| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 39.1 | Dem. 39.7 (Greek) | >>Dem. 39.16 |
39.3My father (for the whole truth shall be told you, men of the jury) feared to come into court lest someone, on the ground of having elsewhere received some injury from him in his public life, should confront him here; and at the same time he was deceived by this man's mother. For she had sworn that if he should tender her an oath in this matter, she would refuse it, and that, when this had been done, all relations between them would be at an end; and she had also had money deposited in the hands of a third party on her behalf note;—on these conditions, then, my father tendered her the oath.
39.4But she accepted it, and swore that not only the defendant, but his brother too, her other son, was my father's child. When she had done this it was necessary to enter them among the clansmen, note and there was no excuse left. My father did enter them; he adopted them as his children and (to cut short the intervening matters) he enrolled the defendant at the Apaturia note as Boeotus on the list of the clansmen, and the other as Pamphilus. But I had already been enrolled as Mantitheus.
39.5My father's death happened before the entries were made on the register of the demesmen, note but the defendant went and enrolled himself on the register as Mantitheus, instead of Boeotus. How great a wrong he did in this—to me, in the first place, but also to you—I shall show, as soon as I have brought forward witnesses to prove my assertions.
Witnesses
39.6You have heard from the witnesses the manner in which our father enrolled us; I shall now show to you that, as the defendant did not choose to abide by this enrollment, it was both just and necessary for me to bring suit. For I am surely not so stupid nor unreasonable a person as to have agreed to take only a third of my father's estate (though the whole of it was coming to me), seeing that my father had adopted these men, and to be content with that, and then to engage in a quarrel with my kin note about a name, were it not that for me to change mine would bring great dishonor and a reputation for cowardice, while for my opponent to have the same name as myself was on many accounts impossible.
39.7To begin with (assuming that it is best to mention public matters before private), in what way will the state give its command to us, if any duty is to be performed? The members of the tribe will, of course note, nominate us in the same way as they nominate other people. Well then; they will bring forward the name of Mantitheus, son of Mantias, of Thoricus note if they are nominating one for choregus note or gymnasiarch note or feaster of the tribe note or for any other office. By what, then, will it be made clear whether they are nominating you or me? 39.8You will say it is I; I shall say it is you. note Well, suppose that after this the Archon summons us, or any other magistrate, before whom the case is called. We do not obey the summons; we do not undertake the service. Which of us is liable to the penalties provided by law? And in what manner will the generals enter our names, if they are listing names for a tax-company? or if they are appointing a trierarch? Or, if there be a military expedition, how will it be made clear which of us is on the muster-roll? 39.9Or again, if any other magistrate, the Archon, the King-Archon, the Stewards of the Games, makes an appointment for some public service, what sign will there be to indicate which one of us they are appointing? Are they in heaven's name to add the designation “son of Plangon,'' if they are entering your name, or add the name of my mother if they are entering mine? But who ever heard of such a thing? or by what law could this special designation be appended, or anything else, accept the name of the father and the deme? And seeing that both of these are the same great confusion must result. 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.
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 39.1 | Dem. 39.7 (Greek) | >>Dem. 39.16 |
