Delphi Complete Works of Demosthenes, page 507
[34] You unconscionable Boeotus, do, pray, give up your present ways; but, if indeed you are unwilling to, do, in Heaven’s name, accept advice in this at least; cease to make trouble for yourself, and cease bringing malicious and baseless charges against me; and be content that you have gained citizenship, an estate, a father. No one is trying to dispossess you of these things; certainly not I. Nay, if, as you claim to be a brother, you also act as a brother, people will believe that you are of our blood; but if you go on plotting against me, suing me, evincing malice toward me, slandering me, you will be thought to have intruded yourself into what belonged to others, and then to be treating it as though it were not rightly yours.
[35] ἐπεὶ ἔγωγ᾽ οὐδ᾽ εἰ τὰ μάλισθ᾽ ὁ πατὴρ ὄντα σ᾽ ἑαυτοῦ μὴ ἐποιεῖτ᾽ ἀδικῶ. οὐ γὰρ ἐμοὶ προσῆκεν εἰδέναι, τίνες εἰσὶν υἱεῖς ἐκείνου, ἀλλ᾽ ἐκείνῳ δεῖξαι, τίν᾽ ἐμοὶ νομιστέον ἔστ᾽ ἀδελφόν. ὃν μὲν τοίνυν οὐκ ἐποιεῖτό σε χρόνον, οὐδ᾽ ἐγὼ προσήκονθ᾽ ἡγούμην, ἐπειδὴ δ᾽ ἐποιήσατο, κἀγὼ νομίζω. τί τούτου σημεῖον; τῶν πατρῴων ἔχεις τὸ μέρος μετὰ τὴν τοῦ πατρὸς τελευτήν: ἱερῶν, ὁσίων μετέχεις: ἀπάγει σ᾽ οὐδεὶς ἀπὸ τούτων. τί βούλει; ἂν δὲ φῇ δεινὰ πάσχειν καὶ κλάῃ καὶ ὀδύρηται καὶ κατηγορῇ ἐμοῦ, ἃ μὲν ἂν λέγῃ, μὴ πιστεύετε （οὐ γὰρ δίκαιον μὴ περὶ τούτων ὄντος τοῦ λόγου νυνί）, ἐκεῖνο δ᾽ ὑπολαμβάνετε, ὅτι οὐδὲν ἔστ᾽ αὐτῷ ἧττον δίκην λαμβάνειν Βοιωτῷ κληθέντι.
[35] I certainly am doing you no wrong, even if it were never so true that my father refused to recognize you, though you were really his son. It was not my part to know who were his sons, but it was his to show me whom I must regard as a brother. Therefore, during the time in which he refused to recognize you, I also counted you as no relative; but ever since he, adopted you, I too regard you as a kinsman. What is the proof of this? You possess your portion of my father’s estate after his death; you share in the religious rites, and civic privileges. No one seeks to exclude you from these. What is it that you would have? But if he says that he is being outrageously treated, if he weeps and wails, and makes charges against me, do not believe what he says. It is not right that you should, since our argument is not now about these matters. But take this attitude — that he can just as well get satisfaction under the name of Boeotus.
[36] τί οὖν φιλονικεῖς; μηδαμῶς: μὴ ἔχ᾽ οὕτω πρὸς ἡμᾶς ἐθελέχθρως: οὐδὲ γὰρ ἐγὼ πρὸς σέ, ἐπεὶ καὶ νῦν, ἵνα μηδὲ τοῦτο λάθῃ σε, ὑπὲρ σοῦ λέγω μᾶλλον, ἀξιῶν μὴ ταὐτὸν ἔχειν ὄνομ᾽ ἡμᾶς. εἰ γὰρ μηδὲν ἄλλο, ἀνάγκη τὸν ἀκούσαντ᾽ ἐρέσθαι πότερος, δύ᾽ ἂν ὦσιν Μαντίθεοι Μαντίου. οὐκοῦν, ὃν ἠναγκάσθη ποιήσασθαι, σὲ ἂν λέγῃ, ἐρεῖ. τί οὖν ἐπιθυμεῖς τούτων; ἀνάγνωθι δέ μοι λαβὼν δύο ταυτασὶ μαρτυρίας, ὡς ἐμοὶ Μαντίθεον καὶ τούτῳ Βοιωτὸν ὁ πατὴρ ὄνομ᾽ ἔθετο.”Μαρτυρίαι”
[36] Why are you, then, so fond of wrangling? Desist, I beg you; do not be so ready to cherish enmity against me. I am not so minded toward you. For even now — lest the fact escape your notice — I am speaking rather in your interest than in my own, in insisting that we should not have the same name. If there were no other reason, at least anyone hearing it must ask which of us is meant if there are two Mantitheuses, sons of Mantias. Then he will say, “The one whom he was compelled to adopt,” if he means you. How can you desire this? Now take, please, and read these two depositions, proving that my father gave me the name Mantitheus, and him the name Boeotus.” Depositions”
[37] λοιπὸν ἡγοῦμαι τοῦθ᾽ ὑμῖν ἐπιδεῖξαι, ὦ ἄνδρες Ἀθηναῖοι, ὡς οὐ μόνον εὐορκήσετε, ἂν ἁγὼ λέγω ψηφίσησθε, ἀλλὰ καὶ ὡς οὗτος αὐτὸς αὑτοῦ κατέγνω Βοιωτόν, ἀλλ᾽ οὐ Μαντίθεον ὄνομα δικαίως ἂν ἔχειν. λαχόντος γὰρ ἐμοῦ τὴν δίκην ταύτην Βοιωτῷ Μαντίου Θορικίῳ, ἐξ ἀρχῆς τ᾽ ἠντεδίκει καὶ ὑπώμνυθ᾽ ὡς ὢν Βοιωτός, καὶ τὸ τελευταῖον, ἐπεὶ οὐκέτ᾽ ἐνῆν αὐτῷ διακρούσασθαι, ἐρήμην ἐάσας καταδιαιτῆσαι, σκέψασθε πρὸς θεῶν τί ἐποίησεν:
[37] It remains, I think, to show you, men of Athens, that not only will you be fulfilling your oaths, if you give the verdict for which I ask, but also that the defendant has given judgement against himself, that he should rightly bear the name of Boeotus, and not Mantitheus. For when I had entered this suit against Boeotus, son of Mantias, of Thoricus, at the first he accepted service of the suit, and put in an oath for delay, as being Boeotus; but finally, when there was no longer room for evasion, he allowed the arbitrators to give judgement against him by default, and then, in Heaven’s name, see what he did —
[38] ἀντιλαγχάνει μοι τὴν μὴ οὖσαν Βοιωτὸν αὑτὸν προσαγορεύσας. καίτοι ἐξ ἀρχῆς τ᾽ ἔδει ἐᾶν αὐτὸν τελέσασθαι τὴν δίκην κατὰ Βοιωτοῦ, εἴπερ μηδὲν προσῆκεν αὐτῷ τοὐνόματος, ὕστερόν τε μὴ αὐτὸν φαίνεσθαι ἐπὶ τῷ ὀνόματι τούτῳ ἀντιλαγχάνοντα τὴν μὴ οὖσαν. ὃς οὖν αὐτὸς αὑτοῦ κατέγνω δικαίως ἂν εἶναι Βοιωτός, τί ὑμᾶς ἀξιώσει τοὺς ὀμωμοκότας ψηφίζεσθαι; ὡς δὲ ταῦτ᾽ ἀληθῆ λέγω, λαβέ μοι τὴν ἀντίληξιν καὶ τὸ ἔγκλημα τουτί.”Ἀντίληξις”“Ἔγκλημα”
[38] he got this judgement for non-appearance set aside, entitling himself Boeotus. And yet he ought in the first place to have allowed me to get my suit finished as against Boeotus, if that name did not, in fact, pertain to him at all, and not subsequently be found getting the judgement for non-appearance set aside under this name. When, a man has thus given judgement against himself that he is properly Boeotus, what verdict can he demand that you sworn jurors shall give? To prove that I am speaking the truth in this, take the decision setting aside the judgement for non-appearance and this complaint.” Decision ““ Complaint”
[39] εἰ μὲν τοίνυν οὗτος ἔχει δεῖξαι νόμον ὃς ποιεῖ κυρίους εἶναι τοὺς παῖδας τοῦ ἑαυτῶν ὀνόματος, ἃ λέγει νῦν οὗτος ὀρθῶς ἂν ψηφίζοισθε. εἰ δ᾽ ὁ μὲν νόμος, ὃν πάντες ἐπίστασθ᾽ ὁμοίως ἐμοί, τοὺς γονέας ποιεῖ κυρίους οὐ μόνον θέσθαι τοὔνομ᾽ ἐξ ἀρχῆς, ἀλλὰ κἂν πάλιν ἐξαλεῖψαι βούλωνται καὶ ἀποκηρῦξαι, ἐπέδειξα δ᾽ ἐγὼ τὸν πατέρα, ὃς κύριος ἦν ἐκ τοῦ νόμου, τούτῳ μὲν Βοιωτόν, ἐμοὶ δὲ Μαντίθεον θέμενον, πῶς ὑμῖν ἔστιν ἄλλο τι πλὴν ἁγὼ λέγω ψηφίσασθαι;
[39] If, now, my opponent can point out a law which gives children the right to choose their own names, you would rightly give the verdict for which he asks. But if the law, which you all know as well as I, gives parents the right not only to give the name in the first place, but also to cancel it and renounce it by public declaration, if they please; and if I have shown that my father, who had this authority under the law, gave to the defendant the name Boeotus, and to me the name Mantitheus, how can you render any other verdict than that for which I ask?
[40] ἀλλὰ μὴν ὧν γ᾽ ἂν μὴ ὦσι νόμοι, γνώμῃ τῇ δικαιοτάτῃ δικάσειν ὀμωμόκατε, ὥστ᾽ εἰ μηδεὶς ἦν περὶ τούτων κείμενος νόμος, κἂν οὕτω δικαίως πρὸς ἐμοῦ τὴν ψῆφον ἔθεσθε. τίς γάρ ἐστιν ὑμῶν ὅστις ταὐτὸν ὄνομα τοῖς αὑτοῦ παισὶν τέθειται δυοῖν; τίς δ᾽, ᾧ μήπω παῖδες εἰσί, θήσεται;
[40] Nay, more, in cases which are not covered by the laws, you have sworn that you will decide as in your judgement is most just, so that even if there were no law concerning these matters, you would have been bound to cast your votes in my favor. For who is there among you who has given the same name to two of his children? Who, that is as yet childless, will do so?
[41] οὐδεὶς δήπου. οὐκοῦν ὃ δίκαιον τῇ γνώμῃ τοῖς ὑμετέροις αὐτῶν παισὶν ὑπειλήφατε, τοῦτο καὶ περὶ ἡμῶν εὐσεβὲς γνῶναι. ὥστε καὶ κατὰ τὴν δικαιοτάτην γνώμην καὶ κατὰ τοὺς νόμους καὶ κατὰ τοὺς ὅρκους καὶ κατὰ τὴν τούτου προσομολογίαν ἐγὼ μὲν μέτρι᾽ ὑμῶν, ὦ ἄνδρες Ἀθηναῖοι, δέομαι καὶ δίκαι᾽ ἀξιῶ, οὗτος δ᾽ οὐ μόνον οὐ μέτρια, ἀλλ᾽ οὐδ᾽ εἰωθότα γίγνεσθαι.
[41] No one, assuredly. Well then, what in your minds you have decided to be right for your own children, it is your sacred duty to decide also in our case. Therefore on the basis of what you deem most just, on the basis of the laws, your oaths, and the admissions this man has made, my request of you, men of Athens, is reasonable, and my claims just; while my opponent asks what is not only unreasonable, but contrary to established usage.
πρὸς Βοιωτὸν περὶ Προικὸς Μητρῴας. — AGAINST BOEOTUS 2
[1] πάντων ἐστὶν ἀνιαρότατον, ὦ ἄνδρες δικασταί, ὅταν τις ὀνόματι μὲν ἀδελφὸς προσαγορευθῇ τινῶν, τῷ δ᾽ ἔργῳ ἐχθροὺς ἔχῃ τούτους, καὶ ἀναγκάζηται πολλὰ καὶ δεινὰ παθὼν ὑπ᾽ αὐτῶν εἰσιέναι εἰς δικαστήριον, ὃ νῦν ἐμοὶ συμβέβηκεν.
[1] Nothing is more painful, men of the jury, than when a man is addressed by name as “brother” of certain persons, whom in fact he regards as enemies, and when he is compelled, on account of the many cruel wrongs which he has suffered at their hands, to come into court; as is my case now.
[2] οὐ γὰρ μόνον ἀτύχημά μοι ἐξ ἀρχῆς ἐγένετο, διότι Πλαγγὼν ἡ τούτων μήτηρ ἐξαπατήσασα τὸν πατέρα μου καὶ ἐπιορκήσασα φανερῶς, ἠνάγκασεν αὐτὸν ὑπομεῖναι τούτους ποιήσασθαι, καὶ διὰ τοῦτο τὰ δύο μέρη τῶν πατρῴων ἀπεστερήθην: ἀλλὰ πρὸς τούτοις ἐξελήλαμαι μὲν ἐκ τῆς πατρῴας οἰκίας ὑπὸ τούτων, ἐν ᾗ καὶ ἐγενόμην καὶ ἐτράφην, καὶ εἰς ἣν οὐχ ὁ πατὴρ αὐτοὺς ἀλλ᾽ ἐγὼ τελευτήσαντος ἐκείνου παρεδεξάμην,
[2] For instance, I have not only had the misfortune in the beginning that Plangon, the mother of these men, by deceit and manifest perjury, compelled my father to bring himself to acknowledge them, and that consequently I was robbed of two-thirds of my inheritance; but, in addition to this, I have been driven by these men out of the house of my fathers, in which I was born and brought up, and into which they were admitted, not by my father, but by myself after his death;
[3] ἀποστεροῦμαι δὲ τὴν προῖκα τῆς ἐμαυτοῦ μητρός, περὶ ἧς νυνὶ δικάζομαι, αὐτὸς μὲν τούτοις δίκας ὑπὲρ ὧν ἐνεκάλουν μοι πάντων δεδωκώς, πλὴν εἴ τινα νῦν ἕνεκα τῆς δίκης ταύτης ἀντειλήχασίν μοι συκοφαντοῦντες, ὡς καὶ ὑμῖν ἔσται καταφανές, παρὰ δὲ τούτων ἐν ἕνδεκα ἔτεσιν οὐ δυνάμενος τυχεῖν τῶν μετρίων, ἀλλὰ νῦν εἰς ὑμᾶς βοηθοὺς καταπεφευγώς.
[3] and I am being robbed of my mother’s dowry, for which I am now bringing suit, although I have myself given them satisfaction in all the matters in which they made claims upon me, except some trifling cross-demands which they have maliciously brought against me on account of this action, as will be perfectly clear to you also; yet in the course of eleven years I have been unable to obtain from them a reasonable settlement, and so at length I have had recourse to you for help.
[4] δέομαι οὖν ἁπάντων ὑμῶν, ὦ ἄνδρες δικασταί, μετ᾽ εὐνοίας τέ μου ἀκοῦσαι οὕτως ὅπως ἂν δύνωμαι λέγοντος, κἂν ὑμῖν δοκῶ δεινὰ πεπονθέναι, συγγνώμην ἔχειν μοι ζητοῦντι κομίσασθαι τἀμαυτοῦ, ἄλλως τε καὶ εἰς θυγατρὸς ἔκδοσιν: συνέβη γάρ μοι δεηθέντος τοῦ πατρὸς ὀκτωκαιδεκέτη γῆμαι, καὶ διὰ τοῦτο εἶναί μοι θυγατέρα ἤδη ἐπίγαμον.
[4] I beg you all, men of the jury, to listen to me with goodwill, while I speak as best I can; and if I seem to you to have suffered cruel wrongs, to pardon me for seeking to recover what is my own, especially as it is for a marriage-portion for my daughter. For it so happened that I married at my father’s request when I was only eighteen, and that I have a daughter who is already of marriageable age.
[5] ὥστ᾽ ἐμοὶ μὲν δικαίως ἂν ἀδικουμένῳ διὰ πολλὰ βοηθήσαιτε, τούτοις δὲ εἰκότως ἂν ὀργίζοισθε: οἵτινες, ὦ γῆ καὶ θεοί, ἐξὸν αὐτοῖς τὰ δίκαια ποιήσασι μὴ εἰσιέναι εἰς δικαστήριον, οὐκ αἰσχύνονται μὲν ἀναμιμνῄσκοντες ὑμᾶς εἴ τι ἢ ὁ πατὴρ ἡμῶν μὴ ὀρθῶς διεπράξατο ἢ οὗτοι εἰς ἐκεῖνον ἥμαρτον, ἀναγκάζουσι δ᾽ ἐμὲ δικάζεσθαι αὑτοῖς. ἵνα δὲ ἀκριβῶς εἰδῆτε, ὡς οὐκ ἐγὼ τούτου αἴτιός εἰμι ἀλλ᾽ οὗτοι, ἐξ ἀρχῆς ὑμῖν, ὡς ἂν ἐν βραχυτάτοις δύνωμαι, διηγήσομαι τὰ πραχθέντα.
[5] It is, therefore, just on many accounts that you should aid me who am being wronged, and fitting that you should feel indignation against the men, who — O Earth and the Gods — when they need not have come into court at all had they done what is fair, are not ashamed to remind you of any improper acts of my father, or of wrongs which they committed against him, but even force me to go to law with them. To make you understand clearly that it is they, not I, who are to blame for this, I will set forth to you the facts of the case from the beginning with the utmost possible brevity.
[6] ἡ γὰρ μήτηρ ἡ ἐμή, ὦ ἄνδρες δικασταί, θυγάτηρ μὲν ἦν Πολυαράτου Χολαργέως, ἀδελφὴ δὲ Μενεξένου καὶ Βαθύλλου καὶ Περιάνδρου. ἐκδόντος δὲ αὐτὴν τοῦ πατρὸς Κλεομέδοντι τῷ Κλέωνος υἱεῖ, καὶ προῖκα τάλαντον ἐπιδόντος, τὸ μὲν πρῶτον τούτῳ συνῴκει: γενομένων δ᾽ αὐτῇ τριῶν μὲν θυγατέρων, υἱοῦ δ᾽ ἑνὸς Κλέωνος, καὶ μετὰ ταῦτα τοῦ ἀνδρὸς αὐτῇ τελευτήσαντος, ἀπολιποῦσα τὸν οἶκον καὶ κομισαμένη τὴν προῖκα,
[6] My mother, men of the jury, was the daughter of Polyaratus, of Cholargus, and sister of Menexenus, and Bathyllus and Periander. Her father gave her in marriage to Cleomedon, son of Cleon, adding a talent as her marriage-portion; and at the first she dwelt with him as his wife, and bore him three daughters and one son, Cleon. After this her husband died, and she left his family, receiving back her marriage-portion.
[7] πάλιν ἐκδόντων αὐτὴν τῶν ἀδελφῶν Μενεξένου καὶ Βαθύλλου （ὁ γὰρ Περίανδρος ἔτι παῖς ἦν） καὶ τὸ τάλαντον ἐπιδόντων, συνῴκησε τῷ ἐμῷ πατρί. καὶ γίγνομαι αὐτοῖς ἐγώ τε καὶ ἄλλος ἀδελφὸς νεώτερος ἐμοῦ, ὃς ἔτι παῖς ὢν ἐτελεύτησεν. ὡς δ᾽ ἀληθῆ λέγω, περὶ τούτων ὑμῖν πρῶτον τοὺς μάρτυρας παρέξομαι.”Μάρτυρες”
