Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 40.28 Dem. 40.38 (Greek) >>Dem. 40.48

40.34This 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, note but when you had elected me taxiarch, he came in person to the court to pass the probationary test note; 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. 40.35And 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

40.36In addition to all this, on the charge that, when I was on military service and had collected mercenaries with Ameinias note(seeing that I was well-provided with funds from other sources, and had collected from Mytilene from your proxenus note Apollonides and the friends of our city three hundred Phocaic staters, note 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)— 40.37for 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, note 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

40.38I 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. note 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. 40.39If, however, he declares that he offered to turn over all matters at issue between us to Conon, note 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. 40.40For 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. 40.41For 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? 40.42It 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. 40.43He 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.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 40.28 Dem. 40.38 (Greek) >>Dem. 40.48

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