Against Boeotus I

It was not from any love of litigation I protest by the gods, men of the jury, that I brought this suit against Boeotus, nor was I unaware that it will seem strange to many people that I should bring suit because somebody thought right to have the same name as myself; but it was necessary to have the matter decided in your court, in view of the consequences that must result if I do not get this matter righted.

If the defendant declared himself the son of another father and not of my own, I should naturally have seemed meddlesome in caring by what name he chose to call himself; but, as it is, he brought suit against my father, and having got up a gang of blackmailers[*](This strong phrase occurs also in Dem. 40.9.) to support him—Mnesicles, whom you all probably know, and that Menecles who secured the conviction of Ninus,[*](Ninus was a priestess who was put to death, as the scholiast on Dem. 19.281 tells us, for supplying love-potions to young men. The case seems to have been a notorious one, and reflected little credit on Menecles.) and others of the same sort—he went into court, alleging that he was my father’s son by the daughter of Pamphilus, and that he was being outrageously treated, and robbed of his civic rights.

My 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[*](This money was evidently to be paid to her for fulfilling her promise to refuse the oath.);—on these conditions, then, my father tendered her the oath.

But 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,[*](Admission to the clan was necessary, if full family rights were to be secured.) 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[*](The Apaturia was a family festival occurring in the month Pyanepsion (October-November), and was the time when children were regularly registered in the list of clan-members.) as Boeotus on the list of the clansmen, and the other as Pamphilus. But I had already been enrolled as Mantitheus.

My father’s death happened before the entries were made on the register of the demesmen,[*](Enrollment on the register of the deme marked the beginning of a young man’s political life. It took place when he reached the age of eighteen.) 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.

The Witnesses

You 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[*](Literally, to strive with one under the same yoke. Such metaphors were very common in Greek antiquity, when horses as well as oxen were driven under the same yoke.) 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.

To 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[*](The appointment of citizens to undertake the various liturgies (such as, e.g., the trierarchy) was made from the tax-groups chosen by the several tribes.), 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[*](Thoricus was a deme of the tribe Acamantis.) if they are nominating one for choregus[*](The choregus had for his duties the equipment and training of a chorus for the dramatic contests at one of the great festivals. For this purpose the tribe chose one of its richest members.) or gymnasiarch[*](The gymnasiarch was appointed by the tribe to maintain a team to represent it in the torch-races, which formed a feature of certain Athenian festivals.) or feaster of the tribe[*](This third form of public service entailed the duty of giving the annual dinner (in the Prytaneum (?)) to the members of the tribe.) or for any other office. By what, then, will it be made clear whether they are nominating you or me?

You will say it is I; I shall say it is you.[*](That is, each of them would seek to shift the burden of the required service, so that the other would have to bear it.) 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?

Or 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, except the name of the father and the deme? And seeing that both of these are the same great confusion must result.

Again, suppose Mantitheus, son of Mantias, of Thoricus should be summoned as judge,[*](The word krith/s does not signify a judge in a court of law, but apparently a judge in some festival contest.) 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,[*](In Athens the members of the senate (boulh/) of five hundred— fifty from each of the ten tribes—were chosen by lot.) that of Thesmothet,[*](The six minor archons bore this name; see note on Dem. 33.1) 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,[*](Every candidate had an identification tablet inscribed with his full name (that is, his given name, the name of his father, and the name of his deme), and this was placed in the urn for drawing.) 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.

The 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.

But suppose again (for we must examine every phase of the matter), one or the other of us persuades the other, in case he is chosen, to yield the office to him, and so obtains the appointment? What is this but one man drawing lots with two tablets? Shall it, then, be permitted us to do with impunity a thing for which the law appoints the penalty of death? Why, certainly, for we should not do it, you may say. I know that, at least so far as I am concerned; but it is not right that some persons should even be liable to this penalty, when they need not be.

Very well; but in these cases it is the state that is injured: what harm does it do me individually? Observe in what serious ways I am harmed, and consider if there be anything in what I say. Indeed the wrong done to me is far more grievous than what you have heard. You all know, for instance, that he was intimate with Menecles during his lifetime, and with his crowd, and that he now associates with others no better than Menecles, and that he has cherished the same ambitions, and desires to be thought a clever fellow[*](Possibly, an eloquent speaker.); and, by Zeus, I dare say he is.

Now, if, as time goes on, he undertakes to set on foot any of the same practices as these men (these are indictments, presentments for contraband, informations, arrests) and on the basis of one of these he is condemned to pay a fine to the state (for there are many vicissitudes in mortal affairs, and you know well how to keep in due bounds even the most clever people on any occasion when they overreach themselves), why will his name be entered on the record any more than mine?

Because, it may be said, everybody will know which of us two was fined. Very good; but suppose (what might very well happen) that time passes and the debt is not paid; why is there any greater likelihood that the defendant’s children will be entered on the list of state debtors any more than my own when the name of the father and the tribe, and all else are identical? Suppose, now, somebody should bring a suit for ejectment against him, and should state that he had nothing to do with me, but, having had the writ registered, should enter the name, why will the name he has entered be that of my opponent any more than my own? What if he fails to pay any of the property-taxes?

What if the name be involved in the filing of any other suit, or, in general, in any unpleasant scandal? Who, among people at large, will know which of the two it is, when there are two Mantitheuses having the same father? Suppose, again, that he should be prosecuted for evasion of military service, and should be serving as chorister when he ought to be abroad with the army—as, a while ago, when the rest went over to Tamynae,[*](A town in Euboea.) he was left behind here keeping the feast of Pitchers,[*](This name was given to the second day of the festival Anthesteria, held in February-March.) and remained here and served in the chorus at the Dionysia,[*](Service in the chorus at the Dionysiac festival would entitle the individual to exemption from the military for the time being—an easy way out for the slacker.) as all of you who were at home saw;

then, after the soldiers had come back from Euboea, he was summoned on a charge of desertion, and I, as taxiarch of our tribe,[*](The taxiarchs were military officers, each in command of his tribe’s contingent of hoplites.) was compelled to receive the summons, since it was against my name, that of my father being added; and if pay had been available for the juries,[*](Evidently shortage of funds might prevent the courts from sitting; and the Euboean campaign had depleted the treasury.) I should certainly have had to bring the case into court. If this had not occurred after the boxes[*](The e)xi=noi were receptacles in which the documents, etc., pertaining to the case were put under seal, to be opened only when the case was called. See note on Dem. 34.46) had already been sealed, I should have brought you witnesses to prove it.

Well then; suppose he were summoned on the charge of being an alien. And he does make himself obnoxious to many, and the way in which my father was compelled to adopt him is no secret. You, on your part, while my father was refusing to acknowledge him, believed that his mother was telling the truth; but when, with his parentage thus established, he makes himself odious, you will some day on the contrary conclude that my father’s story was true. Again, what if my opponent, in the expectation of being convicted of perjury for the services[*](The service at which the speaker hints is presumably the bearing of false testimony.) which he freely grants his associates, should allow the suit to go by default? Do you think it would be a slight injury that I should be my whole life long a sharer of his reputation and his doings?

Pray observe that my fear regarding the things I have set forth to you is not a vain one. He has already, men of Athens, been defendant in certain suits, in which, although I have been wholly innocent, odium has attached to my name as well as his; and he has laid claim to the office to which you had elected me; and many unpleasant things have happened to me because of the name; regarding each one of which I will produce witnesses to inform you fully.

The Witnesses

You see, men of Athens, what keeps happening and the annoyance resulting from the matter. But even if there were no annoying results, and if it were not absolutely impossible for us both to have the same name, it surely is not fair for him to have his share of my property by virtue of the adoption which my father made under compulsion, and for me to be robbed of the name which that father gave me of his own free will and under constraint from no one. I, certainly, think it is not.

Now, to show you that my father not only made the entry in the list of the clansmen in the manner which has been testified to you, but that he gave me this name when he kept the tenth day after my birth,[*](The child was formally named at a ceremony held on the tenth day after birth, and attended by members of the family and close friends.) please take this deposition.

The Deposition