persons are still living.

  Call, please, those of them who are in the city.” Witnesses “ [40]

  Now take, please, the depositions of the members of the clan belonging to the same gens as my mother, and of the members of the deme, and of those who have the right of burial in the same tombs.” Depositions”

  As to my mother’s lineage, then, I prove to you in this way that she was an Athenian on both the male and the female side. My mother, men of the jury, first married Protomachus, to whom she was given by Timocrates, her brother born of the same father and the same mother; and she had by him a daughter. Then she married my father and gave birth to me. But how it was that she came to marry my father you must hear; for the charges which my opponent makes regarding Cleinias and my mother’s having served as nurse — all this too I will set forth to you clearly. [41] Protomachus was a poor man, but becoming entitled to inherit a large estate by marrying an heiress, and wishing to give my mother in marriage, he persuaded my father Thucritus, an acquaintance of his, to take her, and my father received my mother in marriage at the hands of her brother Timocrates of Melitê, in the presence of both his own uncles and other witnesses; and of these as many as are still living shall give testimony before you. [42] Some time after this, when by now two children had been born to her, she was compelled at a time when my father was absent on military service with Thrasybulus and she herself was in hard straits, to take Cleinias, the son of Cleidicus, to nurse. This act of hers was, Heaven knows, none too fortunate with reference to the danger which has now come upon me (for it was from this nursing that all the slander about us has arisen); but in view of the poverty with which she had to cope she did what was perhaps both necessary and fitting. [43] Now it is plain, men of Athens, that it was not my father who first received my mother in marriage. No; it was Protomachus,and he had by her a son, and a daughter whom he gave in marriage. And he, even though dead, bears testimony by what he did that my mother was an Athenian and of civic birth.

  To prove that these statements of mine are true, call first, please, the sons of Protomachus, and next the witnesses who were present when my mother was betrothed to my father, and from the members of the clan the kinsfolk to whom my father gave the marriage-feast in honor of my mother. After them call Eunicus of Cholargus, who received my sister in marriage from Protomachus, and then my sister’s son. Call them.” Witnesses “ [44]

  Would not my lot, men of Athens, be more piteous than that of any other, if, when all this host of witnesses deposes and swears that they are of my kin, and when no one disputes the citizenship of any one of these, you should vote that I am an alien?

  Take, please, also the deposition of Cleinias and that of his relatives; for they, I presume, know who my mother was who once served as his nurse. Their oath requires them to bear witness, not to what I say today, but to what they have always known regarding her who was reputed to be my mother and the nurse of Cleinias. [45] For even if a nurse is a lowly thing, I do not shun the truth. For it is not our being poor that would mark us as wrong-doers, but our not being citizens; and the present trial has to do, not with our fortune or our money, but with our descent. Many are the servile acts which free men are compelled by poverty to perform, and for these they should be pitied, men of Athens, rather than be brought also to utter ruin. For, as I am informed, many women have become nurses and laborers at the loom or in the vineyards owing to the misfortunes of the city in those days, women of civic birth, too; and many who were poor then are now rich. However, I shall speak of these matters by and by.

  For the moment, please call the witnesses.” Witnesses “ [46]

  Well then, that I am a citizen on both my mother’s and my father’s side you have all learned, partly from the testimony which has just been given and partly from that previously given regarding my father. It remai
ns for me to speak to you about myself — and my statement is, I think, the simplest and the most reasonable — , that, since I am of civic birth on the side of both parents and have shared by inheritance both the property and the family, I am a citizen. Nevertheless I will produce witnesses to establish also all the circumstances which befit a citizen — that I was inducted into the clan, that I was enrolled on the register of the demesmen, that by these men themselves I was nominated among the noblest-born to draw lots for the priesthood of Heracles, and that I passed the scrutiny and held offices.

  Call them, please.” Witnesses “ [47]

  Is it not an outrage, men of the jury, that, whereas, if I had been chosen by lot as priest, even as I had been nominated, it would have been my duty to offer sacrifice on behalf of these people, and Eubulides would have had to join in the sacrifice with me, — is it not an outrage, I ask, that these same people should not allow me even to share in the sacrifices with them? It is plain, then, men of Athens, that in all previous time I have been acknowledged as a citizen by all those who now accuse me; [48] for surely Eubulides would never have suffered the foreigner or resident alien, as he now calls me, either to hold offices or to draw lots with himself as a nominee for the priesthood; for he too was one of the nominees who drew lots. Nor, men of Athens, seeing that he is an old enemy of mine, would he have waited for the present opportunity, which no one could foresee, if he had known any such facts regarding me. But he did not know them. [49] So, then, although he continued throughout all the past to act as a member of the deme and to draw lots for offices together with me without seeing any of these objections, yet, when the whole city was roused to sharp indignation against those who had recklessly forced their way into the demes, then, and not till then, he laid his plots. The earlier time would have suited one who was convinced of the truth of his charges; but the present suits an enemy and one who will stoop to malicious pettifoggery. [50] For my own part, men of the jury (and I beg you by Zeus and the gods, let no one make an outcry or be vexed at what I am going to say), I hold myself to be an Athenian on the same grounds on which each one of you holds himself to be one, having from the first regarded as my mother her whom I represent as such to you, and not pretending to be hers while really belonging to another; and in regard to my father the case is the same. [51] Yet, if in the case of those who are proved to have hidden their real parentage and laid claim to a false one, you rightly hold this to be a proof that they are aliens, surely in my case the opposite should prove that I am a citizen. For in claiming the rights of citizenship I should never have inscribed myself as the son of parents who were both foreigners, but, if I had known any such thing, I should have sought out persons to claim as my parents. But I knew nothing of the sort, and so, holding fast to those who are my real parents, I claim Athenian citizenship. [52]

  Again, I was left an orphan; and yet they say that I am rich and that some of the witnesses testify that they are my relatives because they receive help from me. They taunt me with my poverty and make my birth a reproach, but at the same time they assert that I am rich enough to buy anything. [53] In which statement, then, is one to believe them? It surely would have been their right, if I had been illegitimate or an alien, to inherit all my property. Do they prefer, then, to take a little and jeopardize themselves by giving false testimony and to commit perjury, rather than to take everything, and that with safety, without having invoked a curse upon their own heads? This is not the case. No; in my opinion, seeing that they are my relatives, they are but doing what is right in aiding one of themselves. [54] And they are not doing this at this time because I have induced them to do so; on the contrary, when I was a child they at once took me to the clansmen, they took me to the temple of Apollo our ancestral god, and to the other sacred places. And yet I presume that as a child I did not induce these men to do this by giving them money. No; my father himself, while he still lived, swore the customary oath and introduced me to the clansmen, knowing that I was an Athenian, born of an Athenian mother, lawfully betrothed to himself; and these facts have been established by testimony. [55]

  Am I, then, an alien? Where have I paid the resident alien’s tax? Or what member of my family has ever paid it? Have I ever gone to the members of another deme and, because I could not induce them to accept me, got myself registered in this one? Have I done any of the things which all those who are not genuine citizens are proved to have done? Certainly not. No; in a word I manifestly have lived as a member of the deme among the same people among whom my father’s grandfather, my own grandfather, and my father himself lived. And now, how could anyone prove to you more convincingly than I have done that he is entitled to the rights of citizenship? [56] Let each one of you consider, men of Athens, in what other way he could prove that people are his kinsmen than in the way in which I have proved it — by having them give testimony under oath and showing that they have always been my kinsmen from the beginning.

  It is for these reasons that I have confidence in my case and have come to you for protection. For I see, men of Athens, that the decisions of your courts are more valid not only than those of the Halimusians who have expelled me, but more valid even than those of the senate and the popular assembly; and justly so; for in all respects the verdicts of your courts are most just. [57]

  Reflect upon this also, all you who belong to the large demes, that you are not wont to deprive any man of his right of accusation and defence. And I invoke many blessings upon the heads of all of you who have dealt fairly with this matter, because you did not deprive of the opportunity to prepare their case those who asked for a delay. By taking this course you exposed the pettifoggers and those who were maliciously scheming against others. [58] You are deserving of praise for this, men of Athens; but those are to be blamed who have misused a procedure that was both admirable and just. In no other of the demes will you find that more outrageous things have been done than in ours. Of brothers born of the same mother and the same father they have expelled some and retained others, and they have expelled elderly men of slender means, while they have left their sons on the list of demesmen; and to prove these things I will call witnesses, if you wish. [59] But you must hear the most outrageous thing which these conspirators have done (and I beg you in the name of Zeus and the gods, let no one of you be offended if I show the rascality of these men who have wronged me. For I hold that in showing what scoundrels they are I am speaking with precise reference to the experience which has befallen me). For, you must know, men of Athens, that when certain aliens, Anaximenes and Nicostratus, wished to become citizens, these scoundrels admitted them for a sum of money, which they divided among themselves, receiving five drachmae apiece. Eubulides and his clique will not deny on oath that they have knowledge of this; and now in this last revision they did not expel these men. Do you think, then, that there is anything that they would not do in private, seeing that in a public matter they dared this? [60] There are many people indeed, men of the jury, whom Eubulides and his clique have destroyed or have saved for money. For even at an earlier time (and my words shall bear upon the matter in hand, men of Athens) Antiphilus, the father of Eubulides, when he was prefect of the deme, as I have told you, made use of trickery in his desire to get money from certain persons, and asserted that he had lost the public register; and he thereby induced the Halimusians to revise their list of members, denounced ten of their number, and had them expelled; all of whom with one exception the court of justice restored. These facts all the older ones know. [61] It is unlikely indeed that they left on the list any who were not Athenians, when they conspired to expel even men who were citizens, whom the court restored. And although he was a personal enemy of my father at the time, Eubulides not only did not denounce him, but did not even cast his vote that he was not an Athenian. How is this proved? Because my father was declared by all the votes to be a member of the deme. But what need is there to speak of our fathers? Eubulides himself, when I was entered on the register and all the demesmen
after taking the oath cast their votes regarding me as the law prescribes, neither denounced me nor cast his vote against me; for in this case again they all voted that I was a member of the deme. And, if they say that I am lying about this, let anyone who wishes give evidence to the contrary in the time allotted to me. [62] If, then, men of Athens, my opponents seem to have a very strong argument in the fact that in the present instance the demesmen have rejected me, I point out to you that on four previous occasions, when they gave their votes in accordance with their oaths without entering into a conspiracy, they voted that both I and my father were their fellow-demesmen — first, when my father passed the scrutiny; secondly, when I did so; then, in the former revision, after these men had made away with the register; and, finally, when they nominated me among the noblest-born and voted that I should draw lots for the priesthood of Heracles. All these facts have been established by testimony. [63]

  If it be right for me to speak of my administration as prefect, because of which I incurred the anger of many, and in the course of which I became involved in quarrels because I required some of the demesmen to pay the rents which they owed for sacred lands and to refund other sums which they had embezzled from the public moneys, I should be very glad to have you listen to me; but perhaps you will hold that these matters are foreign to the subject before us. However, I am able to point to this as a positive proof of their conspiracy. For they struck out of the oath the clause that they would vote according to their unbiassed judgement and without favor or malice. [64] This became a matter of general knowledge, as did also the fact that the demesmen from whom I had exacted repayment of the public moneys swore a conspiracy against me, and by a sacrilegious theft stole from the temple the shields which I had dedicated to Athena (for the truth shall be told), and chiseled out the decree which the demesmen had passed in my honor. And they have come to such a pitch of shamelessness that they went about saying that I had done this for the sake of my defence. Yet what man among you, men of the jury, would judge me so utterly insane as to commit an act punishable with death in order to secure so mighty a bit of evidence for my case, and then myself to destroy an inscription which brought me honor? [65] But the most outrageous act of all I fancy they would hardly say that I myself contrived. For hardly had my misfortune come about, when immediately, as if I were already an exile and a ruined man, some of these people went by night to my cottage in the country and attempted to carry off what was there; so utter was their contempt for you and for your laws. If you wish, I will call persons who know the facts. [66]

 

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