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Demosthenes · Against Boeotus I §16-21

Confusion in Military and Legal Affairs and Proof of Naming

Passage 3 of 6 · Greek

Summary

Mantitheus enumerates the specific military and legal confusions, as well as personal harms, that arise from sharing the same name with Boeotus. He then presents evidence to show that his father gave him his name voluntarily, and criticizes Boeotus for trying to invalidate their father's decisions made while alive.

§16τί δʼ, εἴ τις ἄλλη περὶ τοὔνομα γίγνοιτʼ ἢ λῆξις δίκης ἢ δόξʼ ὅλως ἀηδής;
And what if some other indictment should be brought concerning the name, or if some altogether unpleasant reputation should arise?
τίς εἴσεται τῶν πολλῶν πότερός ποθʼ οὗτός ἐστιν, δυοῖν Μαντιθέοιν ταὐτοῦ πατρὸς ὄντοιν;
Who among the public will know which of the two is this one, when there are two Mantitheuses of the same father?
φέρε, εἰ δὲ δίκην ἀστρατείας φεύγοι, χορεύοι δʼ ὅταν στρατεύεσθαι δέῃ;
Come, what if he were to face a prosecution for evasion of military service, while dancing in a chorus when he ought to be on campaign?
καὶ γὰρ νῦν, ὅτʼ εἰς Ταμύνας παρῆλθον οἱ ἄλλοι, ἐνθάδε τοὺς Χοᾶς ἄγων ἀπελείφθη καὶ τοῖς Διονυσίοις καταμείνας ἐχόρευεν, ὡς ἅπαντες ἑωρᾶθʼ οἱ ἐπιδημοῦντες.
For indeed recently, when the others went out to Tamynae, he was left behind here celebrating the Feast of Cups, and remaining behind, he danced at the Dionysia, as all of you who were in town saw.
§17ἀπελθόντων δʼ ἐξ Εὐβοίας τῶν στρατιωτῶν λιποταξίου προσεκλήθη, κἀγὼ ταξιαρχῶν τῆς φυλῆς ἠναγκαζόμην κατὰ τοὐνόματος τοῦ ἐμαυτοῦ πατρόθεν δέχεσθαι τὴν λῆξιν· καὶ εἰ μισθὸς ἐπορίσθη τοῖς δικαστηρίοις, εἰσῆγον ἂν δῆλον ὅτι.
And when the soldiers returned from Euboea, he was summoned for desertion, and I, as taxiarch of the tribe, was forced to receive the indictment against my own name with my father's name; and if pay had been provided for the courts, I would obviously have brought it to trial.
ταῦτα δʼ εἰ μὴ σεσημασμένων ἤδη συνέβη τῶν ἐχίνων, κἂν μάρτυρας ὑμῖν παρεσχόμην.
If these things had not occurred after the deposition-boxes had already been sealed, I would have presented witnesses to you.
§18εἶεν.
Very well.
εἰ δὲ ξενίας προσκληθείη;
But what if he should be prosecuted for usurpation of citizenship?
πολλοῖς δὲ προσκρούει, καὶ ὃν ἠναγκάσθη τρόπον ὁ πατὴρ ποιήσασθαι αὐτόν, οὐ λέληθεν.
He clashes with many people, and the manner in which our father was forced to adopt him is no secret.
ὑμεῖς δʼ, ὅτε μὲν τοῦτον οὐκ ἐποιεῖθʼ ὁ πατήρ, τὴν μητέρʼ ἀληθῆ λέγειν ἡγεῖσθʼ αὐτοῦ· ἐπειδὰν δʼ οὕτως γεγονὼς οὗτος ὀχληρὸς ᾖ, πάλιν ὑμῖν ποτὲ δόξει ʼκεῖνος ἀληθῆ λέγειν.
When our father would not adopt him, you thought his mother was speaking the truth; but now that he has turned out to be so troublesome, you will some day think again that our father was speaking the truth.
τί δʼ, εἰ ψευδομαρτυρίων ἁλώσεσθαι προσδοκῶν ἐφʼ οἷς ἐρανίζει τούτοις τοῖς περὶ αὑτόν, ἐρήμην ἐάσειεν τελεσθῆναι τὴν δίκην;
And what if, expecting to be convicted of false testimony in those cases where he contributes favors to those around him, he should allow the case to be decided against him by default?
ἆρά γε μικρὰν ἡγεῖσθε βλάβην, ὦ ἄνδρες Ἀθηναῖοι, ἐν κοινωνίᾳ τὸν ἅπαντα βίον τῆς τούτου δόξης καὶ τῶν ἔργων εἶναι;
Do you think it is a small harm, men of Athens, to be associated for your whole life with his reputation and his deeds?
§19ὅτι τοίνυν οὐδʼ ἃ διεξελήλυθʼ ὑμῖν μάτην φοβοῦμαι, θεωρήσατε.
Therefore, observe that I do not fear in vain the things I have detailed to you.
οὗτος γὰρ ἤδη καὶ γραφάς τινας, ὦ ἄνδρες Ἀθηναῖοι, πέφευγεν, ἐφʼ αἷς οὐδὲν αἴτιος ὢν ἐγὼ συνδιαβάλλομαι, καὶ τῆς ἀρχῆς ἠμφεσβήτει, ἣν ὑμεῖς ἔμʼ ἐχειροτονήσατε, καὶ πολλὰ καὶ δυσχερῆ διὰ τοὔνομα συμβέβηκεν ἡμῖν, ὧν, ἵνʼ εἰδῆτε, ἑκάστων μάρτυρας ὑμῖν παρέξομαι. ΜΑΡΤΥΡΕΣ. §20ὁρᾶτʼ, ὦ ἄνδρες Ἀθηναῖοι, τὰ συμβαίνοντα, καὶ τὴν ἀηδίαν τὴν ἐκ τοῦ πράγματος.
For this man, men of Athens, has already been defendant in certain public prosecutions, in which I, though entirely innocent, share the slander; and he disputed the office to which you elected me, and many troublesome things have happened to us because of the name, for each of which, so that you may know, I will present witnesses to you. [WITNESSES] You see, men of Athens, the things that happen, and the unpleasantness arising from the matter.
εἰ τοίνυν μηδὲν ἀηδὲς ἦν ἐκ τούτων, μηδʼ ὅλως ἀδύνατον ταὐτὸν ἔχειν ὄνομʼ ἡμῖν συνέβαινεν, οὐ δήπου τοῦτον μὲν δίκαιον τὸ μέρος τῶν χρημάτων ἔχειν κατὰ τὴν ποίησιν, ἣν ὁ πατὴρ αὐτὸν ἀναγκασθεὶς ἐποιήσατο, ἐμὲ δʼ ἀφαιρεθῆναι τοὔνομα, ὃ βουλόμενος καὶ οὐδʼ ὑφʼ ἑνὸς βιασθεὶς ἔθετο.
Now, even if nothing unpleasant arose from these things, and it were not altogether impossible for us to have the same name, surely it is not just that this man should have his share of the estate according to the adoption which our father was forced to make, while I should be deprived of the name which he gave me of his own free will, forced by no one.
οὐκ ἔγωγʼ ἡγοῦμαι.
I certainly do not think so.
ἵνα τοίνυν εἰδῆτε, ὅτι οὐ μόνον εἰς τοὺς φράτερας οὕτως, ὡς μεμαρτύρηται, ὁ πατὴρ τὴν ἐγγραφὴν ἐποιήσατο, ἀλλὰ καὶ τὴν δεκάτην ἐμοὶ ποιῶν τοὔνομα τοῦτʼ ἔθετο, λαβέ μοι καὶ ταύτην τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ. §21ἀκούετʼ, ἄνδρες Ἀθηναῖοι, ὅτι ἐγὼ μέν εἰμʼ ἐπὶ τοὐνόματος τούτου πάντα τὸν χρόνον, τουτονὶ δὲ Βοιωτὸν εἰς τοὺς φράτερας, ἡνίκʼ ἠναγκάσθη, ἐνέγραψεν ὁ πατήρ.
Therefore, so that you may know that our father not only made the registration into the phratry in this way, as has been testified, but also gave me this name when celebrating my tenth-day festival, take this testimony also for me. [TESTIMONY] You hear, men of Athens, that I have had this name all the time, whereas our father registered this man as Boeotus into the phratry when he was forced to.
ἡδέως τοίνυν ἐροίμην ἂν αὐτὸν ἐναντίον ὑμῶν· εἰ μὴ ἐτελεύτησεν ὁ πατήρ, τί ἄν ποτʼ ἐποίεις πρὸς τοῖς δημόταις;
Now, I would gladly ask him in your presence: if our father had not died, what would you have done before the demesmen?
οὐκ ἂν εἴας σεαυτὸν ἐγγράφειν Βοιωτόν;
Would you not have allowed him to register you as Boeotus?
ἀλλʼ ἄτοπον δίκην μὲν λαγχάνειν τούτου, κωλύειν δὲ πάλιν.
But it is absurd to bring a lawsuit about this, and then again to prevent it.
καὶ μὴν εἴ γʼ εἴας αὐτόν, ἐνέγραψεν ἄν σʼ εἰς τοὺς δημότας, ὅπερ εἰς τοὺς φράτερας.
And indeed, if you had allowed him, he would have registered you into the demesmen just as he did into the phratry.
οὐκοῦν δεινόν, ὦ γῆ καὶ θεοί, φάσκειν μὲν ἐκεῖνον αὑτοῦ πατέρʼ εἶναι, τολμᾶν δʼ ἄκυρα ποιεῖν ἁκεῖνος ἔπραξεν ζῶν.
Is it not then terrible, O earth and gods, to claim that he is one's father, and yet dare to make invalid what he did while alive?

Notes

  1. §17εἰ μισθὸς ἐπορίσθη τοῖς δικαστηρίοις, εἰσῆγον ἂν — A contrary-to-fact condition referring to the past (protasis with εἰ + imperfect indicative, apodosis with ἂν + imperfect indicative). It implies that the trial did not actually take place because judicial pay was not provided due to Athens' financial difficulties. The verb εἰσῆγον (imperfect) refers to the official act of "introducing" the case to the court by the speaker in his capacity as taxiarch.
  2. §18ἐφʼ οἷς ἐρανίζει τούτοις τοῖς περὶ αὑτόν — The relative pronoun οἷς has as its antecedent the demonstrative τούτοις, which is modified by the following noun phrase τοῖς περὶ αὑτόν ("those around him"). The verb ἐρανίζω (originally "to contribute to a mutual fund/eranos") is used metaphorically and pejoratively here to mean "to perform reciprocal favors" (in this case, false testimonies) for his associates; the prepositional phrase ἐφʼ οἷς refers to the basis or terms (neuter plural relative) of this mutual assistance.
  3. §20οὐ δήπου τοῦτον μὲν δίκαιον... ἐμὲ δʼ ἀφαιρεθῆναι... — The impersonal adjective δίκαιον [ἐστί] ("it is just") serves as the common predicate governing two accusative-with-infinitive constructions contrasted by μὲν... δέ...: τοῦτον μὲν ... ἔχειν (that he should have his share) and ἐμὲ δʼ ἀφαιρεθῆναι (that I should be deprived of my name). The negative particle οὐ δήπου ("surely not") at the beginning governs the entire clause, emphasizing the absurdity and injustice of the asymmetry between the two situations.

Cite this passage

Demosthenes, Against Boeotus I §16-21. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg039.humanitext-grc2:16-21

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