Against Eubulides

Since Eubulides has brought many false charges against me, and has uttered slanders which are neither becoming nor just, I shall try, men of the jury, to prove by a true and fair statement that I am entitled to citizenship, and that I have been unworthily treated by this fellow. I beg you all, men of the jury, and implore and beseech you, that in view of the great importance of the present trial and the shame and ruin which conviction entails, you will hear me, as you have heard my opponent, in silence; indeed that you will listen to me with greater goodwill, if possible, than you have listened to him (for it is reasonable to suppose that you are more favorably disposed to those who stand in peril), but, if this cannot be, at least with equal goodwill.

But it so happens, men of the jury, that, although I am of good cheer so far as you are concerned and my right to citizenship and have good hopes of coming through this trial well, yet the occasion alarms me and the temper shown by the state when it has to deal with cases of disfranchisement[*](It would appear that at the time when this speech was delivered there was much agitation in favor of a strict purge of the lists, and that the people had shown much passion in the procedure.); for while many have with justice been expelled from all the demes, we who have been the victims of political rivalry are involved in the prejudice felt toward them and have to combat the charge brought against them, and not merely defend each his own case; so that our alarm is necessarily great.

Nevertheless, despite these disadvantages, I shall at once tell you what I hold to be right and just about these very matters. In my opinion it is your duty to treat with severity those who are proved to be aliens, who without having either won your consent or asked for it, have by stealth and violence come to participate in your religious rites and your common privileges, but to bring help and deliverance to those who have met with misfortune and can prove that they are citizens; for you should consider how pitiful above all others would be the plight of us whose rights have been denied, if, when we might properly sit with you as those exacting the penalty, we should be numbered with those who pay it, and should unjustly be condemned along with them because of the passion which the subject arouses.

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?

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.

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.

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.

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.[*](See note a on Dem. 27.67) 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?

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;

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[*](About four miles.) 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.