| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 40.33 | Dem. 40.43 (Greek) | >>Dem. 40.55 |
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.
40.44Here 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.Depostition
Challenge
40.45This 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. 40.46For 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, note 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. 40.47If 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. 40.48And, 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 note 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. 40.49But 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.
40.50I fancy, men of the jury, that, when he is at a loss for anything else to say, he will undertake to speak evil of me, and will try to bring me into disrepute, rehearsing at length how I was reared and educated and married in my father's house, while he had no share in any of these advantages. But I bid you bear in mind that my mother died leaving me a child, so that the interest of her marriage-portion was sufficient to rear and educate me;
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 40.33 | Dem. 40.43 (Greek) | >>Dem. 40.55 |
