Mantitheus Against Boeotus I (6-10)

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[*] 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[*], 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[*] if they are nominating one for choregus[*] or gymnasiarch[*] or feaster 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.[*] 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,[*] 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,[*] that of Thesmothet,[*] 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,[*] 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.