Delphi complete works of.., p.572
Delphi Complete Works of Demosthenes, page 572
[4] ᾤμην μὲν οὖν ἔγωγ᾽, ὦ ἄνδρες δικασταί, προσήκειν Εὐβουλίδῃ, καὶ πᾶσιν δ᾽ ὅσοι νῦν ἐπὶ ταῖς ἀποψηφίσεσιν κατηγοροῦσιν, ὅσ᾽ ἴσασιν ἀκριβῶς λέγειν καὶ μηδεμίαν προσάγειν ἀκοὴν πρὸς τὸν τοιοῦτον ἀγῶνα. οὕτω γὰρ τοῦτ᾽ ἄδικον καὶ σφόδρα πάλαι κέκριται, ὥστ᾽ οὐδὲ μαρτυρεῖν ἀκοὴν ἐῶσιν οἱ νόμοι, οὐδ᾽ ἐπὶ τοῖς πάνυ φαύλοις ἐγκλήμασιν, εἰκότως: ὅπου γὰρ εἰδέναι τινὲς ἤδη φήσαντες ψευδεῖς ἐφάνησαν, πῶς ἅ γε μηδ᾽ αὐτὸς οἶδεν ὁ λέγων, προσήκει πιστεύεσθαι;
[4] I should have thought, men of the jury, that it was fitting for Eubulides, and for all those who are now making accusations in cases of disfranchisement, to state only things of which they have accurate knowledge and to bring forward no hearsay evidence in a trial of this sort. Such a procedure has from time immemorial been recognized as so clearly unjust that the laws do not admit the production of hearsay testimony even in the case of the most trifling charges; and with good reason; for when persons who claim to have sure knowledge have ere now been convicted of falsehood, how can it be right to give credence in matters regarding which even the speaker himself has no knowledge?
[5] ἀλλὰ μὴν ὅπου γε μηδ᾽ ὑπεύθυνον καθιστάνθ᾽ ἑαυτὸν ἔξεστιν, δι᾽ ὧν ἂν ἀκοῦσαι τις φῇ, βλάπτειν μηδένα, πῶς ἀνυπευθύνῳ γε λέγοντι προσήκει πιστεύειν ὑμᾶς; ἐπειδὴ τοίνυν οὗτος εἰδὼς τοὺς νόμους καὶ μᾶλλον ἢ προσῆκεν, ἀδίκως καὶ πλεονεκτικῶς τὴν κατηγο- ρίαν πεποίηται, ἀναγκαῖον ἐμοὶ περὶ ὧν ἐν τοῖς δημόταις ὑβρίσθην πρῶτον εἰπεῖν.
[5] And when it is not permitted a man, even when he makes himself responsible, to harm another by evidence which he declares he has heard, how can it be right for you to give credence to one who speaks without responsibility? Since,then, this fellow, who knows the laws, and knows them all too well, has made his charges with injustice and with a view to selfish advantage, I must first tell you of the outrageous treatment which I received among my fellow-demesmen.
[6] ἀξιῶ δ᾽, ὦ ἄνδρες Ἀθηναῖοι, μηδέπω τὴν τῶν δημοτῶν ἀποψήφισιν ποιεῖσθαι τεκμήριον ὑμᾶς, ὡς ἄρ᾽ οὐχὶ προσήκει μοι τῆς πόλεως. εἰ γὰρ πάντ᾽ ἐνομίζετε τὰ δίκαια δυνήσεσθαι τοὺς δημότας διακρῖναι, οὐκ ἂν ἐδώκατε τὴν εἰς ὑμᾶς ἔφεσιν: νῦν δὲ καὶ διὰ φιλονικίαν καὶ διὰ φθόνον καὶ δι᾽ ἔχθραν καὶ δι᾽ ἄλλας προφάσεις ἔσεσθαί τι τοιοῦτον ἡγούμενοι, τὴν εἰς ὑμᾶς τοῖς ἀδικηθεῖσιν ἐποιήσατε καταφυγήν, δι᾽ ἣν καλῶς ποιοῦντες, ὦ ἄνδρες Ἀθηναῖοι, τοὺς ἠδικημένους ἅπαντας σεσῴκατε.
[6] I beg of you, men of Athens, not until I have been heard, to take my rejection by the demesmen as a proof that I am not entitled to citizenship, for if you thought that the demesmen would be able to decide all cases with perfect justice, you would not have allowed the appeal to yourselves. As it is, however, because you thought that something of this sort might occur through rivalry and malice and enmity or through some other pretexts, you made your court a place of refuge for those who have been wronged, and through this right action on your part, men of Athens, you have saved all those who have suffered wrong.
[7] πρῶτον μὲν οὖν ὃν τρόπον ἐν τοῖς δημόταις συνέβη τὴν διαψήφισιν γενέσθαι, φράσω πρὸς ὑμᾶς: τὸ γὰρ εἰς αὐτὸ τὸ πρᾶγμα πάντα λέγειν τοῦτ᾽ ἐγὼ ὑπολαμβάνω, ὅσα τις παρὰ τὸ ψήφισμα πέπονθεν ἀδίκως καταστασιασθείς, ἐπιδεῖξαι.
[7] First, then, I will explain to you how the purging of the list came to be made at the meeting of the demesmen; for I think it is relevant to the case before you if one shows all the wrongs that one has suffered contrary to your decree, when overwhelmed by political rivalry.
[8] Εὐβουλίδης γὰρ οὑτοσί, ὦ ἄνδρες Ἀθηναῖοι, ὡς ὑμῶν ἴσασι πολλοί, γραψάμενος ἀσεβείας τὴν ἀδελφὴν τὴν Λακεδαιμονίου τὸ πέμπτον μέρος τῶν ψήφων οὐ μετέλαβεν. ὅτι δὴ ἐν ἐκείνῳ τῷ ἀγῶνι τὰ δίκαια, τούτῳ δὲ τἀναντί᾽ ἐμαρτύρησα, διὰ ταύτην τὴν ἔχθραν ἐπιτίθεταί μοι. καὶ βουλεύων, ὦ ἄνδρες δικασταί, καὶ κύριος ὢν τοῦ θ᾽ ὅρκου καὶ τῶν γραμμάτων ἐξ ὧν ἀνεκάλει τοὺς δημότας, τί ποιεῖ;
[8] This man Eubulides, men of Athens, as many of you know, indicted the sister of Lacedaemonius for impiety, but did not receive a fifth part of the votes. It is because in that trial I gave testimony that was true but unfavorable to him that he hates me and makes me the object of his attacks. Being a member of the senate, men of the jury, with power to administer the oath and being custodian of the documents on the basis of which he convened the demesmen, what does he do?
[9] πρῶτον μέν, ἐπειδὴ συνελέγησαν οἱ δημόται, κατέτριψεν τὴν ἡμέραν δημηγορῶν καὶ ψηφίσματα γράφων. τοῦτο δ᾽ ἦν οὐκ ἀπὸ τοῦ αὐτομάτου, ἀλλ᾽ ἐπιβουλεύων ἐμοί, ὅπως ὡς ὀψιαίταθ᾽ ἡ διαψήφισις ἡ περὶ ἐμοῦ γένοιτο: καὶ διεπράξατο τοῦτο. καὶ τῶν μὲν δημοτῶν οἱ ὀμόσαντες ἐγενόμεθα τρεῖς καὶ ἑβδομήκοντα, ἠρξάμεθα δὲ τοῦ διαψηφίζεσθαι δείλης ὀψίας, ὥστε συνέβη, ἡνίκα τοὐμὸν ὄνομ᾽ ἐκαλεῖτο, σκότος εἶναι ἤδη:
[9] In the first place, after the demesmen had assembled, he wasted the whole day in making speeches and in drawing up resolutions. This was not done by accident, but was a part of his plot against me, in order that the vote regarding me might take place as late in the day as possible; and he accomplished this end. Those of us members of the deme who took the oath numbered seventy-three, and we began voting late in the evening, with the result that, when my name was called, it was already dark;
[10] καὶ γὰρ ἦν περὶ ἑξηκοστόν, καὶ ἐκλήθην ὕστα- τος ἁπάντων τῶν ἐν ἐκείνῃ τῇ ἡμέρᾳ κληθέντων, ἡνίχ᾽ οἱ μὲν πρεσβύτεροι τῶν δημοτῶν ἀπεληλύθεσαν εἰς τοὺς ἀγρούς: τοῦ γὰρ δήμου ἡμῖν, ὦ ἄνδρες δικασταί, πέντε καὶ τριάκοντα στάδια τοῦ ἄστεως ἀπέχοντος καὶ τῶν πλείστων ἐκεῖ οἰκούντων, ἀπεληλύθεσαν οἱ πολλοί: οἱ δὲ κατάλοιποι ἦσαν οὐ πλείους ἢ τριάκοντα. ἐν δὲ τούτοις ἦσαν ἅπαντες οἱ τούτῳ παρεσκευασμένοι.
[10] for my name was about the sixtieth, and I was the last of all those called on that day, when the older members of the deme had gone back to their farms. For since our deme is distant thirty-five stades from the city and most of the demesmen live there, the majority of them had gone home; those who remained were not more than thirty in number; among them, however, were all those suborned by Eubulides.
[11] ἐπειδὴ δ᾽ ἐκλήθη τοὐμὸν ὄνομα, ἀναπηδήσας οὗτος ἐβλασφήμει κατ᾽ ἐμοῦ ταχὺ καὶ πολλὰ καὶ μεγάλῃ τῇ φωνῇ, ὥσπερ καὶ νῦν, μάρτυρα μὲν ὧν κατηγόρησεν οὐδένα παρασχόμενος οὔτε τῶν δημοτῶν οὔτε τῶν ἄλλων πολιτῶν, παρεκελεύετο δὲ τοῖς δημόταις ἀποψηφίζεσθαι.
[11] When my name was called, the fellow jumped up and immediately began to vilify me, speaking at great length and with a loud voice, as he did just now. He produced no witnesses in support of his charges, either a member of the deme or one of the citizens at large, but urged the demesmen to pass a vote of expulsion.
[12] ἀξιοῦντος δέ μου ἀναβαλέσθαι εἰς τὴν ὑστεραίαν διά τε τὴν ὥραν καὶ τὸ μηδένα μοι παρεῖναι τό τε πρᾶγμ᾽ ἄφνω προσπεπτωκέναι, ἵνα τούτῳ τ᾽ ἐξουσία γένοιθ᾽ ὁπόσα βούλοιτο κατηγορῆσαι καὶ μάρτυρας εἴ τινας ἔχοι παρασχέσθαι, ἐμοί τ᾽ ἐκγένοιτ᾽ ἀπολογήσασθαι ἐν ἅπασι τοῖς δημόταις καὶ τοὺς οἰκείους μάρτυρας παρασχέσθαι: καὶ ὅ τι γνοίησαν περὶ ἐμοῦ, τούτοις ἤθελον ἐμμένειν:
[12] I demanded that the vote be put off until the following day on account of the lateness of the hour and because I had no one present to speak in my behalf, and because the thing had come upon me so suddenly, and also that Eubulides might have the opportunity of making any charges that he pleased, and of producing any witnesses he might have, while I on my part might be able to defend myself before all my fellow-demesmen and to produce my relatives as witnesses; and I agreed to abide by whatever decision they might reach concerning me.
[13] οὗτος ὧν μὲν ἐγὼ προὐκαλούμην οὐδὲν ἐφρόντισεν, τὴν δὲ ψῆφον εὐθὺς ἐδίδου τοῖς παροῦσι τῶν δημοτῶν, οὔτ᾽ ἀπολογίαν οὐδεμίαν ἐμοὶ δοὺς οὔτ᾽ ἔλεγχον οὐδέν᾽ ἀκριβῆ ποιήσας. οἱ δὲ τούτῳ συνεστῶτες ἀναπηδήσαντες ἐψηφίζοντο. καὶ ἦν μὲν σκότος, οἱ δὲ λαμβάνοντες δύο καὶ τρεῖς ψήφους ἕκαστος παρὰ τούτου ἐνέβαλλον εἰς τὸν καδίσκον. σημεῖον δέ: οἱ μὲν γὰρ ψηφισάμενοι οὐ πλείους ἢ τριάκοντ᾽ ἦσαν, αἱ δὲ ψῆφοι ἠριθμήθησαν πλείους ἢ ἑξήκοντα, ὥστε πάντας ἡμᾶς ἐκπλαγῆναι.
[13] The fellow, however, paid no heed at all to my proposals, but proceeded at once to give ballots to the members of the deme who were present, without allowing me to make any defence or himself giving any convincing proof of his charges. Those who were in league with him then jumped up and gave their votes. It was dark, and they received from him two or three ballots apiece, and put them in the box. Here is a proof of this. Those who voted were not more than thirty in number, but the ballots, when counted, were more than sixty; so that we were all astounded.
[14] καὶ ταῦθ᾽ ὡς ἀληθῆ λέγω, καὶ ὅτι οὔτ᾽ ἐδόθη ἡ ψῆφος ἐν ἅπασιν πλείους τ᾽ ἐγένοντο τῶν ψηφισαμένων, μάρτυρας ὑμῖν παρέξομαι. συμβαίνει δέ μοι περὶ τούτων τῶν μὲν φίλων ἢ τῶν ἄλλων Ἀθηναίων μηδένα μάρτυρα παρεῖναι διά τε τὴν ὥραν καὶ διὰ τὸ μηδένα παρακαλέσαι, αὐτοῖς δὲ τοῖς ἠδικηκόσιν με χρῆσθαι μάρτυσιν. ἃ οὖν οὐ δυνήσονται ἔξαρνοι γενέσθαι, ταῦτα γέγραφ᾽ αὐτοῖς. λέγε.”Μαρτυρία”
[14] To prove that I am stating the truth in this — that the ballots were not given out when all were present and that the ballots outnumbered those who voted — I will bring before you witnesses. It happens that I have at hand no friend of my own or any other Athenian to be my witness regarding these facts since the hour was so late and I had not asked anyone to be present, but I am forced to call as witnesses the very men who have wronged me. I have thereore put in writing for them statements which they will not be able to deny.
Read.” Deposition”
[15] εἰ μὲν τοίνυν, ὦ ἄνδρες δικασταί, συνέβαινεν τοῖς Ἁλιμουσίοις περὶ ἁπάντων τῶν δημοτῶν διαψηφίσασθαι ἐν ἐκείνῃ τῇ ἡμέρᾳ, εἰκὸς ἦν καὶ εἰς ὀψὲ ψηφίζεσθαι, ἵν᾽ ἀπηλλαγμένοι ἦσαν ποιήσαντες τὰ ὑμῖν ἐψηφισμένα. εἰ δὲ πλείους ἢ εἴκοσιν ὑπόλοιποι ἦσαν τῶν δημοτῶν, περὶ ὧν ἔδει τῇ ὑστεραίᾳ διαψηφίσασθαι, καὶ ὁμοίως ἦν ἀνάγκη συλλέγεσθαι τοὺς δημότας, τί ποτ᾽ ἦν τὸ δυσχερὲς Εὐβουλίδῃ ἀναβαλέσθαι εἰς τὴν ὑστεραίαν καὶ περὶ ἐμοῦ πρώτου τὴν ψῆφον διδόναι τοῖς δημόταις;
[15] Now, men of the jury, if the Halimusians had been deciding on that day the status of all the members of the deme, it would have been reasonable for them to continue voting until late, in order that they might have fulfilled the requirements of your decree before departing to their homes. But, seeing that there were more than twenty of the demesmen left regarding whom they had to vote on the following day, and that the members of the deme had in any case to be convened again, what difficulty was there for Eubulides to order an adjournment until the morrow, and then let the demesmen vote upon my case first?
[16] διότι, ὦ ἄνδρες δικασταί, οὐκ ἠγνόει Εὐβουλίδης ὅτι, εἰ λόγος ἀποδοθήσοιτο καὶ παραγένοιντό μοι πάντες οἱ δημόται καὶ ἡ ψῆφος δικαίως δοθείη, οὐδαμοῦ γενήσονται οἱ μετὰ τούτου συνεστηκότες. ὅθεν δ᾽ οὗτοι συνέστησαν, ταῦτα, ἐπειδὰν περὶ τοῦ γένους εἴπω, τότε, ἂν βούλησθ᾽ ἀκούειν, ἐρῶ.
[16] The reason was, men of the jury, that Eubulides knew very well that, if an opportunity of speaking should be granted me and if all the men of the deme should be present to support me and the ballots honestly given out, those who had leagued themselves with him would be nowhere!
How these people came to form their conspiracy against me I will tell you, if you wish to hear it, as soon as I shall have spoken about my parentage.
[17] νῦν δὲ τί δίκαιον νομίζω καὶ τί παρεσκεύασμαι ποιεῖν, ἄνδρες δικασταί; δεῖξαι πρὸς ὑμᾶς ἐμαυτὸν Ἀθηναῖον ὄντα καὶ τὰ πρὸς πατρὸς καὶ τὰ πρὸς μητρός, καὶ μάρτυρας τούτων, οὓς ὑμεῖς ἀληθεῖς φήσετ᾽ εἶναι, παρασχέσθαι, τὰς δὲ λοιδορίας καὶ τὰς αἰτίας ἀνελεῖν: ὑμᾶς δ᾽ ἀκούσαντας τούτων, ἐὰν μὲν ὑμῖν πολίτης ὢν κατεστασιάσθαι δοκῶ, σῴζειν, εἰ δὲ μή, πράττειν ὁποῖον ἄν τι ὑμῖν εὐσεβὲς εἶναι δοκῇ. ἄρξομαι δ᾽ ἐντεῦθεν.
[17] In the meantime what do I hold to be just, and what am I prepared to do, men of the jury? To show you that I am an Athenian on both my father’s and my mother’s side, and to produce to prove it witnesses whose veracity you will not question, and to break down the calumnies and the charges brought against me. It will rest with you, when you have heard my statements, if you conclude that I am a citizen and the victim of a conspiracy, to come to my rescue; but if you reach a different conclusion, to act in whatever way your regard for your oaths may bid you. I will begin with this proof.
[18] διαβεβλήκασι γάρ μου τὸν πατέρα, ὡς ἐξένιζεν: καὶ ὅτι μὲν ἁλοὺς ὑπὸ τῶν πολεμίων ὑπὸ τὸν Δεκελεικὸν πόλεμον καὶ πραθεὶς εἰς Λευκάδα, Κλεάνδρῳ περιτυχὼν τῷ ὑποκριτῇ πρὸς τοὺς οἰκείους ἐσώθη δεῦρο πολλοστῷ χρόνῳ, παρα- λελοίπασιν, ὥσπερ δὲ δέον ἡμᾶς δι᾽ ἐκείνας τὰς ἀτυχίας ἀπολέσθαι, τὸ ξενίζειν αὐτοῦ κατηγορήκασιν.
[18] They have maliciously asserted that my father spoke with a foreign accent. But that he was taken prisoner by the enemy in the course of the Decelean war and was sold into slavery and taken to Leucas, and that he there fell in with Cleander, the actor, and was brought back here to his kinsfolk after a long lapse of time — all this they have omitted to state; but just as though it were right that I should be brought to ruin on account of his misfortunes, they have made his foreign accent the basis of a charge against him.
