Against Eubulides

It is unlikely indeed that they left on the list any who were not Athenians, when they conspired to expel even men who were citizens, whom the court restored. And although he was a personal enemy of my father at the time, Eubulides not only did not denounce him, but did not even cast his vote that he was not an Athenian. How is this proved? Because my father was declared by all the votes to be a member of the deme. But what need is there to speak of our fathers? Eubulides himself, when I was entered on the register and all the demesmen after taking the oath cast their votes regarding me as the law prescribes, neither denounced me nor cast his vote against me; for in this case again they all voted that I was a member of the deme. And, if they say that I am lying about this, let anyone who wishes give evidence to the contrary in the time allotted to me.

If, then, men of Athens, my opponents seem to have a very strong argument in the fact that in the present instance the demesmen have rejected me, I point out to you that on four previous occasions, when they gave their votes in accordance with their oaths without entering into a conspiracy, they voted that both I and my father were their fellow-demesmen—first, when my father passed the scrutiny; secondly, when I did so; then, in the former revision, after these men had made away with the register; and, finally, when they nominated me among the noblest-born and voted that I should draw lots for the priesthood of Heracles. All these facts have been established by testimony.

If it be right for me to speak of my administration as prefect, because of which I incurred the anger of many, and in the course of which I became involved in quarrels because I required some of the demesmen to pay the rents which they owed for sacred lands and to refund other sums which they had embezzled from the public moneys, I should be very glad to have you listen to me; but perhaps you will hold that these matters are foreign to the subject before us. However, I am able to point to this as a positive proof of their conspiracy. For they struck out of the oath the clause that they would vote according to their unbiassed judgement and without favor or malice.

This became a matter of general knowledge, as did also the fact that the demesmen from whom I had exacted repayment of the public moneys swore a conspiracy against me, and by a sacrilegious theft stole from the temple the shields which I had dedicated to Athena (for the truth shall be told), and chiseled out the decree which the demesmen had passed in my honor. And they have come to such a pitch of shamelessness that they went about saying that I had done this for the sake of my defence.[*](That is, by throwing the odium for the act upon his adversaries.) Yet what man among you, men of the jury, would judge me so utterly insane as to commit an act punishable with death in order to secure so mighty a bit of evidence for my case, and then myself to destroy an inscription which brought me honor?

But the most outrageous act of all I fancy they would hardly say that I myself contrived. For hardly had my misfortune come about, when immediately, as if I were already an exile and a ruined man, some of these people went by night to my cottage in the country and attempted to carry off what was there; so utter was their contempt for you and for your laws. If you wish, I will call persons who know the facts.

Many are the other deeds of theirs which I could point out and many the falsehoods which they have told, which I should be glad to enumerate to you; but as you consider these alien to the matter in hand, I will leave them out. Bear in mind, however, the following points, and see how many just arguments I have in coming before you. For, just as you question the Thesmothetae[*](See note a on Dem. 33.1) in their scrutiny, I will in the same manner question myself before you.

Sir, who was your father?My father? Thucritus.Do any of your relatives give testimony in his favor?Certainly; first, four cousins; then, the son of a cousin; then, those who are married to the female cousins; then, the clansmen; then, those of the gens who worship Apollo, our ancestral god, and Zeus, the god of the household[*](Called by this name because his statue stood in the ἕρκος, or enclosure.); then, those who have the right to the same places of burial; then, the members of the deme, who testify that he has often passed the scrutiny and held office, and who are shown themselves to have cast their votes in his favor. In all that concerns my father, then, how could I prove my case to you more fairly or more convincingly? I will call my relatives before you, if you so wish.

Now hear the facts regarding my mother. My mother is Nicaretê, the daughter of Damostratus of Melitê. Who among her relatives give testimony? First, a nephew; then, two sons of her other nephew; then, the son of a cousin; then the sons of Protomachus, who was my mother’s former husband; then, Eunicus, of Cholargus, who married my sister, the daughter of Protomachus; then, my sister’s son.

More than this, the clansmen and the demesmen of her relatives have given this testimony. Of what, then, could you have further need? Yet again, that my father married my mother according to the laws, and that he gave a marriage-feast to the members of the clan, has been proved by testimony. And besides all this, I have shown that I myself have shared in all the privileges which befit free men. On all grounds, therefore, you will act in accordance with your oaths, if you give your verdict in my favour as justice and right demand.

Furthermore, men of the jury, when you question the nine archons, you ask whether they act dutifully toward their parents. I for my part am left without a father, but for my mother’s sake I beg and beseech you so to settle this trial as to restore to me the right to bury her in our ancestral tomb. Do not deny me this; do not make me a man without a country; do not cut me off from such a host of relatives, and bring me to utter ruin. Rather than abandon them, if it prove impossible for them to save me, I will kill myself, that at least I may be buried by them in my country.