Euxitheus Against Eubulides, an Appeal (26-30)

Now does any one of you imagine that the demesmen would have suffered the alien and non-citizen to hold office among them, and would not have prosecuted him? Well, not a single man prosecuted him, or brought any charge against him. More than that, the demesmen had of necessity to vote on one another, after binding themselves by solemn oaths, when their voting-register was lost during the administration as prefect of the deme of Antiphilus, the father of Eubulides, and they expelled some of their members; but not a man made any motion about my father or brought any such charges against him.

Yet for all men the end of life is death[*]; and with whatsoever wrongdoings a man may be charged during his lifetime, it is right that for these his children should forever be held accountable; but in matters concerning which no man ever made accusation against him while he lived, is it not outrageous that anyone so wishing should bring his children to trial? If, now, there had been no inquiry into the question, let us grant that the matter has escaped notice; but if inquiry was made and the demesmen reviewed their lists, and no one ever made any accusation, ought I not justly to be regarded as an Athenian so far as my father is concerned, seeing that he died before any dispute regarding his lineage arose?

To prove that these statements of mine are true, I will call witnesses who depose to these facts also.

The Witnesses

Furthermore, my father had four sons born of the same mother as myself, and when they died he buried them in our ancestral tomb, which belongs in common to all members of the gens; and no one of these kinsfolk ever made protest or prevented it or brought suit. And yet, who is there who would have permitted persons having no connection with the family to be placed in the ancestral tomb?

To prove that these statements of mine also are true, (to the clerk) take the deposition.

The Deposition

With regard to my father, then, these are the grounds for my assertion that he was an Athenian; and I have brought forward as witnesses persons whom my opponents themselves have voted to be citizens, and who depose that my father was their own cousin. It is shown that he lived such and such a number of years here in Attica and that he was never in any place brought under scrutiny as being an alien, but that he found a refuge with these persons as his relatives, and that they both received him and gave him a share of their property as being one of themselves.

Again, it is shown that he was born in a period when, even if he was an Athenian on one side only, he was entitled to citizenship; for he was born before the archonship of Hucleides.[*]

With regard to my mother (for they make her too a reproach against me) I will speak, and will call witnesses to support my statements. And yet, men of Athens, in reproaching us with service in the market Eubulides has acted, not only contrary to your decree, but also contrary to the laws which declare that anyone who makes business in the market a reproach against any male or female citizen shall be liable to the penalties for evil-speaking.