Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 39.1 Dem. 39.14 (Greek) >>Dem. 39.22

39.10Again, suppose Mantitheus, son of Mantias, of Thoricus should be summoned as judge, note what should we do? Should we go, both of us? For how is it to be clear whether he has summoned you or me? Or, by Zeus, suppose the state is appointing to any office by lot, for example that of Senator, note that of Thesmothet, note or any of the rest; how will it be clear which one of us has been appointed?—unless some mark shall be attached to the tablet, note as there might be to anything else; and even then people will not know to which of us two it belongs. Well then, he will say that he has been appointed, and I shall say that I have. 39.11The only course left is for us to go into court. So the city will order a court to be set up for each of the cases; and we shall be cheated of the fair and equal right, that the one chosen by lot shall hold office. Then we shall berate each other, and he who shall prevail by his words will hold office. And in which case should we be better off—by trying to rid ourselves of our existing resentments, or by arousing fresh animosities and recriminations? For these must of necessity result, when we wrangle with one another about an office or anything else. 39.12But suppose again (for we must examine every phase of the matter), one or the other of us persuades the other, in case he is chosen, to yield the office to him, and so obtains the appointment? What is this but one man drawing lots with two tablets? Shall it, then, be permitted us to do with impunity a thing for which the law appoints the penalty of death? “Why, certainly, for we should not do it,” you may say. I know that, at least so far as I am concerned; but it is not right that some persons should even be liable to this penalty, when they need not be.

39.13Very well; but in these cases it is the state that is injured: what harm does it do me individually? Observe in what serious ways I am harmed, and consider if there be anything in what I say. Indeed the wrong done to me is far more grievous than what you have heard. You all know, for instance, that he was intimate with Menecles during his lifetime, and with his crowd, and that he now associates with others no better than Menecles, and that he has cherished the same ambitions, and desires to be thought a clever fellow note; and, by Zeus, I dare say he is. 39.14Now, if, as time goes on, he undertakes to set on foot any of the same practices as these men (these are indictments, presentments for contraband, informations, arrests) and on the basis of one of these he is condemned to pay a fine to the state (for there are many vicissitudes in mortal affairs, and you know well how to keep in due bounds even the most clever people on any occasion when they overreach themselves), why will his name be entered on the record any more than mine? 39.15“Because,” it may be said, “everybody will know which of us two was fined.” Very good; but suppose (what might very well happen) that time passes and the debt is not paid; why is there any greater likelihood that the defendant's children will be entered on the list of state debtors any more than my own when the name of the father and the tribe, and all else are identical? Suppose, now, somebody should bring a suit for ejectment against him, and should state that he had nothing to do with me, but, having had the writ registered, should enter the name, why will the name he has entered be that of my opponent any more than my own? What if he fails to pay any of the property-taxes? 39.16What if the name be involved in the filing of any other suit, or, in general, in any unpleasant scandal? Who, among people at large, will know which of the two it is, when there are two Mantitheuses having the same father? Suppose, again, that he should be prosecuted for evasion of military service, and should be serving as chorister when he ought to be abroad with the army—as, a while ago, when the rest went over to Tamynae, note he was left behind here keeping the feast of Pitchers, note and remained here and served in the chorus at the Dionysia, note as all of you who were at home saw; 39.17then, after the soldiers had come back from Euboea, he was summoned on a charge of desertion, and I, as taxiarch of our tribe, note was compelled to receive the summons, since it was against my name, that of my father being added; and if pay had been available for the juries, note I should certainly have had to bring the case into court. If this had not occurred after the boxes note had already been sealed, I should have brought you witnesses to prove it. 39.18Well then; suppose he were summoned on the charge of being an alien. And he does make himself obnoxious to many, and the way in which my father was compelled to adopt him is no secret. You, on your part, while my father was refusing to acknowledge him, believed that his mother was telling the truth; but when, with his parentage thus established, he makes himself odious, you will some day on the contrary conclude that my father's story was true. Again, what if my opponent, in the expectation of being convicted of perjury for the services note which he freely grants his associates, should allow the suit to go by default? Do you think it would be a slight injury that I should be my whole life long a sharer of his reputation and his doings?



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 39.1 Dem. 39.14 (Greek) >>Dem. 39.22

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