Against Eubulides

Protomachus was a poor man, but becoming entitled to inherit a large estate by marrying an heiress,[*](A woman could not inherit property but herself passed with the estate to the nearest male heir. He was then entitled, and obliged, to marry her or to give her in marriage. If he chose the former alternative and was alread married, he necessarily divorced his wife or gave her in marriage to another.) and wishing to give my mother in marriage, he persuaded my father Thucritus, an acquaintance of his, to take her, and my father received my mother in marriage at the hands of her brother Timocrates of Melitê, in the presence of both his own uncles and other witnesses; and of these as many as are still living shall give testimony before you.

Some time after this, when by now two children had been born to her, she was compelled at a time when my father was absent on military service with Thrasybulus and she herself was in hard straits, to take Cleinias, the son of Cleidicus, to nurse. This act of hers was, Heaven knows, none too fortunate with reference to the danger which has now come upon me (for it was from this nursing that all the slander about us has arisen); but in view of the poverty with which she had to cope she did what was perhaps both necessary and fitting.

Now it is plain, men of Athens, that it was not my father who first received my mother in marriage. No; it was Protomachus,and he had by her a son, and a daughter whom he gave in marriage. And he, even though dead, bears testimony by what he did that my mother was an Athenian and of civic birth.

To prove that these statements of mine are true, (to the clerk) call first, please, the sons of Protomachus, and next the witnesses who were present when my mother was betrothed to my father, and from the members of the clan the kinsfolk to whom my father gave the marriage-feast in honor of my mother. After them call Eunicus of Cholargus,[*](Cholargus, a deme of the tribe Acamantis.) who received my sister in marriage from Protomachus, and then my sister’s son. Call them.

The Witnesses

Would not my lot, men of Athens, be more piteous than that of any other, if, when all this host of witnesses deposes and swears that they are of my kin, and when no one disputes the citizenship of any one of these, you should vote that I am an alien?

(To the clerk.) Take, please, also the deposition of Cleinias and that of his relatives; for they, I presume, know who my mother was who once served as his nurse. Their oath requires them to bear witness, not to what I say today, but to what they have always known regarding her who was reputed to be my mother and the nurse of Cleinias.

For even if a nurse is a lowly thing, I do not shun the truth. For it is not our being poor that would mark us as wrong-doers, but our not being citizens; and the present trial has to do, not with our fortune or our money, but with our descent. Many are the servile acts which free men are compelled by poverty to perform, and for these they should be pitied, men of Athens, rather than be brought also to utter ruin. For, as I am informed, many women have become nurses and laborers at the loom or in the vineyards owing to the misfortunes of the city in those days, women of civic birth, too; and many who were poor then are now rich. However, I shall speak of these matters by and by.

(To the clerk.) For the moment, please call the witnesses.

The Witnesses

Well then, that I am a citizen on both my mother’s and my father’s side you have all learned, partly from the testimony which has just been given and partly from that previously given regarding my father. It remains for me to speak to you about myself—and my statement is, I think, the simplest and the most reasonable—, that, since I am of civic birth on the side of both parents and have shared by inheritance both the property and the family, I am a citizen. Nevertheless I will produce witnesses to establish also all the circumstances which befit a citizen—that I was inducted into the clan, that I was enrolled on the register of the demesmen, that by these men themselves I was nominated among the noblest-born to draw lots for the priesthood of Heracles, and that I passed the scrutiny and held offices.

(To the clerk.) Call them, please.

The Witnesses

Is it not an outrage, men of the jury, that, whereas, if I had been chosen by lot as priest, even as I had been nominated, it would have been my duty to offer sacrifice on behalf of these people, and Eubulides would have had to join in the sacrifice with me,—is it not an outrage, I ask, that these same people should not allow me even to share in the sacrifices with them? It is plain, then, men of Athens, that in all previous time I have been acknowledged as a citizen by all those who now accuse me;

for surely Eubulides would never have suffered the foreigner or resident alien, as he now calls me, either to hold offices or to draw lots with himself as a nominee for the priesthood; for he too was one of the nominees who drew lots. Nor, men of Athens, seeing that he is an old enemy of mine, would he have waited for the present opportunity, which no one could foresee, if he had known any such facts regarding me. But he did not know them.

So, then, although he continued throughout all the past to act as a member of the deme and to draw lots for offices together with me without seeing any of these objections, yet, when the whole city was roused to sharp indignation against those who had recklessly forced their way into the demes, then, and not till then, he laid his plots. The earlier time would have suited one who was convinced of the truth of his charges; but the present suits an enemy and one who will stoop to malicious pettifoggery.

For my own part, men of the jury (and I beg you by Zeus and the gods, let no one make an outcry or be vexed at what I am going to say), I hold myself to be an Athenian on the same grounds on which each one of you holds himself to be one, having from the first regarded as my mother her whom I represent as such to you, and not pretending to be hers while really belonging to another; and in regard to my father the case is the same.

Yet, if in the case of those who are proved to have hidden their real parentage and laid claim to a false one, you rightly hold this to be a proof that they are aliens, surely in my case the opposite should prove that I am a citizen. For in claiming the rights of citizenship I should never have inscribed myself as the son of parents who were both foreigners, but, if I had known any such thing, I should have sought out persons to claim as my parents. But I knew nothing of the sort, and so, holding fast to those who are my real parents, I claim Athenian citizenship.

Again, I was left an orphan; and yet they say that I am rich and that some of the witnesses testify that they are my relatives because they receive help from me. They taunt me with my poverty and make my birth a reproach, but at the same time they assert that I am rich enough to buy anything.

In which statement, then, is one to believe them? It surely would have been their right, if I had been illegitimate or an alien, to inherit all my property. Do they prefer, then, to take a little and jeopardize themselves by giving false testimony and to commit perjury, rather than to take everything, and that with safety, without having invoked a curse upon their own heads? This is not the case. No; in my opinion, seeing that they are my relatives, they are but doing what is right in aiding one of themselves.

And they are not doing this at this time because I have induced them to do so; on the contrary, when I was a child they at once took me to the clansmen, they took me to the temple of Apollo our ancestral god, and to the other sacred places. And yet I presume that as a child I did not induce these men to do this by giving them money. No; my father himself, while he still lived, swore the customary oath and introduced me to the clansmen, knowing that I was an Athenian, born of an Athenian mother, lawfully betrothed to himself; and these facts have been established by testimony.

Am I, then, an alien? Where have I paid the resident alien’s tax?[*](Aliens resident in Athens paid a tax of 12 drachmae annually.) Or what member of my family has ever paid it? Have I ever gone to the members of another deme and, because I could not induce them to accept me, got myself registered in this one? Have I done any of the things which all those who are not genuine citizens are proved to have done? Certainly not. No; in a word I manifestly have lived as a member of the deme among the same people among whom my father’s grandfather, my own grandfather, and my father himself lived. And now, how could anyone prove to you more convincingly than I have done that he is entitled to the rights of citizenship?

Let each one of you consider, men of Athens, in what other way he could prove that people are his kinsmen than in the way in which I have proved it—by having them give testimony under oath and showing that they have always been my kinsmen from the beginning.

It is for these reasons that I have confidence in my case and have come to you for protection. For I see, men of Athens, that the decisions of your courts are more valid not only than those of the Halimusians who have expelled me, but more valid even than those of the senate and the popular assembly; and justly so; for in all respects the verdicts of your courts are most just.

Reflect upon this also, all you who belong to the large demes, that you are not wont to deprive any man of his right of accusation and defence. And I invoke many blessings upon the heads of all of you who have dealt fairly with this matter, because you did not deprive of the opportunity to prepare their case those who asked for a delay. By taking this course you exposed the pettifoggers and those who were maliciously scheming against others.

You are deserving of praise for this, men of Athens; but those are to be blamed who have misused a procedure that was both admirable and just. In no other of the demes will you find that more outrageous things have been done than in ours. Of brothers born of the same mother and the same father they have expelled some and retained others, and they have expelled elderly men of slender means, while they have left their sons on the list of demesmen; and to prove these things I will call witnesses, if you wish.

But you must hear the most outrageous thing which these conspirators have done (and I beg you in the name of Zeus and the gods, let no one of you be offended if I show the rascality of these men who have wronged me. For I hold that in showing what scoundrels they are I am speaking with precise reference to the experience which has befallen me). For, you must know, men of Athens, that when certain aliens, Anaximenes and Nicostratus, wished to become citizens, these scoundrels admitted them for a sum of money, which they divided among themselves, receiving five drachmae apiece. Eubulides and his clique will not deny on oath that they have knowledge of this; and now in this last revision they did not expel these men. Do you think, then, that there is anything that they would not do in private, seeing that in a public matter they dared this?

There are many people indeed, men of the jury, whom Eubulides and his clique have destroyed or have saved for money. For even at an earlier time (and my words shall bear upon the matter in hand, men of Athens) Antiphilus, the father of Eubulides, when he was prefect of the deme, as I have told you, made use of trickery in his desire to get money from certain persons, and asserted that he had lost the public register; and he thereby induced the Halimusians to revise their list of members, denounced ten of their number, and had them expelled; all of whom with one exception the court of justice restored. These facts all the older ones know.