by Demosthenes
[34] This great and formidable contest, then, he got up against me, not as a simple-minded fellow, but as a conspirator and a villain. But after this, instead of the name, Boeotus, which my father had given him, as has been proved to you by witnesses, after my father’s death he had his name inscribed on the list of the demesmen as Mantitheus, and being further addressed by the name of the same father and the same deme as I myself, he not only forced a retrial of the case in which I am now suing him, but when you had elected me taxiarch, he came in person to the court to pass the probationary test; and when judgement had been given against him in an ejectment suit, he declared that it was not against him but against me that the judgement had been given.
[35] ὡς δ᾽ ἐν κεφαλαίῳ εἰπεῖν, κακά μοι παρέχων ἠνάγκασέ με λαχεῖν αὑτῷ δίκην περὶ τοῦ ὀνόματος, οὐχ ἵνα χρήματα παρ᾽ αὐτοῦ λάβω, ὦ ἄνδρες δικασταί, ἀλλ᾽ ἵνα, ἐὰν ὑμῖν δοκῶ δεινὰ πάσχειν καὶ βλάπτεσθαι μεγάλα, οὑτοσὶ καλῆται Βοιωτός, ὥσπερ ὁ πατὴρ αὐτῷ ἔθετο. ὅτι τοίνυν ἀληθῆ καὶ ταῦτα λέγω, λαβέ μοι καὶ τὰς περὶ τούτων μαρτυρίας.”Μαρτυρίαι”
[35] And to sum up the matter for you, he gave me so much trouble that he compelled me to bring suit against him regarding the name, not in order to get money from him, men of the jury, but that, if it should appear to you that I am being outrageously treated and am suffering grievous wrongs, he may go on being called Boeotus, as my father named him.
To prove that I am speaking the truth in this also, take, please, the depositions bearing on these matters.” Depositions”
[36] πρὸς τούτοις τοίνυν καὶ ὅτι ἐγὼ στρατευόμενος καὶ μετὰ Ἀμεινίου ξενολογήσας, ἄλλοθέν τε χρήματα εὐπορήσας καὶ ἐκ Μυτιλήνης παρὰ τοῦ ὑμετέρου προξένου Ἀπολλωνίδου καὶ παρὰ τῶν φίλων τῆς πόλεως λαβὼν τριακοσίους στατῆρας Φωκαιᾶς, ἀνήλωσα εἰς τοὺς στρατιώτας, ἵνα πρᾶξίς τις πραχθείη καὶ ὑμῖν καὶ ἐκείνοις συμφέρουσα,
[36] In addition to all this, on the charge that, when I was on military service and had collected mercenaries with Ameinias（seeing that I was well-provided with funds from other sources, and had collected from Mytilene from your proxenus Apollonides and the friends of our city three hundred Phocaic staters, and had spent that sum upon these troops, in order that a matter might be prosecuted which was of advantage to you and to them alike） —
[37] περὶ τούτων μοι δικάζεται ὡς πατρικὸν κεκομισμένῳ χρέως παρὰ τῆς πόλεως τῆς Μυτιληναίων, Καμμῦ τῷ τυραννοῦντι Μυτιλήνης ὑπηρετῶν, ὃς καὶ ὑμῖν κοινῇ καὶ ἐμοὶ ἰδίᾳ ἐχθρός ἐστιν. ὅτι δὲ ὁ πατὴρ ἡμῶν, ἣν ἐψηφίσαντο αὐτῷ δωρεὰν οἱ Μυτιληναῖοι, εὐθὺς αὐτὸς ἐκομίσατο, καὶ ὡς οὐδὲν ὠφείλετο αὐτῷ χρέως ἐν Μυτιλήνῃ, τῶν ὑμετέρων φίλων παρέξομαι μαρτυρίαν.”Μαρτυρία”
[37] for this he brings suit against me, alleging that I had collected a debt due to my father from the city of the Mytileneans. In this he was seeking to serve Cammys, tyrant of Mytilene, who is an enemy of Athens and a private enemy of mine.
But to prove that my father at the time received in person the reward which the people of Mytilene voted him, and that no debt was owing to him in Mytilene, I will produce a deposition of your friends.” Deposition”
[38] ἔχων τοίνυν, ὦ ἄνδρες δικασταί, καὶ ἄλλα πολλὰ καὶ δεινὰ λέγειν, ἃ οὗτος καὶ εἰς ἐμὲ καὶ εἰς ὑμῶν ἐνίους ἡμάρτηκεν, ἀναγκάζομαι διὰ τὸ ὀλίγον εἶναί μοι τὸ ὕδωρ παραλιπεῖν. νομίζω δὲ καὶ ἐκ τούτων ὑμῖν ἱκανῶς ἐπιδεδεῖχθαι, ὡς οὐ τοῦ αὐτοῦ ἀνθρώπου ἐστίν, ἀγῶνα μέν μοι περὶ φυγῆς κατασκευάζειν καὶ δίκας οὐδὲν προσηκούσας δικάζεσθαι, πρὸς δὲ τὸν διαιτητὴν ἀπαντᾶν ἀπαράσκευον. ὥστε περὶ μὲν τούτων ἂν ἐπιχειρῇ λέγειν, οὐκ οἴομαι ὑμᾶς ἀποδέξεσθαι.
[38] I could mention many other outrageous acts of which Boeotus has been guilty, men of the jury, both against myself and against you; but I am compelled to pass them by as but little water is left me in the clepsydra. I think, however, that, even as it is, you have been shown conclusively that the same man who got up against me a suit involving the risk of banishment, and sued me on charges which concerned me not at all, is not one who would have come before the arbitrator unprepared; so that if he tries to say anything about this, I imagine that you will not tolerate it.
[39] ἂν δὲ λέγῃ ὡς ἀξιοῦντος αὐτοῦ ἐπιτρέψαι Κόνωνι τῷ Τιμοθέου περὶ ἁπάντων ἐγὼ οὐκ ἐβουλόμην ἐπιτρέπειν, ἐνθυμεῖσθε ὡς ἐξαπατᾶν ὑμᾶς ἐπιχειρήσει. ἐγὼ γὰρ περὶ μὲν ὧν αἱ δίκαι οὔπω τέλος εἶχον, ἕτοιμος ἦν ἐπιτρέπειν καὶ Κόνωνι καὶ ἄλλῳ διαιτητῇ ἴσῳ, ὅτῳ οὗτος βούλοιτο: περὶ δὲ ὧν τρὶς πρὸς τὸν διαιτητὴν ἀπαντήσαντος τούτου καὶ ἀντιδικοῦντος ὁ μὲν διαιτητὴς ἀπέγνω μου, οὗτος δὲ ἐν τοῖς γνωσθεῖσιν ἐνέμεινεν, ὡς καὶ ὑμῖν μεμαρτύρηται, οὐκ ᾤμην δίκαιον εἶναι ταῦτα πάλιν ἀνάδικα γίγνεσθαι:
[39] If, however, he declares that he offered to turn over all matters at issue between us to Conon, son of Timotheus, for arbitration, and that I refused to submit them, be sure that he will be trying to mislead you. I, for my part, was ready to submit all matters upon which a decision had not yet been rendered, either to Conon or to any other impartial arbitrator whom Boeotus might choose; but matters regarding which the arbitrator had given a decision in my favor, after Boeotus had thrice appeared before him and contested the case, — a decision in which Boeotus acquiesced, as witnesses have testified to you, — these matters, I thought, could not justly be reopened.
[40] τί γὰρ ἂν ἦν πέρας ἡμῖν τοῦ διαλυθῆναι, εἰ τὰ κατὰ τοὺς νόμους διαιτηθέντα λύσας ἑτέρῳ διαιτητῇ ἐπέτρεψα περὶ τῶν αὐτῶν ἐγκλημάτων, ἄλλως τε καὶ ἀκριβῶς εἰδὼς ὅτι, εἰ καὶ πρὸς τοὺς ἄλλους μὴ ἐπιεικές ἐστιν ταῖς διαίταις ἰσχυρίζεσθαι, πρός γε τοῦτον ἁπάντων δικαιότατον ἦν οὕτως προσφέρεσθαι.
[40] For to what final settlement could we ever have come, if I had made invalid a decision given by an arbitrator in accordance with the laws, and had referred the same charge to the decision of another arbitrator? — especially as I knew full well that, even though in relation to other men it is not proper to insist overmuch on the decisions of arbitrators, yet it is peculiarly fair to deal thus with Boeotus.
[41] φέρε γάρ, εἴ τις αὐτὸν ξενίας γράψαιτο λέγων ὡς διομνύμενος ὁ πατὴρ οὐκ ἔφη τοῦτον υἱὸν αὑτοῦ εἶναι, ἔσθ᾽ ὅτῳ ἂν ἄλλῳ ἰσχυρίζοιτο πρὸς ταῦτα ἢ διότι τῆς μητρὸς αὐτῶν ὀμοσάσης καὶ τοῦ διαιτητοῦ καταγνόντος ἠναγκάσθη
ὁ πατὴρ ἡμῶν ἐμμεῖναι τῇ διαίτῃ;
[41] For come, suppose someone should indict him for the usurpation of the rights of citizenship, declaring that my father denied on oath that this man was his son; could he rely on anything else to meet this charge than that, because of their mother’s oath and the decision of the arbitrators, my father was forced to abide by the award?
[42] οὐκοῦν δεινόν, εἰ οὗτος αὐτὸς κατὰ γνῶσιν διαιτητοῦ ὑμέτερος πολίτης γεγενημένος καὶ πρὸς ἐμὲ τὴν οὐσίαν νειμάμενος καὶ τυχὼν τῶν μετρίων ἁπάντων, ἃς ἐγὼ δίκας τοῦτον ἀπέφυγον παρόντα καὶ ἀντιδικοῦντα καὶ τοῖς γνωσθεῖσιν ἐμμένοντα, ταύτας ἀναδίκους ἀξιῶν γίγνεσθαι δίκαιόν τι δοκοίη λέγειν ὑμῖν, ὥσπερ, ὅταν μὲν τούτῳ συμφέρῃ, δέον εἶναι κυρίας τὰς διαίτας, ὅταν δὲ μὴ συμφέρῃ, προσῆκον τὴν τούτου γνώμην κυριωτέραν γενέσθαι τῶν κατὰ τοὺς ὑμετέρους νόμους γνωσθέντων.
[42] It would, then, be an outrageous thing, if this man, after having become a citizen of your city through an arbitrator’s decision, and having secured a share of my inheritance, and obtained all that was fair, should be thought by you to have any justice in his claim, when he demanded the reopening of the suits in which I won my acquittal, when he was present and argued against it, and acquiesced in the verdict; just as though, when it is to his interest, awards ought to be valid, but, when it is not to his interest, his opinion should have more weight than decisions rendered in accordance with your laws.
[43] ὃς οὕτως ἐπίβουλός ἐστιν, ὥστε καὶ τὴν δίαιταν ταύτην ἐπιτρέπειν με προὐκαλεῖτο, οὐχ ὅπως ἀπαλλαγῇ πρός με, ἀλλ᾽ ἵνα, ὥσπερ καὶ πρότερον ἕνδεκα ἔτη διήγαγε κακουργῶν, οὕτως καὶ νῦν τὰ ἀποδιαιτηθέντα μου λύσας ἐξ ἀρχῆς με συκοφαντῇ καὶ τὴν δίκην ταύτην ἐκκρούῃ.
[43] He is such a crafty schemer that his purpose even in this proposal of arbitration was not made that he might be rid of his disputes with me, but that, as he had for eleven years previously carried on his knavery, so now, by rendering invalid the decisions given in my favor by the arbitrator, he might afresh institute his malicious proceedings against me, and elude the present suit.
[44] τεκμήριον δὲ τούτου μέγιστον: οὔτε γὰρ τὴν πρόκλησιν ἐδέχετο, ἣν ἐγὼ κατὰ τοὺς νόμους προὐκαλούμην αὐτόν, πρότερόν τε Ξενίππῳ, ὃν οὗτος προὐβάλετο διαιτητήν, ἐπιτρέψαντός μου περὶ τῆς τοῦ ὀνόματος δίκης, ἀπηγόρευσεν αὑτῷ μὴ διαιτᾶν. ὅτι δὲ καὶ ταῦτ᾽ ἀληθῆ λέγω, ἐκ τῆς μαρτυρίας καὶ τῆς προκλήσεως εἴσεσθε.”Μαρτυρία”“Πρόκλησις”
[44] Here is a convincing proof of this. He would not accept the challenge which I gave him according to the laws; and when I had previously referred the suit about the name to Xenippus, whom he had proposed as arbitrator, he forbade him to render any decision.
That I am speaking the truth on these matters also you will learn from the deposition and the challenge.” Deposition ““ Challenge”
[45] ταύτην τοίνυν τὴν πρόκλησιν οὐ δεξάμενος, ἀλλ᾽ ἐνεδρεύων με καὶ τὴν δίκην ὅτι πλεῖστον χρόνον ἐκκρούειν βουλόμενος, κατηγορήσει, ὡς ἐγὼ πυνθάνομαι, οὐ μόνον ἐμοῦ, ἀλλὰ καὶ τοῦ πατρός, λέγων ὡς ἐκεῖνος ἐμοὶ χαριζόμενος πολλὰ τοῦτον ἠδίκησεν. ὑμεῖς δ᾽, ὦ ἄνδρες δικασταί, μάλιστα μέν, ὥσπερ αὐτοὶ οὐκ ἂν ἀξιώσαιτε κακῶς ἀκούειν ὑπὸ τῶν ὑμετέρων παίδων, οὕτω μηδὲ τούτῳ ἐπιτρέπετε περὶ τοῦ πατρὸς βλασφημεῖν:
[45] This challenge, then, he did not accept, wishing rather to lay a snare for me and to delay the suit as long as he possibly could; and now, as I learn, he will accuse not only me, but my father as well, alleging that my father wronged him in many ways in order to show favor to me. But I beg you, men of the jury, as you would yourselves deem it an unseemly thing to be evil spoken of by your own children, not to allow this man either to speak evil of his father.
[46] καὶ γὰρ ἂν εἴη δεινόν, εἰ αὐτοὶ μὲν πρὸς τοὺς ἐπὶ τῆς ὀλιγαρχίας πολλοὺς τῶν πολιτῶν ἀκρίτους ἀποκτείναντας διαλλαγέντες ἐμμένετε ταῖς ὁμολογίαις, ὥσπερ χρὴ τοὺς καλοὺς κἀγαθοὺς ἄνδρας, τούτῳ δὲ πρὸς τὸν πατέρα ζῶντα καὶ διαλυθέντι καὶ πολλὰ παρὰ τὸ δίκαιον πλεονεκτήσαντι νῦν μνησικακεῖν ἐπιτρέψετε καὶ κακῶς λέγειν ἐκεῖνον.
[46] For it would indeed be an outrageous thing when you yourselves, after having come to terms with those who in the time of the oligarchy put to death without trial numbers of your countrymen, abide by your compact with them, as men of honor should do, that you should allow this man, who was reconciled with my father while he lived, and won many advantages to which he had no right, now to renew the quarrel and to speak evil of that father when he is no more. Do not suffer this, men of the jury.
[47] μηδαμῶς, ὦ ἄνδρες δικασταί, ἀλλὰ μάλιστα μὲν κωλύετε αὐτὸν ταῦτα ποιεῖν, ἂν δ᾽ ἄρα βιάζηται ὑμᾶς καὶ λοιδορῆται, ἐνθυμεῖσθε ὅτι αὐτὸς ἑαυτοῦ καταμαρτυρεῖ μὴ ἐξ ἐκείνου γεγενῆσθαι. οἱ μὲν γὰρ φύσει παῖδες ὄντες, κἂν πρὸς ζῶντας τοὺς πατέρας διενεχθῶσιν, ἀλλ᾽ οὖν τελευτήσαντας αὐτοὺς ἐπαινοῦσιν: οἱ δὲ νομιζόμενοι μὲν υἱεῖς, μὴ ὄντες δὲ γένει ἐξ ἐκείνων, ῥᾳδίως μὲν αὐτοῖς διαφέρονται ζῶσιν, οὐδὲν δὲ φροντίζουσι περὶ τεθνεώτων αὐτῶν βλασφημοῦντες.
[47] If it be possible, prevent him from acting in this way; but if he persists in defying you and in speaking evil of my father, remember that he is bearing witness against himself that he is no son of his. For those who are true-born children, even though they may quarrel with their fathers while they are alive yet speak well of them when they are dead; whereas those who are accounted sons, but are not in truth children of their supposed fathers, quarrel with them without scruple while they are alive, and think nothing of slandering them when they are dead.
[48] χωρὶς δὲ τούτων ἐνθυμεῖσθε ὡς ἄτοπόν ἐστιν, εἰ οὗτος τὸν πατέρα ὡς ἁμαρτόντα εἰς αὑτὸν λοιδορήσει, διὰ τὰ ἐκείνου ἁμαρτήματα ὑμέτερος πολίτης γεγενημένος. κἀγὼ μὲν διὰ τὴν τούτων μητέρα τὰ δύο μέρη τῆς οὐσίας ἀφαιρεθείς, ὅμως ὑμᾶς αἰσχύνομαι λέγειν περὶ ἐκείνης τι φλαῦρον:
[48] And, besides, think how absurd it is that this fellow should abuse my father for his failings toward him, when it was thanks to this father’s failings that he became a citizen of your state. I, on my part, have, thanks to the mother of these men, been deprived of two-thirds of my property, but for all that I have too much respect for you to speak disparagingly of her.
[49] But Boeotus feels no shame in disparaging before you the man whom he compelled to become his father, and has even come to such a pitch of vulgarity that, although the laws forbid speaking ill even of other men’s fathers after they are dead, he will slander the man whose son he claims to be; whereas it would be proper for him to show resentment if anyone else spoke evil of him.
[50] οἴομαι δ᾽ αὐτόν, ὦ ἄνδρες δικασταί, ἐπειδὰν τῶν ἄλλων ἀπορῇ, κακῶς τέ με ἐπιχειρήσειν λέγειν καὶ διαβάλλειν πειράσεσθαι, διεξιόνθ᾽ ὡς ἐγὼ μὲν καὶ ἐτράφην καὶ ἐπαιδεύθην καὶ ἔγημα ἐν τῇ τοῦ πατρὸς οἰκίᾳ, αὐτὸς δὲ οὐδενὸς τούτων μετέσχεν. ὑμεῖς δ᾽ ἐνθυμεῖσθ᾽ ὅτι ἐμὲ μὲν ἡ μήτηρ παῖδα καταλιποῦσα ἐτελεύτησεν, ὥστε μοι ἱκανὸν ἦν ἀπὸ τοῦ τόκου τῆς προικὸς καὶ τρέφεσθαι καὶ παιδεύεσθαι: