V ἀ06ι|0ι[0 19z1 ς

TUATHA

OLNOHOL 4O ALISHSAINA

yeas

wwe 5 ἢ ΠΝ x

ἐν

an

aoe CRY ha yy πεν

ῖ ΕΝ ὦ a ll Fy

Digitized by the Internet Archive in 2008 with funding from Andrew W. Mellon Foundation

https://archive.org/details/privateorationsw02demouoft

THE LOEB CLASSICAL LIBRARY

FOUNDED BY JAMES LOEB, LL.D.

EDITED BY + T. E. PAGE, ¢.n., LittT.p. EB. CAPPS, pPu.p., LL.D: W. H. D. ROUSE, uirrt.n.

DEMOSTHENES PRIVATE ORATIONS

II

DEMOSTHENES PRIVATE ORATIONS

WITH AN ENGLISH TRANSLATION BY

A. T. MURRAY, Pu.D,, LL.D.

EMERITUS PROFESSOR OF CLASSICAL LITERATURE, STANFORD UNIVERSITY, CALIFORNIA

IN FOUR VOLUMES

CAMBRIDGE, MASSACHUSETTS HARVARD UNIVERSITY PRESS LONDON WILLIAM HEINEMANN LTD MCMXXXIX

PA 394.9 6 {798 Ve

Printed in Great Britain

-,ῃ

CONTENTS

PAGE BIBLIOGRAPHY . : : : : Σ . E vii TasLe oF ATHENIAN ΜΌΝΕΥ : : : Vill = AN UNKNOWN PLEADER AGAINST SPUDIAS IN THE MATTER OF A MarriaGe Portion— Introduction . ᾿ ἔ : : : : 2 Text and Translation . : : ; : 4. AN UNKNOWN PLEADER AGAINST PHAENIPPUS IN THE MATTER OF AN EXCHANGE OF PROPERTIES— Introduction . : : : ; ; : 28 Text and Translation . ᾿ : : ; 30 SosITHEUS AGAINST MaAcarTATUS IN REGARD TO THE Estate oF HaGnias— Introduction . : : ᾿ς ᾿ ι : 57 Text and Translation . ‘ , 3 : 60 ARISTODEMUS AGAINST LEOCHARES REGARDING THE Estate or ARCHIADES— Introduction . d ν 2 : ᾿ . 123 Text and Translation . . , : . 126

CONTENTS

APOLLODORUS AGAINST STEPHANUS, CHARGED WITH Giving Fatse TEstimony—

I. Introduction

Text and Translation II. Introduction

Text and Translation

AN UNKNOWN PLEADER AGAINST EVERGUS AND MNESIBULUS, CHARGED WITH GIVING FALSE TEsTIMONY—

Introduction Text and Translation CALLISTRATUS AGAINST OLYMPIODORUS, AN ACTION For DamaGEes— Introduction Text and Translation APOLLODORUS AGAINST TIMOTHEUS IN THE MATTER or A Desr— Introduction Text and Translation

vi

PAGE

173 178 24.2 24.4.

334

373 376

BIBLIOGRAPHY

The editions of Demosthenes in the Teubner and Oxford series.

Arnold Schaefer, Demosthenes und seine Zeit, Leipzig, 1858.

F. Blass, Die attische Beredsamkeit, ed. 2, Leipzig, 1893.

S. H. Butcher, Demosthenes, London, 1881.

A. W. Pickard-Cambridge, Demosthenes, New York and London, 1914.

C. R. Kennedy, The Orations of Demosthenes, translated with notes, ete., five vols. in Bohn’s Classical Library.

R. Dareste, Les Plaidoyers civils de Démosthéne, Paris, 1875.

W. H. Kirk, Demosthenic Style in the Private Orations, Baltimore, 1895.

S. Preuss, Index Demosthenicus, Leipzig, 1895.

A. Boeckh, The Public Economy of Athens, translated by Lewis, London, 1842; ed. 2, translated by Lamb, Boston, 1857.

K. F. Hermann, Lehrbuch der griechischen Rechtsalter- thuemer, ed. 3, revised by Thalheim, Freiburg, 1884.

G. Ε΄ Schoemann, Antiquities of Greece, translated by Hardy and Mann, London, 1890.

Gardner and Jevons, Manual of Greek Antiquities, New York, 1895.

L. Whibley, Companion to Greek Studies, Cambridge, 1931.

Meier und Schoemann, Der attische Process, revised by Lipsius, Berlin, 1883-1887.

Lipsius, Das attische Recht, 1905-1912.

TABLE OF ATHENIAN MONEY

1 Talent =60 Minae

1 Mina =100 Drachmae 1 Drachma=6 Obols 1 Obol =8 Chalkoi

(The Talent and the Mina represent values, not coins.)

In bullion value the Talent may be regarded as worth something more than two hundred Pounds Sterling, but its purchasing power was very much greater.

Besides the regular Attic coins there is mention in these volumes also of the Stater of Cyzicus, the value of which is given as twenty-eight Attic Drachmae, and that of Phocaea, a somewhat heavier coin. These were both of electrum, an alloy of gold and silver.

AGAINST SPUDIAS

VOL. II B

INTRODUCTION

Potyeuctus, an Athenian, had given his two daughters in marriage, one to the plaintiff in this suit (whose name is not mentioned) and the other to a certain Leocrates, his own wife’s brother, whom he also adopted as his son, since he was himself without male issue.

The plaintiff maintains that in accordance with the marriage contract he was to have received with his wife a portion of forty minae. He received thirty minae outright, and it was agreed that the other ten should be paid to him after the death of Polyeuctus. For this payment Leocrates made himself responsible. After the lapse of some time a quarrel arose between Polyeuctus and Leocrates, and as a result Leocrates severed his connexion with the family, relinquishing his wife and with her the marriage portion. She was then given in marriage to Spudias, the defendant in the present suit, and Polyeuctus mortgaged his house to the plaintiff to secure for him the ten minae still due to him, giving directions in his will that pillars in witness of the mortgage should be set up on the property.

After the death of Polyeuctus the plaintiff brought this suit? to recover the money due to him, and in

« The plaintiff claims that he had wished to have the dis- pute settled out of court, but that Spudias had refused to

2

AGAINST SPUDIAS

addition made some further demands : first, that the defendant should pay him half a mina as his share of the cost of a funeral sacrifice offered in memory of Polyeuctus ; further, that Spudias should pay into the estate of Polyeuctus eighteen minae, which he had borrowed from his mother-in-law, and two minae as the cost of a slave whom he had purchased from Polyeuctus; and also that he should return certain articles which he had borrowed. In support of his claims the plaintiff produces, along with various depositions, the will of Polyeuctus and some papers which his widow had left sealed at her death ; and he deals briefly with counter-arguments which it might be assumed his opponent would bring forward.

The genuineness of this oration was not doubted in antiquity, and it is generally accepted as an early work of Demosthenes. It is discussed by Schaefer, iii.? pp. 227 ff., and by Blass, iii. pp. 249 ff. refer it to their common friends who were conversant with all the facts. The matter appears then to have been referred to an arbitrator (vol. i. p. 38, note a), or to a board of arbitrators (the singular is used in §12, and the plural in

§28), whose decision must have been against the plaintiff since he appeals from their verdict to the Heliastic court.

ΔΗΜΟΣΘΕΝΟΥ͂Σ

XE ΠΡΟΣ XNOYAIAN YEP IPOIKOX

[1028] ᾿Αδελφὰς ἔχομεν, ὦ ἄνδρες δικασταί, γυναῖκας > \ \ / e / / / ἐγὼ καὶ Σπουδίας οὑτοσί, LloAvevKtov θυγατέρας. ἄπαιδος δ᾽ ἐκείνου τελευτήσαντος ἀρρένων παίδων, ἀναγκάζομαι πρὸς τοῦτον περὶ τῶν καταλειφθέντων δικάζεσθαι. καὶ εἰ μέν, ὦ ἄνδρες δικασταί, μὴ πᾶσαν σπουδὴν καὶ προθυμίαν ἐποιησάμην, βουλό-

\ aA / 2 / >? μενος διαλύεσθαι καὶ Tots φίλοις ἐπιτρέπειν, ἐμαυ- τὸν ἂν ἠτιώμην, εἰ μᾶλλον ἡρούμην δίκας καὶ

2 πράγματ᾽ ἔχειν, ἢ μίκρ᾽ ἐλαττωθεὶς ἀνέχεσθαι" νῦν δ᾽ ὅσῳ πραότερον ἐγὼ καὶ φιλανθρωπότερον τούτῳ διελεγόμην, τοσούτῳ μᾶλλόν μου κατεφρόνει. καὶ νῦν κινδυνεύομεν οὐδὲν ὁμοίως πρὸς τουτονὶ τὸν 5 αν Ὁ 19, Se: 3 3 e \ ¢ / / / ἀγῶν᾽ ἔχειν, ἀλλ᾽ οὗτος μὲν ῥᾳδίως φέρει πολλάκις > / > Af? > ἴα ~ / > \ > > \ εἰθισμένος ἐνταῦθ᾽ εἰς ὑμᾶς παριέναι, ἐγὼ δ᾽ αὐτὸ ~ ~ \ \ \ > if > ~ τοῦτο φοβοῦμαι, μὴ διὰ τὴν ἀπειρίαν od δυνηθῶ δηλῶσαι περὶ τῶν πραγμάτων ὑμῖν: ὅμως δ᾽, ὦ ἄνδρες δικασταί, προσέχετε τὸν νοῦν. 4.

DEMOSTHENES XE

AN UNKNOWN PLEADER AGAINST SPUDIAS, IN THE MATTER OF A MARRIAGE PORTION

THis man Spudias and I, men of the jury, are married to two sisters, daughters of Polyeuctus. ; Polyeuctus having died without male issue, I am ‘forced to go to law with the defendant in regard to

the property which has been left. And if, men of

the jury, I had not shown all zeal and eagerness in my desire to find a settlement and to submit the matters at issue to our friends, I should have blamed myself for not choosing to suffer a trifling loss rather than engage in a troublesome lawsuit. But, as it is, the more gentleness and consideration I used in talking with the defendant, the more contempt he showed toward me. And now it appears that in my contest with him we are in no sense on equal terms, but he can take the matter lightly, since he has been accustomed to come often before you, whereas I fear this very thing, that because of my lack of experience

I may prove unable to explain my case to you. None

the less, men of the jury, I beg you to give heed.

5

bo

9

4 [1029]

or

DEMOSTHENES

Πολύευκτος yap ἦν τις Τειθράσιος,' ὃν ἴσως οὐδ᾽ ὑμῶν τινες ἀγνοοῦσιν. οὗτος ὁ ἸΤολύευκτος, ἐπειδὴ οὐκ ἦσαν αὐτῷ παῖδες ἄρρενες, ποιεῖται Λεωκράτη τὸν ἀδελφὸν τῆς ἑαυτοῦ γυναικός. οὐσῶν δ᾽ αὐτῷ δύο θυγατέρων ἐκ τῆς τοῦ Λεωκράτους ἀδελφῆς, τὴν μὲν πρεσβυτέραν ἐμοὶ δίδωσι, καὶ τετταράκοντα μνᾶς προῖκα, τὴν δὲ νεωτέραν Λεωκράτει. τούτων δ᾽ οὕτως ἐχόντων, διαφορᾶς γενομένης τῷ Πολυ- εύκτῳ πρὸς τὸν Λεωκράτη, περὶ ἧς οὐκ οἶδ᾽ ὅ τι δεῖ λέγειν, ἀφελόμενος ὁ [Πολύευκτος τὴν θυγατέρα δίδωσι Σπουδίᾳ τουτῳί. μετὰ δὲ ταῦτ᾽ ἠγανάκτει θ᾽ ὁ Λεωκράτης, καὶ δίκας ἐλάγχανε []ολυεύκτῳ καὶ τουτῳὶ Σπουδίᾳ, καὶ περὶ πάντων ἠναγκάζοντ᾽ εἰς λόγον καθίστασθαι, καὶ τὸ τελευταῖον διελύ- θησαν, ἐφ᾽ ὧτε ,κομισάμενον τὸν Λεωκράτην ἅπερ ἦν εἰς τὴν οὐσίαν εἰσενηνεγμένος, μήτε κακόνουν εἶναι Ἰ]Πολυεύκτῳ, τῶν τε πρὸς ἀλλήλους ἐγκλη- μάτων ἀπηλλάχθαι πάντων. τίνος οὖν ἕνεχ᾽, ὑμῖν, ὦ ἄνδρες δικασταί, ταῦτ᾽ εἶπον; ὅτι τὴν προῖκ᾽ οὐ κομισάμενος ἅπασαν, ἀλλ᾽ ὑπολειφθεισῶν χιλίων δραχμῶν καὶ ὁμολογηθεισῶν ἀπολαβεῖν, ὅταν Πολύευκτος ἀποθάνῃ, τέως μὲν ὁ Λεωκράτης ἣν κληρονόμος τῶν IloAvedKTov, πρὸς ἐκεῖνον ἢν μοι τὸ συμβόλαιον" ἐπειδὴ δ᾽ ὃ τε Λεωκράτης ἐξεκεχωρήκειν ὅ τε Ἰϊολύευκτος μοχθηρῶς εἶχε, τηνικαῦτ᾽, ὦ ἄνδρες δικασταί, τὴν οἰκίαν ταύτην

1 Πειθράσιος] Θριάσιος Blass and the mss. The correction is due to the discovery by the American excavators in the Athenian agora of a dedication which mentions ** Cleiocrateia, daughter of Polyeuctus of Teithras, and wife of Spudias”’; see Hesperia, vi. (1937), p. 341.

6

AGAINST SPUDIAS, 3-5

Polyeuctus was a man of Teithras,* not unknown, 3 it may well be, to some of you. This Polyeuctus, since he had no male children, adopted Leocrates, the brother of his own wife; but since he had two daughters by the sister of Leocrates, he gave the elder to me in marriage with a portion of forty minae, and the younger to Leocrates.? So matters stood, 4 when a quarrel came about between Polyeuctus and Leocrates, as to the nature of which I know of nothing which it is incumbent upon me to relate, and Polyeuctus took away his daughter’ and gave her in marriage to this man Spudias. After this Leo- crates, being greatly incensed, brought suit against Polyeuctus and Spudias here, and they were forced to render an accounting in regard to all the matters at issue, and in the end a settlement was reached on the terms that Leocrates, on receiving back all that he had brought into the estate, should be reconciled with Polyeuctus, and that final releases should be given from all demands made by each upon the other. Now, why is it, men of the jury, that I have 5 told you this ? Because I did not receive the whole of my wife’s portion, but a thousand drachmae were left unpaid with the understanding that I should receive them on the death of Polyeuctus ; and so long as Leocrates was the heir of Polyeuctus, it was he who was responsible to me for the debt ; but when Leocrates had left the family, and Polyeuctus was seriously ill, then, men of the jury, to secure the ten

* Teithras was a deme of the tribe Oeneis.

ὃ Marriage between uncle and niece was allowed in ancient Athens. A man might even marry his half-sister (Oration LVII § 20).

© This can mean only that he induced his daughter to go before the Archon and demand a divorce.

a

6

[1030]

DEMOSTHENES

ἀποτιμῶμαι πρὸς Tas δέκα μνᾶς, ἐξ ἧς διακωλύει με τὰς μισθώσεις κομίζεσθαι Umovdias. πρῶτον μὲν οὖν ὑμῖν μάρτυρας παρέξομαι τοὺς παραγενο- μένους, ὅτ᾽ ἠγγύα μοι [Πολύευκτος τὴν θυγατέρ᾽ ἐπὶ τετταράκοντα μναῖς" ἔπειθ᾽ ὡς ἔλαττον ταῖς χιλίαις ἐκομισάμην" ἔτι δ᾽ ὡς ἅπαντα τὸν χρόνον ὀφείλειν ὡμολόγει μοι []ολύευκτος, καὶ τὸν Λεω- κράτην συνέστησε, καὶ τελευτῶν διέθεθ᾽ ὅρους ἐπι- στῆσαι χιλίων δραχμῶν ἐμοὶ τῆς προικὸς ἐπὶ τὴν οἰκίαν. Καί μοι κάλει τοὺς μάρτυρας.

ΜΑΡΤΥΡΕΣ

a A ,ὔ Ss » ,ὔ a > »Μ Ev μὲν τοίνυν, ὦ ἄνδρες δικασταί, τοῦτ᾽ ἔστιν > a ὧν ἐγκαλῶ Σπουδίᾳ. καὶ περὶ τούτου τί ἂν ἔτι μεῖζον ἢ ἰσχυρότερον ἔχων εἰς ὑμᾶς κατέστην, ἢ τὸν νόμον, ὃς οὐκ ἐᾷ διαρρήδην, ὅσα τις ἀπετίμη- - a /

σεν, εἶναι δίκας, οὔτ᾽ αὐτοῖς οὔτε τοῖς κληρονόμοις;

ἰλλ᾽ a \ ~ \ δί iA δί a ὅμως πρὸς τοῦτο τὸ δίκαιον ἥκει Σπουδίας 5 "4 « ὃ᾽ Ss Μ ὃ ὃ / ὃ / ἀμφισβητήσων. ἕτερον δ᾽, ὦ ἄνδρες δικασταί, δύο

΄- > ~ μὲν μνᾶς ἐμαρτύρησεν ᾿Αριστογένης ἐγκαλεῖν ἀπο- θνήσκοντα [Πολύευκτον ὀφειλομένας αὐτῷ παρὰ ~ Ἂ

Σπουδίᾳ καὶ τὸν τόκον (τοῦτο δ᾽ ἐστὶν οἰκέτου e ΄ . τιμή, OV ἐωνημένος οὗτος παρὰ []ολυεύκτου, τὴν τιμὴν οὔτ᾽ ἐκείνῳ διέλυσεν οὔτε νῦν εἰς τὸ κοινὸν \ ΑΝ ἀνενήνοχεν), ὀκτακοσίας δὲ καὶ χιλίας, περὶ ὧν , τ » > 4. / > Ὁ“ δί λέ Ss οὐδ᾽ ἔγωγ᾽ οἶδα τί ποθ᾽ ἕξει δίκαιον λέγειν. ἦν

« That is, as the person who would be responsible for payment after his own death.

8

AGAINST SPUDIAS, 5-9

minae, I took a mortgage on this house, the rents accruing from which Spudias seeks to prevent me from collecting. In the first place, then, I shall bring 6 before you as witnesses those who were present when Polyeuctus betrothed his daughter to me with a portion of forty minae ; then I shall prove that what I received was less by a thousand drachmae; and fur- ther that Polyeuctus always admitted that he was in my debt, and that he introduced to me Leocrates as guarantor’; and that at his death he directed by his will that pillars should be set up on the house in my favour for a thousand drachmae due on account of my wife's portion. (To the clerk.) Please call the witnesses.

THe WITNESSES

This, then, men of the jury, is one of the charges 7 which I make against Spudias. And in this matter what stronger or more solid ground could I have in coming before you than the law which expressly ordains that, in all cases where men have given a mortgage, there shall be no right of action for them or for their heirs? But nevertheless it is to dispute this just provision that Spudias has come here. A 8 second claim, men of the jury, is the following: Aristogenes has deposed that Polyeuctus, when about to die, charged that there were due him from Spudias two minae with interest (this was the price of a domestic slave whom the defendant had bought from Polyeuctus, but had neither paid the money nor has now entered it in the general account) ; and further- more there are eighteen hundred drachmae, regard- ing which I am myself at a loss to know what reason- able thing he will have to say. He had borrowed the 9

9

10

[1081]

1

DEMOSTHENES

A A Ἁ > ᾽ὔ A ~ 72 μὲν γὰρ τὸ ἀργύριον παρὰ τῆς [[ολυεύκτου δεδανει- / / / σμένος γυναικός, γράμματα δ᾽ ἔστιν ἃ κατέλιπεν > ,ὔ ~ ἀποθνήσκουσ᾽ ἐκείνη, μάρτυρες δ᾽ οἱ τῆς γυναικὸς / ἀδελφοὶ παρόντες ἅπασι καὶ Kal? ἕκαστον ἐπερω- ~ [ \ A « ~ ” \ > / τῶντες, ἵνα μηδὲν δυσχερὲς ἡμῖν εἴη πρὸς ἀλλήλους. οὐκοῦν δεινόν, ὦ ἄνδρες δικασταί, καὶ σχέτλιον, /, ae " ~ ἐμὲ μὲν ἁπάντων, ὧν ἢ παρὰ lloAvedKtov ζῶντος ἦν ἐωνημένος ἢ παρὰ τῆς γυναικὸς εἶχον αὐτοῦ, καὶ τόκον τιθέναι καὶ τὴν τιμὴν ἀποδεδωκέναι, καὶ ~ Ud ~ νῦν ἅπερ ὥφειλον πάντ᾽ εἰς TO κοινὸν φέρειν, τοῦτον δὲ μήτε τῶν νόμων τῶν ὑμετέρων φροντίζειν μήθ᾽ e / /, 7 A , ὧν διέθετο [[ολύευκτος μήτε τῶν καταλειφθέντων γραμμάτων μήτε τῶν συνειδότων, ἀλλὰ πρὸς ἅπαντα ταῦθ᾽ ἥκειν ἀντιδικήσοντα. A / ~ Ἁ A / a Ψ dA Λαβὲ δή μοι πρῶτον μὲν τὸν νόμον, ὃς οὐκ ἐᾷ τῶν ἀποτιμηθέντων ἔτι δίκην εἶναι πρὸς τοὺς ,ὔ ἔχοντας, ἔπειτα τὰ γράμματα τὰ καταλειφθέντα καὶ τὴν μαρτυρίαν τὴν ᾿Αριστογένους.

ΝΟΜΟΣ. ΓΡΑΜΜΑΤΑ. MAPTYPIA

, , > oo , \ \ a Βούλομαι τοίνυν, ὦ ἄνδρες δικασταΐ, Kal περὶ TOV = ἐξ a 7 ἄλλων ὧν ἐγκαλῶ καθ᾽ ἕκαστον ὑμᾶς διδάξαι. / \ \ / \ ~ 4 φιάλην μὲν yap λαβόντες παρὰ τῆς IloAvevKTov / > γυναικὸς καὶ θέντες ἐνέχυρα μετὰ χρυσίων, οὐκ A / ἀνενηνόχασι κεκομισμένοι ταύτην, ws ὑμῖν Δημό- Δ Yj φιλος ὁ θέμενος μαρτυρήσει: σκηνὴν δ᾽ ἣν ἔχουσιν, la \ οὐδὲ yap ταύτην λαβόντες ἀναφέρουσιν: ἄλλα δὲ ~ A , ~ πόσα τοιαῦτα. τὸ δὲ τελευταῖον εἰσενεγκούσης τῆς

« The word literally means “‘ tent,’ and it is so rendered 10

AGAINST SPUDIAS, 9-11

money from the wife of Polyeuctus, and there are papers which that lady left behind at her death, and the lady’s brothers are witnesses, for they were present at all times and questioned her on every point, that there might be no unpleasantness between us. It is, then, an outrageous and cruel thing, men of the jury, when I on my part, for everything which I either bought from Polyeuctus during his lifetime or received from his wife, have duly paid the price and the interest as well, and am now bringing into the general account everything which I owed, that this fellow should show no regard either for your laws or for the will of Polyeuctus, or for the papers which have been left, or for those who knew the facts, but in the face of all this should have come into court to contest my plea.

(To the clerk.) Please take first the law which denies the right of action for mortgaged property against the holders of the mortgage, then the papers which were left, and the deposition of Aristogenes.

Tue Law. THe Papers. THe DEposIrion

I wish now, men of the jury, to instruct you in detail also regarding the other claims which I make. They received from the wife of Polyeuctus a bowl, which they pawned together with some pieces of jewelry, and this they have not redeemed and brought into the general account, as Demophilus, to whom it was pawned, will testify. They have also some stuff for hangings,” which they received, but they do not account for this either; and many more articles of the same sort. And finally, although my wife

by some scholars in this passage. Harpocration takes it to mean ‘‘ a parasol.”

11

-

0

DEMOSTHENES

ἐμῆς γυναικὸς εἰς τὰ νεμέσια τῷ πατρὶ μνᾶν ἀργυρίου καὶ προαναλωσάσης, οὐδὲ ταύτης ἀξιοῖ συμβαλέσθαι τὸ μέρος, ἀλλὰ τὰ μὲν ἔχει προλαβών, τῶν δὲ τὰ μέρη κομίζεται, τὰ δ᾽ οὕτω φανερῶς οὐκ ἀποδίδωσιν.

Ἵνα τοίνυν μηδὲ ταῦτ᾽ ἢ παραλελειμμένα, λαβέ μοι πάντων αὐτῶν τὰς μαρτυρίας.

ΜΑΡΤΥΡΙΑΙ

" > σι 12 “lows τοίνυν, ὦ ἄνδρες δικασταί, πρὸς μὲν ταῦτ᾽ οὐδὲν ἀντερεῖ Σπουδίας: οὐδὲ γὰρ ἕξει, καίπερ δεινὸς ὦν: αἰτιάσεται δὲ [Πολύευκτον καὶ τὴν a? ~ ~ ~ γυναῖκ᾽ αὐτοῦ, καὶ φήσει πάντα ταῦθ᾽ ὑπ᾽ ἐμοῦ πεισθέντας καταχαρίσασθαι, καὶ νὴ Δί ἕτερα πολλὰ καὶ μεγάλα βλάπτεσθαι, καὶ δίκην εἰληχέναι μοι; ταῦτα γὰρ καὶ πρὸς τῷ διαιτητῇ λέγειν ἐπ- 13 εχείρει. ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, πρῶτον μὲν οὐχ ἡγοῦμαι δικαίαν εἶναι τὴν ἀπολογίαν τὴν τοιαύτην, ~ > οὐδὲ προσήκειν, ὅταν τις φανερῶς ἐξελέγχηται, / \ af, > ~ \ / [1032] μεταστρέψαντα τὰς αἰτίας ἐγκαλεῖν καὶ διαβάλλειν" > 3 > / \ wy 3 A ~ a / ἀλλ᾽ ἐκείνων μὲν, εἴπερ ἀδικεῖται, δῆλον ὅτι δίκην λήψεται, τούτων δὲ δώσει: πῶς γὰρ ἂν ἐγὼ νῦν ταῖς ΄ ὃ r aA > ὃ / > \ e x Φ if ~ τούτων διαβολαῖς ἀντιδικοίην, ἀφεὶς ὑπὲρ ὧν ὑμεῖς 14 μέλλετε τὴν ψῆφον οἴσειν; ἔπειτα θαυμάζω τί , > ” > a \ , > > > = δήποτ᾽, εἴπερ ἀληθῆ καὶ δίκαι᾽ εἶχεν ἐγκαλεῖν, / ¢ ~ ~ , / A ~ βουλομένων ἡμᾶς τῶν φίλων διαλύειν καὶ πολλῶν λόγων γενο ένων, οὐ οἷος ν ἐμμένειν οἷς ἐκεῖνοι γῶν γενομ ῆ γνοῖεν. καίτοι τίνες ἂν ἄμεινον καὶ τῶν τούτου καὶ

2 Properly, ‘‘ the Nemeseia,”’ a festival celebrated every year on the fifth day of the month Boedromion (September). 12

AGAINST SPUDIAS, 11-14

advanced a mina of silver and expended it on her father’s behalf for the feast of the dead,? the de- fendant refuses to contribute his share even of this ; nay, what he has received he keeps ; of other items he receives his due portion ; but these claims he thus openly refuses to meet.

Now that these matters too may not be left neglected, (to the clerk) take, please, the depositions regarding them all.

Tue DeEpositTions

It may well be, men of the jury, that Spudias will make no statement to meet these facts; for he will not be able to do so, clever though he is; but will accuse Polyeuctus and his wife, and will declare that they did all these things under my influence and as favours to me, and that he is being greatly injured in many other respects, and has brought action against me ; for this is what he undertook to say before the arbi- trator also. But for my part, men of the jury, in the first place I do not think that a defence of that sort is legitimate, or that it is proper, when one is manifestly shown to be in the wrong, for him to shift the charges and have recourse to accusation and calumny; nay, for his counter-charges, if he is suffering any wrong, he will plainly receive satisfaction, but for the claims made on him, he will give it. For how could I now defend myself against the slanders of these men, if I passed over the matters upon which you are to give your verdict ? In the next place I wonder, if he had true and just demands to make, why it was that, when our friends wished to settle our differences, and many conferences were held, he could not abide by their decision. And yet who could better have exposed

13

_ bo

—

3

10

[1088]

17

DEMOSTHENES

~ ’ ~ > / \ \ y+ > > / τῶν ἐμῶν ἐγκλημάτων τὰ μηδὲν ὄντ᾽ ἐξήλεγξαν τῶν παραγεγενημένων ἅπασι τούτοις, τῶν εἰδότων - ¢€ ~ ~ ~ οὐδὲν ἧττον ἡμῶν τὰ γενόμενα, τῶν κοινῶν ἀμφο- ’ὔ \ / »” > \ ~ [2 J τέροις καὶ φίλων ὄντων; ἀλλὰ δῆλον ὅτι τούτῳ ΓΕ > > > / ~ € > ΕῚ ~ > ταῦτ᾽ οὐκ ἐλυσιτέλει, φανερῶς ὑπ᾽ αὐτῶν ἐξελεγ- χομένῳ τοῦτον τὸν τρόπον λαβεῖν διάλυσιν: μὴ γὰρ ΕΣ 9 Ss ” / A > / “ οἴεσθ᾽, ὦ ἄνδρες δικασταί, τοὺς εἰδότας ἅπαντα ταῦτα, νυνὶ μὲν ὑποκινδύνους αὑτοὺς καθιστάντας > \ “ / > μὴ 3 / ΝΜ ἐμοὶ μαρτυρεῖν, τότε δ᾽ ἂν ὀμόσαντας ἄλλο τι ~ \ b} ~ b} \ > 5 > \ A γνῶναι περὶ αὐτῶν. οὐ μὴν ἀλλ᾽ εἰ Kal μηδὲν ~ - > » ΄ τούτων ὑπῆρχεν ὑμῖν, οὐδ᾽ ὡς χαλεπόν ἐστι γνῶναι περὶ αὐτῶν, ὁπότεροι τἀληθῆ λέγουσι. περὶ μὲν A ~ 3 / 5 \ ε 9, > ~ / / yap τῆς οἰκίας, εἰ φησὶν ὑπ᾽ ἐμοῦ πεισθέντα [odv- εὐκτον προστάξαι τοὺς ὅρους στῆσαι τῶν χιλίων, ἰλλ᾽ ) ὃ / A A / ” 3 ΝΣ ἀλλ᾽ οὐ δήπου καὶ τοὺς μάρτυρας ἔπεισα, ὦ Σπου- δία, ψευδῆ μοι μαρτυρεῖν, τοὺς παραγενομένους , ὅτ᾽ ἠγγύα μοι, τοὺς εἰδότας ἔλαττόν με κομισά- ~ » , μενον, τοὺς ἀκούοντας ὁμολογοῦντος ὀφείλειν ἐμοί, συστήσαντος ἀποδοῦναι, τοὺς τὸ τελευταῖον ταῖς διαθήκαις παραγενομένους: τούτοις γὰρ ἅπασιν » / / af? ε ~ > δ οὐκέτι καταχαρίσασθαι ταῦθ᾽ ὑπῆρχεν, ἀλλὰ κινδυ- νεύειν τῶν ψευδομαρτυριῶν, εἰ μηδὲν τῶν γενο- - ~ ,ὔ γι» Ὁ) μένων μαρτυροῖεν. ἀφῶμεν τοίνυν τοῦτ᾽ ἤδη. \ > ~ A / nv / > ~ A a πρὸς ἐκεῖνο δὲ τί av λέγοις; ἀκριβῶς yap ὅπως \ VA > A / / ες - 5 a> τουτουσὶ διδάξεις" εἰ δὲ μή, πάντες ὑμεῖς ἀπαιτεῖτ ΕῚ / a A ly / ~ αὐτόν. ὅτε γὰρ [Πολύευκτος διετίθετο ταῦτα, παρῆν μὲν ἡ τούτου γυνή, καὶ δῆλον ὅτι τὰς τοῦ 14.

AGAINST SPUDIAS, 14-17

the baselessness of claims advanced by him or by me than those who were present at all these transactions, who knew the facts as well as we did ourselves, and who were impartial friends of us both? But this was plainly not to the interest of my opponent—that he should be openly convicted by our friends and find a settlement in this way. For do not imagine, men of the jury, that men who know all these facts, and who now at their own risk are giving testimony in my favour, would then, when they had been put under oath, have formed a different conclusion about them. However, though you had none of these facts to aid you, even so it is ‘not difficult to form an opinion as to which of the two parties is speaking the truth. For regarding the house, if he maintains that Polyeuctus was induced by me to order that mortgage-pillars be set up for the thousand drachmae, yet surely, Spudias, I did not use my influence to induce the witnesses to give false testimony in my interest,— witnesses who were present when he betrothed to me his daughter, who knew that I received less than the entire marriage portion, who heard him when he acknowledged that he was in my debt and also when he had introduced Leocrates as the one who should make payment, and who finally were present when the will was made. For with all these persons it was no longer a question of favouring me in these matters, but of risking a charge of giving false testimony, if they deposed to what was not the truth. Let us, then, have no more of that matter; but what will you say to this, Spudias? And see that you give these gentlemen a precise answer. If he does not, do you all demand it of him. For, when Polyeuctus gave these directions in his will, the defendant’s wife

15

_

5

DEMOSTHENES

\ / > / »Μ > » A A πατρὸς διαθήκας ἀνήγγειλεν, ἄλλως τ᾽ εἰ καὶ μηδὲν " s > > ’ [2 Φ ~ /¢ ἴσον εἶχεν, ἀλλ᾽ ev ἅπασιν ἠλαττοῦτο, παρεκλήθη

> eo ~

δ᾽ αὐτὸς οὗτος, ὥστε μηδὲ τοῦτ᾽ εἶναι λέγειν,

ε / A 4 / τ᾿ / ws λάθρᾳ Kat διακρυψάμενοι τούτους ἐπράττομεν ταῦτα: παρακαλούμενος γὰρ ἔφησεν αὐτὸς μὲν ἀ- σχολίαν ἄγειν, τὴν δὲ γυναῖκ᾽ ἐξαρκεῖν τὴν αὑτοῦ 18 παροῦσαν. τί ἔτι λοιπόν; ἀπαγγείλαντος ᾽᾿Αρι- στογένους αὐτῷ περὶ ἁπάντων τούτων ἀκριβῶς,

Ψ > > af? , / / / of οὐδ᾽ ἐνταῦθ᾽ οὐδένα φαίνεται λόγον ποιησάμενος, 5 5 > / A ~ ~ / ~ ἀλλ᾽ ἐπιβιόντος μετὰ ταῦτα τοῦ Ἰ]ολυεύκτου πλεῖν a“ /, > € / ” 9 9 / 3 \ δὴ ἃ Ὁ ἢ πένθ᾽ ἡμέρας, οὔτ᾽ ἠγανάκτησεν εἰσελθὼν οὔτ 3 - 5 / 399 ε ͵7ὕ ah} > 5 ΄ ἀντεῖπεν οὐδέν, οὐδ᾽ ἡ γυνή, παροῦσ᾽ ἐξ ἀρχῆς oa / a > , / / > A ἅπασι τούτοις. ὥστ᾽ οὐκέτι [Πολύευκτος αὐτὰ Α 9 \ y, > τ ” > > ε - πεισθεὶς ἐμοὶ κατεχαρίζεθ᾽ ὡς ἔοικεν, ἀλλ᾽ ὑμεῖς αὐτοί. ταῦτα τοίνυν, ὦ avdpes δικασταί, μεμνη- ~ ~ ~ A μένοι σαφῶς, ἐὰν apa τι περὶ αὐτῶν ἐγχειρῇ νυνὶ

διαβάλλειν, ἀντίθετε.

~ > CARS) 3 a > 5 ~ a ~ \

Πρῶτον δ᾽ ἵν᾽ εἰδῆτ᾽ ἀκριβῶς ὅτι τοῦτον Tov τρόπον ἔχει, τῶν μαρτύρων ἀκούσατε. λέγε. MAPTYPES

19 Οὐκοῦν, ὦ ἀνδρες δικασταί, TOV μὲν χιλίων dpay- μῶν ὡς δικαίως καὶ προσοφειλομένων ἀπετίμησέ [1034] μοι τὴν οἰκίαν ὁ [loAvevKtos, αὐτὸς οὗτός μοι μαρτυρεῖ καὶ ἡ τούτου γυνὴ πρὸς τοῖς ἄλλοις τού- τοις τοῖς μεμαρτυρηκόσι, συγχωροῦντες τότε καὶ οὔτε πρὸς τὸν [Πολύευκτον ἀντειπόντες ἐπιβιόντα τοσαύτας ἡμέρας, οὔτε πρὸς τὸν ᾿Αριστογένην, ἐπεὶ

16

AGAINST SPUDIAS, 17-19

was present, and you may be sure that she reported to him the will of her father, especially if he did not receive an equal share, but was at a disadvantage in all respects ; and the defendant himself was invited to be present, so that it is not open to him to say that we managed this in secret and kept them in the dark. For although he was invited to be present, he said that he was busy himself, but that it would be enough if his wife were there. What more would you have ? When Aristogenes gave him an exact account of all these matters, even then he made no comment, and though Polyeuctus lived on more than five days after this, he neither showed any vexation on going to the house, nor made any protest, nor did his wife, who was present from the first on all these occasions. It would appear, then, that Polyeuctus was not induced by me to favour me in these matters ; the act was your own. Keep these facts, then, clearly in your minds, men of the jury, and if he now tries to make any slanderous statements about the matter, con- front him with them.

But first, that you may be fully assured that matters are as I have stated, hear the witnesses. (To the clerk.) Read.

THe WITNESSES

Well then, men of the jury, in the matter of the one thousand drachmae, to prove that Polyeuctus mortgaged the house to me honestly, and for an existing debt, I have the testimony of my opponent himself and his wife in addition to these other wit- nesses whose depositions have been put in ; for they concurred at the time, and made no objection either to Polyeuctus who lived so many days after, or to

VOL, II (6 17

18

20

21

22

[1035] 23

DEMOSTHENES

τάχιστ᾽ ἤκουσαν. ἀλλὰ μὴν εἴ ye δικαίως ἀπετι- μήθη, μεμνημένοις τοῦ νόμου κατὰ μὲν τοῦθ᾽ ὑμῖν οὐκ ἔστιν ἀποψηφίσασθαι Σπουδίου. σκέψασθε δὲ καὶ περὶ τῶν εἴκοσι μνῶν, ἃς οὐκ ἐπαναφέρει" καὶ γὰρ ἐνταυθοῖ πάλιν αὐτὸς οὗτός μοι μέγιστος ἔσται μάρτυς, οὐ λόγῳ μὰ A’ ὥσπερ νῦν ἀντιδικῶν (τουτὶ μὲν γὰρ οὐδὲν τεκμήριόν ἐστιν), ἀλλ᾽ ἔργῳ περιφανεῖ. τί ποιῶν, ὦ ἄνδρες δικασταί; τούτῳ γὰρ ἤδη προσέχετε τὸν νοῦν, ἵν᾽ ἐὰν apa τολμᾷ τι καὶ περὶ τῆς μητρὸς τῶν γυναικῶν βλασφημεῖν ἢ περὶ τῶν γραμμάτων, εἰδότας ὑμᾶς μὴ δύνηται λέγων ἐξαπατᾶν.

Ταυτὶ γὰρ τὰ γράμματα κατέλιπε μὲν ἡ ]ολυ- εύκτου γυνή, καθάπερ εἶπον ὀλίγῳ πρότερον: ὁμο- λογουμένων δὲ τῶν σημείων καὶ παρὰ τῆς τούτου γυναικὸς καὶ παρὰ τῆς ἐμῆς, ἀμφότεροι παρόν- τες ἀνοίξαντες ἀντίγραφά τ᾽ ἐλάβομεν, κἀκεῖνα πάλιν κατασημηνάμενοι παρ᾽ ᾿ΑἈριστογένει κατ- εθέμεθα. τοῦτο δὴ τοῦτ᾽, ὦ ἄνδρες δικασταί, μάθετε πρὸς θεῶν. ἐνῆσαν μὲν γὰρ αἱ δύο μναῖ, ἡ τιμὴ τοῦ οἰκέτου, καὶ οὐ μόνον ὁ [loAvevKTOS ἀπο- θνήσκων ταύτας ἐνεκεκλήκειν, ἐνῆσαν δ᾽ at χίλιαι καὶ ὀκτακόσιαι. ταῦτα δ᾽ ἀναγνούς, εἰ μὲν αὐτῷ μηδὲν προσῆκε μηδ᾽ ἀληθῆ τὰ γεγραμμέν᾽ ἦν, τί δή ποτ᾽ οὐκ εὐθὺς ἠγανάκτει περὶ αὐτῶν; τί δὲ συνεσημαίνετο πάλιν τὰ μηδὲν ὑγιὲς ὄντα μηδ᾽ ἀληθῆ γράμματα; τουτὶ γὰρ οὐδ᾽ ἂν εἷς δήπου μὴ πᾶσιν ὁμολογῶν τοῖς γεγραμμένοις ποιήσειεν. ἀλλὰ μήν, ὦ ἄνδρες δικασταί, τοῦτό γε δεινὸν δήπου, εἰ πρὸς τὰ συγκεχωρημέν᾽ ὑπ᾽ αὐτῶν τούτων ἐξέσται

18

AGAINST SPUDIAS, 19-23

Aristogenes, when they first heard of the will. But assuredly, if the house was honestly mortgaged, it is impossible for you, if you bear the law in mind, to

acquit Spudias as to this part of the case. Now con- :

sider also the matter of the twenty minae, which he does not bring into the account ; for in this again the defendant himself will be my strongest witness—not by words, heaven knows, such as he utters now in opposing my suit—words are a criterion of no worth— but by manifest act. By doing what, men of the jury ? To this I bid you now to give close heed, in order that, if he really dares to utter any slanders about the mother of our wives or about the docu- ments, your knowledge of the facts may make it impossible for him to deceive you by his talk.

These papers were left by the wife of Polyeuctus, as I just now said. The seals being acknowledged both by the defendant’s wife and by mine, we both, being present, broke them and took copies, and then sealed up the papers again, and deposited them in the hands of Aristogenes. Now, note this, men of the jury, note this, I beg of you. There was in the papers mention of the two minae, the price of the slave—and it was not only Polyeuctus on his death-bed who had made this claim—and there was mention of the eighteen hundred drachmae. When he read this, if what was written did not concern him at all and was untrue, why pray did he not at once protest about it? Why did he join in sealing again papers which were false and of no worth? This of course no one in the world would do, if he did not concur in all that was written. But surely, men of the jury, this is an outrageous thing if these men are to be per- mitted now to dispute matters to which they have

19

bo oO

24

25

[1036] 2

DEMOSTHENES

~ > / \ \ “ Cie By ” / νῦν ἀντιλέγειν, Kal μηδὲν σημεῖον ὑμῖν ἔσται, διότι πάντες ἄνθρωποι πρὸς τὰ μήτ᾽ ἀληθῆ μήτε δικαια τῶν ἐγκλημάτων οὐ κατασιωπᾶν, ἀλλὰ παραχρῆμ᾽ 5 “- ἌΡ \ / A a > “ ἀμφισβητεῖν εἰώθαμεν, μὴ ποιήσαντες δὲ ταῦτ᾽, av ὕστερον ἀντιδικῶσι, πονηροὶ καὶ συκοφάνται δο- κοῦσιν εἶναι. ταῦτα τοίνυν Σπουδίας οὐδὲν ἧττον > ~ 2 > > s \ \ > / ἐμοῦ γιγνώσκων, ἀλλ᾽ οἶμαι μὲν καὶ ἀκριβέστερον, ὅσῳ καὶ πυκνότερον ἐνταυθοῖ παρέρχεται, πᾶσιν > / - / ¢ “ / > > / ἐναντία τοῖς πεπραγμένοις ἑαυτῷ λέγων οὐκ αἰσχύ- νεται. καίτοι πολλάκις ὑμεῖς ἕν μόνον σκευώρημα συνιδόντες, τούτῳ κατὰ τῶν ἄλλων τῶν ἐγκαλου-

/ ? fg / 7 > a > ¢ yj? μένων ἐχρήσασθε τεκμηρίῳ: τούτῳ δ᾽ ἅπανθ᾽ ὑφ

ς A 7 > / αὑτοῦ συμβέβηκεν ἐξελέγχεσθαι.

Kai μοι λαβὲ τὴν μαρτυρίαν ὡς ὡμολογεῦτο τότε τὰ σημεῖα τῶν γραμμάτων ὑπὸ τῆς τούτου γυ- ναικός, καὶ νῦν ὑπὸ Σπουδίου κατασημανθέντα κεῖται.

MAPTYPIA

4, / ~~ “ » ,ὔ Τούτων τοίνυν σαφῶς οὕτως ἀποδεδειγμένων,

¢ ~ A , A ” ~ / /, « / A ἡγοῦμαι μὲν οὐδὲν ἔτι δεῖν πλείω λέγειν: ὁπότε yap καὶ νόμους ἔχω παρασχέσθαι καὶ μάρτυρας ἅπάν- των τῶν εἰρημένων, καὶ τὸν ἀντίδικον αὐτὸν ὁμο-

~ ~ ~ , λογοῦντά μοι, τί δεῖ μακρῶν ἔτι λόγων; ὅμως δ᾽ ἂν ἄρα περὶ τῆς προικὸς ἀγανακτῇ καὶ φάσκῃ

A - Φ - /

πλεονεκτεῖσθαι ταῖς χιλίαις δραχμαῖς, ψεύσεται: οὐδὲν γὰρ ἔχων ἔλαττον ἀμφισβητεῖ πρὸς αὐτάς,

> A / ς Ἂν γι 9 - ~ »” ᾽ὔ » \ ᾿ ἀλλὰ πλέον, ὡς αὐτίχ᾽ ὑμῖν ἔσται φανερόν. οὐ μὴν

20

AGAINST SPUDIAS, 23-26

themselves given assent, and you are to find no basis for judgement in the fact that all of us are wont, when charges are made against us that are unjust and un- true, not to keep silent, but to dispute them on the spot, and that those who do not do this, if they contest them subsequently, are accounted rascals and tricksters. Now Spudias knows this as well as I, and I think even better, inasmuch as he comes oftener before your court, yet he feels no shame in saying things that contradict all that he has himself done. And yet full often when you become conscious of one single piece of fraud, you treat it as evidence against the other charges; but the defendant is found to have been convicted by himself of falsehood on every point.

Take, please, the deposition, proving that the seals of the papers were acknowledged at the time by the wife of the defendant, and that the papers are now deposited, sealed by Spudias.

Tue DeEposITIoNn

Since, then, these facts have been so convincingly :

established, there is no further need, I think, of more words. For when I am able to produce both laws and witnesses in support of everything that I have said, and also admissions made in my favour by my opponent himself, what further need can there be for a long argument ? However, if Spudias perchance waxes indignant about the marriage portion and maintains that he is being defrauded to the amount of one thousand drachmae, he will be lying. For, while he disputes my claim to this sum, he has re- ceived not less, but more, as will presently be made

bo

Ou

clear to you. Nay more, even if all these statements 26

21

27

DEMOSTHENES

ἀλλ᾽ εἰ πάντα ταῦθ᾽ ὡς ἀληθῶς συνέβη, οὐ δήπου δίκαιον ἐμὲ τὴν ὁμολογηθεῖσαν προῖκα μὴ λαβεῖν, εἴπερ ὄφελός τι τῶν νόμων ἐστίν, οὐδέ γε τὸν Πολύευκτον, εἰ τῶν θυγατέρων ἐβούλετο τῇ μὲν > / “ \ UY ΣΝ) > ~ ἐλάττω, TH δὲ πλείω προῖκ᾽ ἐπιδοῦναι, διακωλυ- θῆναι νῦν: σοὶ γὰρ αὐτῷ μὴ λαμβάνειν ἐξῆν, ὦ LUrovdia, μὴ προστιθεμένων ὥσπερ ἐμοὶ τῶν χιλίων. > > b) \ ” s « > \ / ἀλλ᾽ οὐδὲν ἔλαττον εἶχες, ws ἐγὼ διδάξω. ~ > 3.1.9 cs > / / \ \

Πρῶτον δ᾽ ἐφ᾽ οἷς ἐξέδοτο τούτῳ, λαβὲ τὴν

μαρτυρίαν. MAPTYPIA

~ oo 9, \ ” ” / > / Πῶς οὖν οὐδὲν ἔλαττον ἔχει, φήσει τις, εἰ τούτῳ μὲν ἐν ταῖς τετταράκοντα μναῖς ἐνετιμᾶτο τὰ if \ \ ¢€ / ~ / > \ 3 « / χρυσία Kal Ta ἱμάτια τῶν χιλίων, ἐμοὶ δ᾽ αἱ δέκα A / ~ μναῖ χωρὶς προσαπεδίδοντο; τοῦτο δὴ Kat μέλλω λέγειν. ὁ μὲν γὰρ Σπουδίας, ὦ ἄνδρες δικασταί, ~ Uj παρὰ τοῦ Λεωκράτους ἔχουσαν τὰ χρυσία Kal τὰ ς ὧν \ Ae e ¢ / ἱμάτια τὴν γυναῖκ᾽ ἔλαβεν, dv ὁ [Πολύευκτος προσ- / ~ / ~ μ᾿ , bl \ > απέτεισε TH Λεωκράτει πλεῖν ἢ χιλίας: ἐγὼ δ᾽, ἅπερ ἔπεμψέ μοι χωρὶς τῆς προικός, ὅσ᾽ ἔχω μόνον, > ~ πρὸς τὰ τούτῳ δοθέντ᾽ ἐὰν ἀντιθῇ τις, εὑρήσει ~ > A παραπλήσια, χωρὶς τῶν els Tas χιλίας ἀποτιμη-

tf σ΄ » > /, > A ἣν A 28 θέντων. ὥστ᾽ εἰκότως ἐν ταῖς τετταράκοντα μναῖς

ἐνετιμᾶτο ταῦθ᾽, ἅπερ ἀπετετείκει τῷ Λεωκράτει καὶ πλείω τῶν ἐμοὶ δοθέντων ἦν.

Καί μοι λαβὲ πρῶτον μὲν τὴν ἀπογραφὴν ταυτηνὶ καὶ λέγ᾽ αὐτοῖς, ἅπερ ἑκάτερος ἡμῶν ἔχει, μετὰ δὲ ταῦτα τὴν τῶν διαιτητῶν μαρτυρίαν, ἵν᾽ ἴδωσιν ὅτι 22

AGAINST SPUDIAS, 26-28

of his were indeed true, it is not just, I take it, if the laws are good for anything, that I should lose the marriage portion which was promised me, or that Polyeuctus, if he chose to give a smaller portion to one daughter and a larger to the other, should now be thwarted. For it was open to you, Spudias, not to marry his daughter, unless the thousand drachmae were given to you as well as to me. However you received no less than I, as I shall show.

(To the clerk.) But, first, take the deposition which shows on what terms the lady was given to him.

Tue Deposition

But how can it be that he has received as much as I, one may ask, if in his case the jewelry and the apparel, to the value of a thousand drachmae, were reckoned in the forty minae, while to me the ten minae were paid separately and in addition? This is precisely what I am going to explain. For Spudias, men of the jury, received his wife from Leocrates with the jewelry and apparel on which Polyeuctus set a value to Leocrates of more than a thousand drachmae, while in my case, if you set what was sent to me over and above the marriage portion—all that

27

I have in my possession—over against what was —

given to Spudias, you will find them practically equal. over and above what was reckoned in the thousand drachmae ; so that it was only fair that these articles should be included in the forty minae, seeing that Polyeuctus had charged them against Leocrates, and they were more than had been given me.

(To the clerk.) Now please take this inventory and read to the jurymen what each of us has in his posses- sion; after that, read the deposition of the arbitrators,

2s

28

DEMOSTHENES

\ ~ / / a. αν ὁ \ a / ¢ Kal πολλῷ πλείω χρήματ᾽ ἔχει, καὶ περὶ τούτων ὃ Λεωκράτης ἐνεκάλει, καὶ ταῦτ᾽ ἔγνωσαν ot διαιτη-

/ / ταί. λέγε.

[1037] ΑΠΟΓΡΑΦΗ. MAPTYPIA

δ᾿ 3 > > A - \ ” , 29 “Ap οὖν od φανερῶς οὗτος μὲν ἔχει τετταρά- κοντα μνᾶς πάλαι τὴν προῖκα, ἐγὼ δὲ τὰς μὲν

/ / « \ \ / > / τριάκοντα καθάπερ οὗτος, Tas δὲ χιλίας οὐ μόνον

“ 5» > / > \ \ \ / ὕστερον οὐκ ἐκομισάμην, ἀλλὰ καὶ νυνὶ κινδυνεύω

\ > ~ ¢ > / ” \ ~ /

περὶ αὐτῶν ws ἀδίκως ἔχων; διὰ ταῦτα μέντοι Σπουδίας, ὦ ἄνδρες δικασταί, τοῖς φίλοις οὐκ ἐβούλετ᾽ ἐπιτρέψας ἀπαλλαγῆναι τῶν πρὸς ἔμ᾽ ἐγκλημάτων, ὅτι συνέβαινεν αὐτῷ πάντα ταῦτ᾽ ἐλέγχεσθαι: πᾶσι γὰρ τούτοις παραγεγενημένοι καὶ

~ 5 / , > / μ᾿ > ~ / a σαφῶς εἰδότες, οὐκ ἐπέτρεπον ἂν αὐτῷ λέγειν ὅ τι ΄ > ς “- > ” / > ~ > ~ τύχοι" παρ᾽ ὑμῖν δ᾽ οἴεται ψευδόμενος ἐμοῦ τἀληθῆ

/ / / \ ae > ~ 30 λέγοντος περιγενήσεσθαι. καίτοι περὶ ὧν ἐγκαλῶ,

Ro fio ἘΞ Do? A ε ar > 5 eZ πάνθ᾽ ὑμῖν ἀπέδειξα σαφῶς, ws οἷός τ᾽ ἦν αὐτός.

\ 3 227 - ” > e ΄ > τοὺς δ᾽ εἰδότας οὗτος ἔφευγεν, οὐχ ἡγούμενος εἶναι

/ \ / > + / παραλογίσασθαι. μὴ τοίνυν, ὦ ἄνδρες δικασταί, μηδ᾽ ὑμεῖς ἐπιτρέπετ᾽ αὐτῷ ψεύδεσθαι καὶ διαβάλ- λειν, μεμνημένοι τῶν εἰρημένων: ἴστε γὰρ πάνθ᾽ « > / \ ” / > \ \ > / ὡς ἐγένετο, πλὴν εἴ τι παρέλιπον ἐγὼ πρὸς ὀλίγον

ὕδωρ ἀναγκαζόμενος λέγειν.

24

AGAINST SPUDIAS, 28-30

that they may see that Spudias has received even far more than I, and that Leocrates made complaint re- garding this, and that the arbitrators rendered this decision.

Tue Inventory. THe Derposirion

Is it not plain, then, that the defendant has long

had in his possession forty minae as his wife’s marriage , 5 fo}

portion, whereas I received the thirty minae, just as he did, but not only did not receive the thousand drachmae, but am now actually in jeopardy regarding them, charged with possessing them wrongfully. It was for this reason, men of the jury, that Spudias would not leave to our friends the settlement of his claims against me, since the result would have been that all these falsehoods of his would have been exposed, for they had been present at all these trans- actions and knew all about them, and would therefore not have permitted him to say whatever he pleased ; whereas in your court he thinks that by his falsehoods he will get the better of me and my statement of the truth. And yet I have set forth to you clearly all my charges, as well as I could do it myself, while my opponent evaded coming before those acquainted with the facts thinking that he would be unable to lead them astray. Do not you, then, men of the jury, do not you any more than they suffer him to have recourse to lies and calumnies, but bear in mind what you have heard; for you know all the facts of the case, unless perhaps I have omitted something, since I have been forced to speak with but scant water in the water-clock.

29

30

AGAINST PHAENIPPUS

INTRODUCTION

Tuis speech, while it is so commonplace in character that few have been inclined to attribute it to Demo- sthenes, is nevertheless of interest and importance because of the light which it throws upon the curious provision of Athenian law which offered relief to a person who felt that he was unfairly burdened with public duties, such as the trierarchy, and that another, whose means were more ample than his own, should more properly be called upon to render the service in question. In such a case the former person might demand that the latter should undertake the public service in his stead, or else exchange properties with him.

The plaintiff in the present suit, whose name is nowhere mentioned, was evidently one of the wealthy citizens of Athens. He had for some time been a member of the select group of three hundred who paid taxes at the highest rate, and who might in case of need be called upon to pay the entire tax in advance, but it appears that he had suffered financial reverses, and in particular had been obliged to pay the state three talents as the liabilities of a mining venture. He therefore sought relief under the law, and named as the proper person to assume the burden in his place a certain Phaenippus, a member of the prosperous agricultural class, who had moreover

28

AGAINST PHAENIPPUS

inherited two estates, both of such value that the holders had been called upon to render public service. Phaenippus, however, denied his liability, and the question of an exchange of estates had therefore to be settled. Each party was naturally required to give to the other an inventory of all that he possessed, and each had the right to inspect the property of the other in order to make sure that nothing was withheld or subsequently withdrawn,

The plaintiff charges that the property of Phaenippus far exceeded his own, but that the latter had in various dishonest ways sought to conceal its value. He had delayed the trial, had withheld his inventory, and had even gone so far as to break the seals which the plaintiff had placed on the doors of his farm house and to carry off grain, timber and wine, and had posted notices of a non-existent mort- gage upon his property. <A further statement made by the plaintiff is to the effect that Phaenippus had heretofore evaded the performance of public duties, while himself living in luxury.

Phaenippus brought counter-charges against the plaintiff, insisting that he had omitted from his inven- tory his mining properties. This was in conformity with Athenian law, for the mines, while leased to individuals, remained the property of the state, and were not subject to the property tax ; but the plaintiff expresses his readiness to include the mining property in his estate, if Phaenippus will give his land free from the pretended encumbrances, and will restore what he has fraudulently removed from it.

This speech is discussed by Schaefer, iii.? pp. 280 ff., and Blass, iii. pp. 505 ff.

29

[1039]

eit ΠΡΟΣ ΦΑΙΝΙΠΠΟΝ ΠΕΡῚ ANTIAOZEQE

\ > \ , a 5 πον, , a Πολλὰ κἀγαθὰ γένοιτ᾽, ὦ ἄνδρες δικασταί, πρῶ- τον μὲν ὑμῖν ἅπασιν, ἔπειτα δὲ καὶ Σόλωνι τῷ νομοθετήσαντι τὸν περὶ τῶν ἀντιδόσεων νόμον. εἰ - « - ~ ~ aA μὴ yap οὗτος ἡμῖν σαφῶς διώρισε, τί πρῶτον δεῖ ποιεῖν τοὺς ἀντιδεδωκότας καὶ τί δεύτερον καὶ τἄλλα δ᾽ ἐφεξῆς, οὐκ οἷδ᾽ ὅποι προῆλθεν ἂν ἡ του- τουὶ Φαινίππου τόλμα, ὅπου γε καὶ νῦν ἅπαντα ταῦτα προλέγοντος ἡμῖν τοῦ νόμου, ὅμως οὐδὲν φροντίσας τῶν ἐν αὐτῷ γεγραμμένων δικαίων, ἀντὶ μὲν τοῦ τριῶν ἡμερῶν ἀφ᾽ ἧς ὥὦμοσε τὴν ἀπόφασιν δοῦναί μοι τῆς οὐσίας τῆς αὑτοῦ κατὰ τὸν νόμον, ἢ > A 5.9, > / ~ 3) 7 ~ ~ εἰ μὴ τότ᾽ ἐβούλετο, TH γ᾽ ἕκτῃ δοῦναι τοῦ Βοηδρο- μιῶνος μηνός, ἣν δεηθείς μου ἔθετο καὶ ἐν ἡ ¢ / / \ > », ~) Uf / ὡμολόγησε δώσειν τὴν ἀπόφασιν, οὐδέτερα τούτων ἐποίησεν, ἀλλὰ καταφρονήσας ἀμφοτέρων, καὶ ἡμῶν καὶ τοῦ νόμου, δευτέρῳ μηνὶ δέδωκε, δυοῖν ἢ τρισὶν ἡμέραις πρότερον τῆς εἰς τὸ δικαστήριον εἰσόδου, \ > »” Ὁ“ > > \ a) / > \ \ τὸν δ᾽ ἄλλον ἅπαντ᾽ ἐκποδὼν ἦν χρόνον: ἀντὶ δὲ

« The month Boedromion corresponds to the latter half of September and the prior half of October.

30

XLII

AN UNKNOWN PLEADER AGAINST PHAENIPPUS IN THE MATTER OF AN EXCHANGE OF PROPERTIES

I rnvokE many blessings, men of the jury, first upon all of you, and then also upon Solon, who estab- lished the law about the exchange of estates. For if he had not clearly defined for us what is the first thing to be done by those who have offered an ex- change, and what the second, and so on in due order, I do not know to what lengths the audacity of this man Phaenippus would have gone, when even as it is, notwithstanding that the law prescribes all these things for us, he has nevertheless disregarded its just provisions, and instead of giving me the inventory of his property as the law prescribes within three days after he took the oath, or if he did not wish to do so then, giving it at least on the sixth day of the month Boedromion,? which date was fixed upon at his re- quest, and on which he promised to deliver the inventory, he did neither the one thing nor the other, but, showing contempt both for me and for the law, he has delivered his inventory a month later, only two or three days before the case was brought into court, and all the rest of the time has kept him-

31

bo

9

[1040]

DEMOSTHENES

~ \ a? IA ~

τοῦ τὰ σημεῖ ἐᾶν τῶν οἰκημάτων ἃ παρεση-

yA 20 \ > > \ 3 / \ A 5

μηνάμην, ἐλθὼν εἰς ἀγρὸν ἀνέῳξε καὶ τὰς κριθὰς

> / \ A LA > / /

ἐξεφόρησε καὶ τἄλλα, ὥσπερ ἐξουσίαν δεδωκότος ᾿ ~ ~ / a“

αὐτῷ τοῦ νόμου ποιεῖν ὅ τι ἂν βούληται καὶ μὴ ὡς

δί / > b] \ > io Μ ,ὔ σ΄ ἰκαιόν ἐστιν. ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, ἥδιστα \ > 5 a

μὲν ἂν ἐμαυτὸν εἶδον εὐτυχοῦνθ᾽ ὥσπερ πρότερον ~ / \ 7 > > a

τῇ οὐσίᾳ καὶ μένοντ᾽ ἐν τοῖς τριακοσίοις: ἐπειδὴ δὲ \ A ~ ~ > “-

τὰ μὲν τῆς κοινῆς ἀτυχίας μετασχὼν τοῖς ἄλλοις - > / > aA ” A 2) 90. Ἢ /

Tots ἐργαζομένοις ἐν τοῖς ἔργοις, τὰ ὃ ἰδίᾳ μεγά-

᾽

λαις περιπεπτωκὼς ζημίαις ἀπολώλεκα τὴν οὐσίαν, \ \ ~ A ~

καὶ TO τελευταῖον νυνί με δεῖ τῇ πόλει τρία τάλαντα

A / καταθεῖναι, τάλαντον κατὰ τὴν μερίδα (μετέσχον / > ~

γάρ, ws μή ποτ᾽ ὦφελον, κἀγὼ τοῦ δημευθέντος

μετάλλου), ἀναγκαῖόν ἐστιν εἰς τὴν ἐμὴν τάξιν

πειρᾶσθαι καθιστάναι τὸν οὐ μόνον ἐμοῦ νῦν ὄντα

πλουσιώτερον, ἀλλὰ καὶ πρότερον, καὶ οὐδεπώποτ᾽ ᾽ὃ \ λ λ K “θ᾽ ec a δ᾽ >] / ~

οὐδὲν λελῃτουργηκόθ' ὑμῖν οὐδ᾽ εἰσενηνοχότα τῇ

> ε - or

πόλει. δέομαι οὖν ὑμῶν ἁπάντων, ὦ ἄνδρες δικα-

σταί, ἐὰν ἐπιδεικνύω Φαίνιππον τουτονὶ καὶ παρα-

βεβηκότα τὰ ἐν τοῖς νόμοις δίκαια καὶ πλουσιώ-

τερον ὄντ᾽ ἐμαυτοῦ, βοηθῆσαί μοι καὶ τοῦτον εἰς

τοὺς τριακοσίους ἀντ᾽ ἐμοῦ καταστῆσαι: διὰ τοῦτο

γὰρ οἱ νόμοι καθ᾽ ἕκαστον ἔτος ποιοῦσι τὰς ἀντι-

δόσεις, ὅτι τὸ διευτυχεῖν συνεχῶς τῇ οὐσίᾳ, οὐ

α Kach of the ten Athenian tribes reported a list of its wealthiest citizens to the number of 120. The resulting body of 1200 was divided into four groups of 300 each (for the division into symmories, see note on vol. i. p. 10), and these groups, being made up of the richest citizens, naturally bore the heaviest burdens, and in times of crisis might be called upon to advance the entire amount of money required. See

32

AGAINST PHAENIPPUS, 2-4

self out of sight; and instead of leaving untouched the seals which I had put upon the buildings, he went into the country, opened the buildings, and carried off the barley and other things, just as if the law had granted him the privilege of doing whatever he pleases, and not what is right. For my part, men of 3 the jury, I should be most happy to see myself enjoy- ing the material prosperity which was mine before, and remaining in the group of the Three Hundred,* but since, partly through having to share in the mis- fortunes common to all those who are engaged in mining works, and partly through having met heavy reverses in my private business, I have lost my estate, and now at the last must pay three talents to the state, a talent for each share (for I too was a partner, as I wish I had not been, in the confiscated mine),? I am compelled to try to substitute in my place a man who is not only richer than I am now, but was richer even before my losses, and who has never borne any state services, nor made any contribution to the state. I therefore beg of you all, men of the 4 jury, that, if I prove that Phaenippus here has both transgressed the just provisions of the law and is a richer man than myself, you will succour me, and appoint him in the list of the Three Hundred in my stead ; for it is on this account that the laws every year provide for the tendering of exchanges, because to enjoy unbroken prosperity is not wont to be the

Boeckh, Publ. Econ., Book IV, chapter xiii., and Gilbert, Gk. Const. Ant. pp. 368-374 (English Trans.).

> The mine had apparently been taken over by the state because of non-payment of the rental, and to recover posses- sion the lessees had to make the payment specified. On the general subject of the mining business in ancient Athens see Oration XXXVII in vol. i. with the Introduction and notes.

VOL. II D 33

DEMOSTHENES

πολλοῖς τῶν πολιτῶν διαμένειν εἴθισται. ἐξ ἀρχῆς » aA δ᾽ ὑμῖν ἅπαντα τὰ γενόμενα περὶ τὴν ἀντίδοσιν διηγήσομαι. ~ A ~ 7 > ΕΝ ὅ Tod γὰρ Μεταγειτνιῶνος μηνός, ὦ ἄνδρες δι- κασταί, τῇ δευτέρᾳ ἱσταμένου, ἐποίουν of στρατηγοὶ τοῖς τριακοσίοις τὰς ἀντιδόσεις. ἐν ταύταις ἐκά- λεσα κατὰ τὸν νόμον Φαίνιππον τουτονί. καλέσας δὲ καὶ παραλαβὼν τῶν οἰκείων τινὰς καὶ φίλων, > f. / / 3 > \ > A b) ~ \ ἐπορευόμην KvOnpove εἰς τὴν ἐσχατιὰν αὐτοῦ. Kal πρῶτον μὲν περιαγαγὼν τὴν ἐσχατιὰν πλέον ἢ σταδίων οὖσαν “τετταράκοντα κύκλῳ, ἔδειξα καὶ διεμαρτυράμην ἐ ἐναντίον Φαινίππου, ὃ ὅτι οὐδεὶς ὅρος ἔπεστιν ἐπὶ τῇ ἐσχατιᾷ' εἰ δέ φησιν, εἰπεῖν ἐκέλευον αὐτὸν ἤδη καὶ δεῖξαι, ὅπως μὴ ὕστερον ἐνταῦθα 6 χρέως γενόμενον ἀναφανήσεται. ἔπειτα παρεση- μηνάμην τὰ οἰκήματα, καὶ τοῦτον ἐκέλευον εἰς τἀμὰ βαδίζειν. μετὰ δὲ ταῦτ᾽ ἠρόμην, ὅπου ὁ σῖτος εἴη = \ ὁ ἀπηλοημένος" ἦσαν yap νὴ τοὺς θεοὺς καὶ τὰς / A , 75 “ >) / ~ θεάς, ἄνδρες δικασταί, δύ᾽ ἅλως αὐτόθι, μικροῦ Ld € 7, « > > , / -“ e \ πλέθρου ἑκατέρα. ὁ δ᾽ ἀπεκρίνατό μοι, OTL ὁ μὲν ~ / πεπραμένος εἴη TOU σίτου, ὁ δ᾽ ἔνδον ἀποκείμενος. 7 τέλος δ᾽, ἵνα μὴ μακρολογῶ, καταστήσας φυλάττειν \ ἔνδον τινάς, καὶ νὴ AV ἀπειπὼν καὶ κωλύσας τοὺς ὀνηλάτας μὴ ἐξάγειν τὴν ὕλην ἐκ τῆς ἐσχατιᾶς \ A ~ ὟΝ > 7 x , a 0 ὃ [1041] (πρὸς γὰρ τῇ ἄλλῃ οὐσίᾳ τῇ Φαινίππου, ὦ avdpes δικασταί, καὶ αὕτη πρόσοδος μεγάλη ἐστὶν αὐτῷ" Δ » > > ~ ¢ ~ \ / ἕξ ὄνοι δι’ ἐνιαυτοῦ ὑλαγωγοῦσι, καὶ λαμβάνει

« The month Metageitnion corresponds to the latter half of August and the prior half of September.

ὃ Cytherus was a deme of the tribe Pandionis.

¢ The stade was roughly a furlong.

34

AGAINST PHAENIPPUS, 4-|

permanent fortune of any large number of our citizens. But I will tell you all that has been done regarding the exchange from the very beginning.

On the second day of the month Metageitnion,? 5 men of the jury, the generals appointed a court for the Three Hundred for the tendering of exchanges. Among these I cited this man Phaenippus as the law provides. After citing him, I took some of my friends and relatives, and proceeded to his outlying farm at Cytherus.? And first I led them around the farm, the circuit of which was more than forty stades,° and pointed out to them, and called them to witness in the presence of Phaenippus, that there were no mort- gage-pillars ὁ on the farm, and I bade Phaenippus, if he said there were, to declare it at once and point them out to me, for fear some debt existing against the property might be brought to light later on. Then 6 I sealed the buildings, and bade Phaenippus to pro- ceed to my property. After this I asked him where his threshed grain was, for by the gods and god- desses, men of the jury, there were two threshing- floors there, each one of nearly a plethron in extent.? He answered me that some of the grain had been sold, and that some was stored within. Finally, to make a long story short, I stationed men inside to keep watch, and by Zeus I gave strict orders to the ass-drivers and made them stop carrying off timber from the farm (for in addition to the rest of his property Phaenippus has also this very considerable source of revenue : six asses carry off wood the whole

~]

4 Inscribed pillars were set up to indicate that a piece of property was mortgaged. See Oration XXXI passim.

¢ That is, in diameter. The speaker evidently expected to find large quantities of threshed grain, owing to the size of the threshing floors. The plethron was about 100 feet.

35

DEMOSTHENES

οὗτος πλέον ἢ ἢ δώδεκα δραχμὰς τῆς ἡμέρας), τούτοις ἀπειπών, ὥσπερ λέγω, τῆς ὕλης μὴ ἅπτεσθαι, καὶ ἐπαγγείλας ἐπὶ τὰ ἱερὰ Φαινίππῳ κατὰ τὸν νόμον ἀπαντᾶν, φχόμην͵ ἀπιὼν εἰς ἄστυ.

8 Πρῶτον μὲν οὖν τῶν εἰρημένων τὰς μαρτυρίας ὑμῖν παρέξομαι, ἔπειτα καὶ περὶ τῶν ἄλλων ἀκού- σεσθε πάσας τὰς ἀληθείας: τουτονὶ γάρ, ὦ ἄνδρες δικασταί, Φαίνιππον εὑρήσετ᾽ εὐθὺς ἀπὸ τῆς πρώτης ἡμέρας ἀρξάμενον τοῦ μηδὲν δίκαιον ποιεῖν. παρεσημηνάμην τὰ οἰκήματα, τοῦ νόμου μοι δε-

WKOTOS* οὗτος ἀνέῳξε. καὶ τὸ μὲν ἀφελεῖν τὸ σημεῖον ὁμολογεῖ, TO ὦ ἀνοῖξαι. τὴν θύραν οὐχ ὁμολογεῖ, ὥσπερ ἄλλου τινὸς ἕνεκα τὰ σημεῖ᾽

9 ἀφαιροῦντας, ἢ τοῦ τὰς θύρας ἀνοῖξαι. ἔπειτ᾽ ἀπεῖπον τὴν ὕλην μὴ ἐξάγειν" ἐξῆγεν οὗτος ἁπάσας τὰς ἡμέρας, πλὴν ἐκείνης ἐ ἐν ἧ ἐγὼ ἀπεῖπον. χρέως οὐδ᾽ ὁτιοῦν ὠφείλετ᾽ ἐπὶ τῇ ἐσχατιᾷ' νῦν οὗτος ἀποφαίνει πολλά. ἁπλῶς ποιεῖ ὅ τι ἂν βούληται, οὐχ ὅ τι οἱ νόμοι κελεύουσιν.

Λέγε τὰς μαρτυρίας, “πρῶτον μὲν τὰς περὶ τοῦ μετάλλου, ἔπειτα καὶ τὰς ἄλλας.

MAPTYPIAI

10 “A μὲν τοίνυν εὐθὺς τῇ πρώτῃ ἡμέρᾳ μετὰ τὰς ἀντιδόσεις ἤρξατό με Φαίνιππος ἀδικεῖν, ἀκηκόατ᾽,

ὦ ἄνδρες ᾿Αθηναῖοι, καὶ ἐμοῦ καὶ τῶν μαρτύρων.

τὰ δὲ μετὰ ταῦτα γεγενημέν᾽ οὐκέτ᾽ εἰς ἐμὲ μόνον

ll αὐτῷ ἡμάρτηται, ἀλλὰ καὶ εἰς τοὺς νόμους, ὑπὲρ

11049] ὧν ὑμῖν ἅπασι σπουδαστέον ἐ ἐστίν. ὀμόσας γὰρ τῇ

ἑνδεκάτῃ τοῦ Βοηδρομιῶνος μηνὸς ἀποφανεῖν ὀρθῶς

« Kyidently for the purpose of taking the oath. 36

AGAINST PHAENIPPUS, 7-11

year through, and he receives more than twelve drachmae a day). I forbade the ass-drivers, as I said, to touch the wood, and after giving notice to Phaenippus to attend the sacrifice,* as the law com- mands, I went back to the city.

First, now, I will produce for you the depositions 8 substantiating what I have said, and then you shall hear the entire truth about the other aspects of the case. For you will find, men of the jury, that this fellow Phaenippus began from the very first day to act in utter disregard of right. I sealed the buildings, as the law permitted me; he opened them. And he acknowledges that he removed the seal, but does not acknowledge that he opened the door, as if men removed the seals for any other purpose than to open the doors. Then I had forbidden that wood should be 9 carried off ; he carried it off every day except that on which I τ the order. There was no debt charged against the farm; he now reports a number of debts. In a word, he does just what he pleases, not what the laws bid him do.

(To the clerk.) Read the depositions, first those concerning the mine, and then the others as well.

Tue DeposirTions

The wrongs, therefore, which Phaenippus began to 10 do to me beginning with the very first day after the tendering of the exchanges, you have heard, men of Athens, both from myself and from the witnesses; but the things which he did after this have been offen- ces, not against me only, but also against the laws, to the defence of which you are all bound to rally. For 11 although he had sworn on the eleventh of the month Boedromion to give me a true and just inventory of

37

DEMOSTHENES

\ ,ὔ A > / ~ / / / Kal δικαίως τὴν οὐσίαν, τοῦ νόμου διαρρήδην λέ- ~ ¢ ~ Ε] e 5) γοντος τριῶν ἡμερῶν ἀφ᾽ ἧς av ὀμόσῃ διδόναι τὴν 3 / > AES, \ A ~ ἀπόφασιν, ἐδεῖτό μου προσελθὼν πρὸ τῶν δικα- / A 4, ~ /, τ eZ στηρίων μετὰ ἸΠολυεύκτου τοῦ Kpiwéws καὶ ἑτέρων τινῶν, πρῶτον μὲν περὶ διαλύσεως συνελθεῖν αὑτῷ" πάντα γάρ μοι τὰ δίκαια ποιήσειν" ἔπειτα τὴν ἀπό- ~ > / > / \ \ [ / φασιν τῆς οὐσίας ἀναβαλέσθαι μὴ πολλὰς ἡμέρας" 12 οὐ γὰρ ἀγνοεῖν μου τὰ πράγματα. ἡγησάμενος δ᾽ ἐγὼ καὶ μετρίου καὶ ἀπράγμονος εἶναι πολίτου, μὴ > εὐθὺς ἐπὶ κεφαλὴν εἰς τὸ δικαστήριον βαδίζειν, > / / A A ~ \ \ ΄, ἐπείσθην (τί γὰρ δεῖ μακρολογεῖν;) τὴν μὲν σύν- \ \ ~ ͵ὔ “ > / ,ὔ οδον τὴν περὶ τῶν διαλύσεων τῇ ὀγδόῃ φθίνοντος τοῦ Βοηδρομιῶνος μηνὸς ὁμολογῆσαι ποιήσασθαι, \ > > / ~ > / ~ .“ / τὴν δ᾽ ἀπόφασιν τῆς οὐσίας TH ἕκτῃ φθίνοντος. “- , τυχὼν δὲ τούτων ἀμφοτέρων παρ᾽ ἐμοῦ Φαίνιππος, 9.95 > € / ~ ¢€ ~ > ,ὔ 3 > > > οὐδ᾽ εἰς ἑτέραν τῶν ἡμερῶν ἀπήντησεν: ἀλλ᾽ ἀνθ CaN ΄ὔ / ¢ \ ¢€ ~ / ν ἑνὸς δύο νόμους ἥκει πρὸς ὑμᾶς παραβεβηκώς, ἕνα “- ~ > DA μὲν Tov κελεύοντα τριῶν ἡμερῶν ad’ ἧς av ὀμόσῃ τὴν οὐσίαν ἀποφαίνειν, ἕτερον δὲ τὸν κελεύοντα , Φ A \ > / e / Δ Ἃ κυρίας εἶναι τὰς πρὸς ἀλλήλους ὁμολογίας, ἃς ἂν 13 ἐναντίον ποιήσωνται μαρτύρων. καίτοι, ὦ ἄνδρες ~ ει > δικασταί, Tis οὐκ οἶδεν ὑμῶν, ὅτι ὁμοίως ἢ T ἐν ~ e A τῷ νόμῳ γεγραμμένη κυρία ἐστὶν ἡμέρα, καὶ ἡ ὑπὸ τῶν ἀντιδίκων συγχωρηθεῖσα; πολλάκις γὰρ ἔν τε A ~ « / ε / τοῖς νόμοις γεγραμμένης τριακοστῆς ἡμέρας ἑτέραν A A / ~ ἡμῖν αὐτοῖς συγχωρήσαντες ἐθέμεθα, mapa τε ταῖς a / [1043] ἀρχαῖς ἁπάσαις Kal δίκας Kal κρίσεις ἀναβάλλονται 38

AGAINST PHAENIPPUS, 11-13

his property, and the law expressly declares that the inventory shall be given within three days after one takes the oath, he came up to me in front of the court- rooms with Polyeuctus of Crioa® and some others, and begged me, first to have a conference with him regarding a settlement, assuring me that he would do everything that was right ; and, secondly, to put off the declaration regarding the property for a few days only (for he said he understood my position). I, on my part, thinking it was becoming to a good citizen who wished to avoid quarrels not to rush headlong into court, was persuaded (for why should I multiply words ?) to consent that the conference regarding a settlement should take place on the twenty-third of the month Boedromion, and the declaration regarding the property on the twenty-fifth.? Yet, although he had obtained both his requests from me, Phaenippus did not present himself on either of these days ; instead, he now appears before you as one who has transgressed two laws instead of one ;—first, that which declares that the inventory shall be presented within three days after that on which one takes the oath, and, secondly, that which declares that mutual covenants, agreed upon in the presence of witnesses, shall be binding. Yet, men of the jury, who among you does not know that the day fixed by law and that agreed upon by the contending parties are equally binding ? Why, very often, although the thirtieth day is appointed by law, we fix upon another by mutual agreement ; and in all the offices the magis- trates put off trials and judgements for the contestants,

« Crioa was a deme of the tribe Antiochis. > Literally the 8th and the 6th of the last group of ten days in the month, which was counted backward.

39

DEMOSTHENES

τοῖς ἀντιδίκοις οἱ ἄρχοντες συγχωρησάντων ς ἐκείνων ἀλλήλοις" ὧν εἴ τις ἄκυρον ἡγήσαιτο δεῖν εἶναι τὴν πρὸς ἀλλήλους ὁμολογίαν, μισήσαιτ᾽ ἂν αὐτὸν ὡς

14 ὑπερβάλλοντα συκοφαντίᾳ. Φαίνιππος τοίνυν, ὧσ- περ τοῦ νόμου προστάττοντος μηδὲν ποιεῖν ὧν ἂν ὁμολογήσῃ τις, ἀπ᾽ “ἐκείνης τῆς ἡμέρας, ad’ ἧς ὡμολόγησεν ἐπί τε τὰς διαλύσεις ἀπαντήσεσθαι καὶ τὴν ᾿ἀπόφασίν μοι τὴν αὑτοῦ δώσειν καὶ τὴν πα ἐμοῦ λήψεσθαι, οὐδεπώποτ᾽ ἀπήντησεν" ἀλλ᾽ ἐγὼ μὲν ἐπειδὴ τοῦτον ἑώρων οὐ προσέχοντά μοι τὸν νοῦν οὐδὲ τοῖς νόμοις, εἰς τὸ στρατήγιον ἔδωκα τὴν ἀπόφασιν, οὗτος δ᾽, ὅπερ καὶ μικρῷ πρότερον εἶπον, πρώην ἔδωκέ μοι βιβλίον, οὐδὲν ἄλλο βουλό- μενος, ἢ δοκεῖν μὲν δεδωκέναι τὴν ἀπόφασιν, μὴ ἔχειν δέ με τοῖς ἐν αὐτῇ γεγραμμένοις ὅ τι χρή-

15 Cora χρὴ δ᾽, ὦ ἄνδρες δικασταί, μὴ. τοῖς ἰσχυρο- τέραν νομίζουσι τῶν νόμων τὴν αὑτῶν βδελυρίαν εἶναι, πλέον τούτοις τοῦ δικαίου νέμειν" εἰ δὲ μή, πολλοὺς ποιήσετε τοὺς καταγελῶντας. τῶν ἐν τοῖς νόμοις δικαίων γεγραμμένων: ἀλλ᾽ ἐκείνοις βοηθεῖν, οἵτινες ἂν τὴν τῶν νόμων φωνὴν ὑμετέραν εἶναι νομίζωσι, καὶ τὴν ἡμέραν ταύτην, τὴν εἰς τὸ δικαστήριον, ὑπὲρ τῶν ἠδικημένων εἶναι, μὴ τῶν ἠδικηκότων.

16 Λέγε τῶν ἀρτίως εἰρημένων τὰς μαρτυρίας καὶ τοὺς νόμους.

MAPTYPIAI. ΝΌΜΟΙ

~ y 84. WM / δ id \

Τοιαῦτα τοίνυν, ὦ ἄνδρες δικασταί, πεπονθὼς ὑπὸ

\

Φαινίππου, ἀπεγραψάμην πρὸς τοὺς στρατηγοὺς ταυτηνὶ τὴν ἀπογραφήν. λέγε.

[1044] ΑΠΟΓΡΑΦΗ 40

AGAINST PHAENIPPUS, 13-16

when these have come to a mutual agreement ; and if anyone should hold that the agreement thus entered upon was to be of no effect, you would despise him as a cheat without equal. Well then, Phaenippus, just as though the law enjoined that one should do nothing that one had agreed to, from the day on which he promised to meet me for a settlement and to give me an inventory of his property and receive from me one of mine, never put in an appearance ; but I, when I saw that he was paying no heed to me or to the laws, gave in my inventory at the office of the generals, whereas Phaenippus, as I said a moment ago, gave me a paper only the other day with no other purpose than that he might appear to have given me his inventory, but that I should be unable to make any use of its contents. But, men of the jury, you should not grant more than their due to those who hold their own shamelessness to be stronger than the laws; if you do, you will multiply the numbers of those who mock at the just provisions of the laws. No; you should succour those who regard the voice of the laws as your voice, and the day appointed for coming into court as established in the interest of those who have been wronged, not of those who have done wrong.

(To the clerk.) Read the depositions in support of what I have just said, and the laws.

Tue Depositions. Tue Laws

Having, then, been thus treated by Phaenippus, men of the jury, I reported to the generals the following inventory of my property. (To the clerk.) Read.

Tue INVENTORY 41

--

6

17

18

19

[1046]

DEMOSTHENES

~ Δι Μ \ ~ ~ Πῶς οὖν ἄλλως, πρὸς τῶν θεῶν καὶ δαιμόνων, ὦ » / > (A Cla a / ἄνδρες δικασταί, ἐπιδεικνύειν ὑμῖν δεῖ Φαίνιππον 7 vy ~ ἔνοχον ὄντα τοῖς ἀνεγνωσμένοις, ἢ ὅνπερ τρόπον > \ ~ > / > > “ ἌΣ > / ἐγὼ νῦν ἐπιδεικνύω; ἀλλ᾽ ὅμως ἔμ᾽ ἀντεγράψατο / \ > Φαίνιππος μὴ δικαίως ἀποφαίνειν τὴν οὐσίαν: οὕτω \ \ ~ / “- / TO πρὸς ὑμᾶς ψεύδεσθαι τοῖς τοιούτοις ῥᾷδιόν ἐστι" καὶ κατηγορεῖ τοῦ ὅρκου, ὃν ὥμοσα πρὸ τῆς ἀπο- / ~ ~ φάσεως, λέγων ὅτι πλὴν τῶν ἐν τοῖς ἔργοις ὑπε- > “- σχόμην ἀποφανεῖν τὴν ἄλλην οὐσίαν, ὥσπερ τὸ κατὰ τοὺς νόμους ὀμνύειν, τοῦτ᾽ ἄξιον κατηγορίας ὄν. ε Ὡς >” > > rye κι \ ” ὑμεῖς δ᾽ ἴστ᾽, ὦ ἄνδρες δικασταί (ὑμεῖς yap ἔθεσθε) \ / Δ / “ / \ 9 > TOV νόμον, ὃς διαρρήδην οὕτω λέγει, τοὺς δ᾽ ἀντιδι- / > » “ > / > / A δόντας ἀλλήλοις, ὅταν ὀμόσαντες ἀποφαίνωσι τὴν οὐσίαν, προσομνύειν τόνδε τὸν ὅρκον “᾿ ἀποφανῶ / ~ ~ \ τὴν οὐσίαν τὴν ἐμαυτοῦ ὀρθῶς Kal δικαίως, πλὴν - - A ¢ / τῶν ἐν τοῖς ἔργοις τοῖς ἀργυρείοις, ὅσα ol νόμοι 5 ~ / }) ~ \ / \ /, ἀτελῆ πεποιήκασιν. μᾶλλον δὲ λέγε τὸν νόμον oo e > / > \ \ αὐτόν. μικρὸν μὲν οὖν ἱκετεύω ἐπίσχες. ἐγὼ yap καὶ πρότερον προὐκαλεσάμην Φαίνιππον, καὶ νῦν, >» , , > 4: \ we ὦ ἄνδρες δικασταί, δίδωμ᾽ αὐτῷ δωρειὰν καὶ ad- a / ~ >? - ίσταμαι μετὰ τῆς ἄλλης οὐσίας καὶ τῶν ἐν Tots > / ἔργοις, ἐάν μοι τὴν ἐσχατιὰν μόνην ἐλευθέραν ~ > > ~ cP > παραδῷ, ὥσπερ ἦν ὅτ᾽ ἐγὼ τὸ πρῶτον ἦλθον εἰς 55 > ~ αὐτὴν μετὰ μαρτύρων, καὶ ἐάν, ὃν ἐξῆχεν ἐκ TOV > / A \ s \ y+ > \ > \ οἰκημάτων σῖτον καὶ οἶνον Kal TaAAa, ἀφελὼν ἀπὸ ~ ~ A ~ > τῶν θυρῶν τὰ σημεῖα, ταῦτα πάλιν εἰς ταὐτὸ κατα- / \ / / ” \ “ / > > ~ στήσῃ. Kal τί λέγεις ἔτι Kal Bods; πόλλ᾽ ἐκ τῶν ~ / / ἔργων τῶν ἀργυρείων ἐγώ, Φαίνιππε, πρότερον ~ ~ ΄σ A >? / αὐτὸς τῷ ἐμαυτοῦ σώματι πονῶν Kal ἐργαζόμενος / ¢ ~ \ \ \ SAU συνελεξάμην: ὁμολογῶ. νυνὶ δὲ πλὴν ὀλίγων

42

AGAINST PHAENIPPUS, 17-20

How else, then, in the name of the gods and 17

divinities, men of the jury, should one prove that Phaenippus is liable under the laws which have been read, than precisely in the way in which I am proving it? Yet Phaenippus has none the less brought a counter-charge against me that I am not rendering a just inventory of my property ; so easy is it for men of his stamp to make false statements before you ; and he complains of the oath which I took before filing the inventory, asserting that I undertook to report all the rest of my property except that in the mining-works ;—as if to swear according to law were a matter for complaint! But you know the law, men of the jury, for you enacted it, that which expressly makes this provision, that those tendering exchanges to one another, when they under oath report their inventories, shall swear also the following oath: “ I will give a true and honest inventory of my property except that in the silver mines, all of which the laws have made exempt from taxes.” (170 the clerk.) But, rather, read the lawitself. Yet,stop a moment, please. For I made this offer before to Phaenippus, and now again, men of the jury, I tender it freely :—I will sur- render to him all my property including that in the mining works, if he will hand over to me the farm alone free from all encumbrances as it was when I first went to it with witnesses, and will replace as they were before the grain and wine and the other things which he has carried away from the buildings after remoy-

ing the seals from the doors. Why, pray, do you keep :

on talking and crying out? From my silver mines, Phaenippus, I formerly by my own bodily toil and labour reaped a large profit. I confess it. But now I have lost all but a small portion of my gains. You,

43

—

bo

9

21

22

23

DEMOSTHENES

a > > ,ὔ \ > > ~ > ~ ~ ἅπαντ᾽ ἀπολώλεκα. σὺ δ᾽ ἐκ τῆς ἐσχατιᾶς νῦν πωλῶν τὰς κριθὰς ὀκτωκαιδεκαδράχμους καὶ τὸν s / ~ > / > \ οἶνον δωδεκάδραχμον, πλουτεῖς εἰκότως, ἐπειδὰν

~ / ποιῇς σίτου μὲν μεδίμνους πλέον ἢ χιλίους, οἴνου δὲ μετρήτας ὑπὲρ ὀκτακοσίους. ἔτ᾽ οὖν τὴν αὐτὴν ἡμᾶς τάξιν ἔχειν δεῖ, μὴ τῆς αὐτῆς τύχης ἡμῖν παρακολουθούσης νῦν τε καὶ πρότερον; μηδαμῶς" οὐ γὰρ δίκαιον. ἀλλὰ διάδεξαι καὶ σὺ καὶ μετάλαβε μικρὸν χρόνον τῆς τοῦ λῃτουργοῦντος τάξεως, ἐπειδὴ οἱ μὲν ἐν τοῖς ἔργοις ἠτυχήκασιν, ὑμεῖς δ᾽ οἱ γεωργοῦντες εὐπορεῖτε μᾶλλον ἢ προσῆκεν. ἱκανὸν γὰρ χρόνον δύ᾽ οὐσίας καρπούμενος διατελεῖς, τὴν

\ ~ » A K rAAL \ δὲ ~ μὲν τοῦ φύσει πατρὸς Καλλίππου, τὴν δὲ τοῦ

΄- e ποιησαμένου σε, Φιλοστράτου τοῦ ῥήτορος, καὶ οὐδὲν πώποτε τουτοισὶ πεποίηκας. καίτοι ὁ μὲν ἐμὸς πατὴρ πέντε καὶ τετταράκοντα μνῶν μόνων € / > \ \ ~ > ~ \ > / ἑκατέρῳ, ἐμοὶ Kal τῷ ἀδελφῷ, τὴν οὐσίαν κατ- “λ > 9: “Ὁ “ ap 2 (ὃ / > Σ ε δὲ \ / ἔλιπεν, ad’ ἧς ζῆν οὐ ῥᾳδιόν ἐστιν: οἱ δὲ σοὶ πατέρες τοσούτων ἦσαν κύριοι χρημάτων, ὥσθ᾽ ἑκατέρου τρίπους ἀνάκειται, νικησάντων αὐτῶν Διονύσια A ~ A

χορηγούντων. καὶ οὐ φθονῶ: δεῖ yap τοὺς εὐπόρους χρησίμους αὐτοὺς παρέχειν τοῖς πολίταις. σὺ

/ A ~ a / > \ /, τοίνυν δεῖξον χαλκοῦν ἕνα μόνον εἰς τὴν πόλιν ἀνηλωκώς, ὁ τὰς δύο λῃτουργούσας οὐσίας παρ- εἰληφώς. ἀλλ᾽ οὐ δείξεις: ἀποκρύπτεσθαι γὰρ καὶ

/ \ / - > e \ /

διαδύεσθαι Kal πάντα ποιεῖν ἐξ ὧν μὴ λητουργήσεις τουτοισὶ μεμάθηκας. ἀλλ᾽ ἐγὼ δείξω πόλλ᾽ ἀνη- 44.

AGAINST PHAENIPPUS, 20-23

on the contrary, since you sell from your farm your barley at a price of eighteen drachmae and your wine at a price of twelve, are a rich man, naturally, for you make more than a thousand medimni®? of grain and above eight hundred measures” of wine. Ought I, then, to continue in the same class, when the same fortune does not attend me now as formerly ? Do not demand that; it would not be just. No; do you also take your turn and share for a little while in the class that performs public services, since those engaged in mining have suffered reverses while you farmers are prospering beyond what is your due. For a considerable time you have enjoyed the income of two estates, that of your natural father, Callippus, and that of him who adopted you, Philostratus, the orator, and you have never done anything for your fellow-citizens here.© Yet my father left to each of us, my brother and myself, an estate of forty-five minae merely, on which it is not easy to live, while your fathers were possessed of such wealth that each of them set up a tripod in honour of choregic victories at the Dionysia. And I do not begrudge them this, for it is the duty of the wealthy to render service to the state. Do you, therefore, show that you have expended one single copper coin on the state—you, who have inherited

two estates which performed public services. But :

you cannot show it, for you have learned secrecy and evasion and how to do everything to escape rendering service to your fellow-citizens here. But

* The medimnus was roughly equivalent to a bushel and a half.

» The metretes was roughly equivalent to nine gallons.

¢ i.e. the members of the jury.

21

bo ew

DEMOSTHENES

/ € A A » ,ὔ ‘ \ ~ λωκώς, ὁ τὴν μικρὰν οὐσίαν παραλαβὼν παρὰ τοῦ πατρός.

~ / ‘ ᾿ς > ~ > / \

Πρῶτον δέ μοι τὸν νόμον ἐκεῖνον ἀνάγνωθι τὸν

~ ~ A \

οὐκ ἐῶντα τῶν ἐν τοῖς ἔργοις οὐδὲν ἀποφαίνειν καὶ τὴν πρόκλησιν, ἔπειτα τὰς μαρτυρίας, ὡς δύ᾽ οἴκων λῃτουργούντων οὑτοσὶ Φαίνιππος κεκληρονόμηκεν.

ΝΟΜΟΣ. ΠΡΟΚΛΗΣΙΣ. MAPTYPIAI

24 “Ev μόνον ἄν τις ἔχοι δεῖξαι τουτονὶ Φαίνιππον / > ε ~ »” / ¢ πεφιλοτιμημένον εἰς ὑμᾶς, ἄνδρες δικασταί: ἵππο- / > / > A / “ / \ τρόφος ἀγαθός ἐστι καὶ φιλότιμος, ἅτε νέος Kal Ἅ, ἈΝ - πλούσιος καὶ ἰσχυρὸς ὦν. τί τούτου μέγα σημεῖον; 5 / ἀποδόμενος τὸν πολεμιστήριον ἵππον καταβέβηκεν > ~ ~ ἀπὸ τῶν ἵππων, Kal ἀντ᾽ ἐκείνου ὄχημ᾽ αὑτῷ τηλικοῦτος ὧν ἐώνηται, ἵνα μὴ πεζῇ πορεύηται" / e ~ a > τοσαύτης οὗτος τρυφῆς ἐστι μεστός. Kal τοῦτ ~ ~ ~ \ ἀπογέγραφέ μοι, τῶν δὲ κριθῶν καὶ τοῦ οἴνου καὶ τῶν ἄλλων τῶν ἐκ τῆς ἐσχατιᾶς γιγνομένων οὐδὲ τὸ / / »” / > > ~ ~ Ὁ / > 25 δέκατον μέρος. ἀξιόν γ᾽ ἀφεῖναι viv αὐτόν ἐστιν, > A » \ / οὶ ~ > 2 A ~ ἐπειδὴ χρήσιμος Kal φιλότιμος Kal TH οὐσίᾳ Kal τῷ σώματι; πολλοῦ γε καὶ δεῖ. καλῶν γὰρ κἀγαθῶν ἐστι δικαστῶν, τοὺς μὲν τῶν πολιτῶν ἐθέλοντας, ὅταν εὐπορῶσι, λῃτουργοῦντας καὶ ἐν τοῖς τριακο- / / σίοις ὄντας ἀναπαύειν, ὅταν τούτου δεόμενοι τυγχά- \ \ / > / - > \ νωσι, τοὺς δὲ νομίζοντας ἀπολλύειν, ὅταν εἰς TO κοινόν τι δαπανήσωσιν, ἄγειν εἰς τοὺς προεισφέρον-

τας καὶ μὴ ἐπιτρέπειν δραπετεύειν. 46

AGAINST PHAENIPPUS, 23-25

I will show that I have expended large sums—lI, who inherited that slender estate from my father. (To the clerk.) Now read me first that law which declares that no mining property shall be included in the inventory, and the challenge and then the depositions proving that this fellow Phaenippus has inherited two estates that performed public services.

Tue Law. Tue CHatLtence. THE DeEposirions

There is one thing only, men of the jury, in which anyone could show that this man Phaenippus has been ambitious of honour from you: he is an able and ambitious breeder of horses,? being young and rich and vigorous. What is a convincing proof of this ? He has given up riding on horseback, has sold his war horse, and in his place has bought himself a chariot— he, at his age !—that he may not have to travel on foot ; such is the luxury that fills him. This chariot he has included in his inventory to me, but of the barley and wine and the rest of the farm-produce not a tenth part. He deserves then, does he not, to be let off now, seeing that he has been so public- spirited and ambitious to serve both with his property and his person? No; far fromit. For it is the duty of honest jurymen to give respite to those citizens, when they have need of such help, who, when prosperous, willingly perform public services and remain in the list of the Three Hundred; but as to those who consider as lost whatever money they spend upon the state, you should bring them into the list of those who make advance contributions, and not suffer them to run away from their duty.

2 Only well-to-do persons in Athens owned horses, and only the wealthy possessed stock-farms.

47

DEMOSTHENES

Λέγε πρῶτον μὲν τὴν μαρτυρίαν, ἔπειτα τὴν ἀπόφασιν αὐτοῦ. MAPTYPIA. ΑΠΟΦΑΣΙΣ

26 “Ka ταῦτα. καίτοι πολλὰ τῶν ἔνδοθεν exdo- ρήσας, ὦ ἄνδρες δικασταί, Φαίνιππος, ἀνοίξας τὰ [1047] παρασεσημασμένα τῶν οἰκημάτων, ὡς ὑμῖν με- μαρτύρηται, καὶ καταλιπὼν ὅσ᾽ ἔδοξεν αὐτῷ, δευτέρῳ μηνὶ τὴν ἀπόφασιν ἔδωκέ μοι τῆς οὐσίας.

ἀλλ᾽ ὅμως ἔα ταῦτα. Λέγε δ᾽ ἐντευθενὶ “ ἐπὶ τούτοις τάδε ὀφείλω.

ΑΠΟΦΑΣΙΣ

, > > 27 Ἐπίσχες. αὕτη ἐστίν, ὦ advopes δικασταί, ἡ 3 / ~ Φ λ / θ / / ὃ \ Aptotoven τοῦ Φιλοστράτου θυγάτηρ, μήτηρ δὲ / 4 / A > / / τουτουί. ταύτῃ χρέως φησὶν ὀφείλεσθαι Φαίνιππος A - ες - ~ τὴν προῖκα, ἧς οἱ νόμοι κύριον τοῦτον ποιοῦσι, \ / a ψευδόμενος Kal οὐ δικαίως χρώμενος TH ἀποφάσει. / an dua τί yap ἐγώ, Φαίνιππε, μενούσης μοι τῆς μητρὸς > A ” \ / \ a? > / ἐν τῷ οἴκῳ καὶ ζώσης καὶ προῖκ᾽ ἐπενεγκαμένης, 5 ΄ A - ~ οὐκ ἀπογράφω τὴν προῖκα χρέως αὐτῇ, οὐδὲ Tapa- A / > ~ ~ κρούομαι τοὺς δικαστάς, ἀλλ᾽ ἐῶ μετέχειν τῶν ~ 7 ἐμαυτοῦ τὴν μητέρα, ἄν τε τὴν Φαινίππου av τε τὴν “ / » ε ~ ἐμαυτοῦ ἔχω οὐσίαν; ὅτι ot νόμοι ταῦτα κελεύου- σιν, ὦ βέλτιστε: σὺ δὲ πάντα ποιεῖς παρὰ τοὺς > u νόμους. λέγ᾽ ἕτερον.

a After the death of her husband a woman might return to the house of her κύριος (nearest male relative), or, if there were children, she might live with them in her husband’s

48

AGAINST PHAENIPPUS, 25-27

(To the clerk.) Read first the deposition, and then his declaration.

Tue Deposition. THe DEcLARATION

Enough of that. Yet Phaenippus, men of the jury, opened the rooms that had been sealed and carried off much that was within, as the witnesses have testified to you, leaving behind just what he pleased ; and one month after the law prescribes gave me the declaration regarding his property. Nevertheless, enough of that.

(To the clerk.) Read from the words, “‘ Upon this property I owe the following debts.”’

Tue DeEcLARATION

Stop reading. This Aristonoé, men of the jury, is :

the daughter of Philostratus and mother of Phae- nippus. He declares that a debt is owing to her for her marriage portion, but of this the laws make him the owner.“ His statement is therefore false, and he does not make a just declaration. For why is it that I, Phaenippus, while my mother—who brought ite her a marriage portion—is living and dwelling in my house, do at declare the marriage portion as a debt due to her, and thus try to lead the jurymen astray, but permit her to share in all that I have, alike whether it shall prove to be the estate of Phaenippus or my own? Because the laws so command, my good Sir. But all that you do is con- trary to the laws. (To the clerk.) Read on.

house. In this case the marriage portion became the property of her son. In return he was bound to give his mother maintenance, but the portion could not be counted a lien upon his property.

VOL. II E 4.9

26

to .1

28

[1048]

80

DEMOSTHENES

ΑΠΟΦΑΣΙΣ

᾿Ακούετ᾽, ὦ ἄνδρες δικασταί: ΠΠαμφίλῳ φησὶ καὶ Φειδόλεῳ ἱΡαμνουσίοις κοινῇ τάλαντον ἐνοφείλειν καὶ Αἰαντίδῃ Φλυεῖ τετρακισχιλίας καὶ ᾽Αριστο- μένει ᾿Αναγυρασίῳ τέτταρας καὶ δέκα μνᾶς. διὰ τί οὖν, Φαίνιππε, ὅτε μὲν ἐγὼ μάρτυρας ἔχων ἠρώτων σ᾽ εἴ τι ὀφείλεις ἐπὶ τῇ ἐσχατιᾷ, καὶ ἐκέλευον δεῖξαι ὅρον εἴ που ἔπεστι, καὶ διεμαρτυ- ρόμην ὅπως μή μοι ὕστερον κατεσκευασμένοι δανεισταὶ φανήσονται, τότε μὲν οὐδὲν ἀπέφηνας τῶν χρεῶν, ἐπειδὴ δὲ δευτέρῳ μηνὶ τὴν ἀπόφασιν ἔδωκάς μοι, τοῦ νόμου κελεύοντος τριῶν ἡμερῶν, νῦν ἥκουσι δανεισταὶ καὶ ὀφειλήματα πλέον ἢ τριῶν ταλάντων; ὅτι, ὦ βέλτιστ᾽, οὐδὲν ἄλλο κατα- σκευάζεις, ἢ ὅσονπερ κοινῇ γέγονέ μοι πρὸς τὴν πόλιν ὄφλημα, τοσοῦτο καὶ σοὶ ἰδίᾳ νῦν εἶναι. ὅτι δ᾽, ὦ Φαίνιππε, ψεύδῃ καὶ ἐπιωρκηκὼς ἥκεις πρὸς τούτους, ἤδη φανερῶς ἐλέγξω.

Λαβέ μοι, γραμματεῦ, τὴν τοῦ Αἰαντίδου καὶ Θεοτέλους μαρτυρίαν, οἷς οὗτος ἀπογέγραφεν ὀφεί- λονθ᾽ αὑτὸν τετρακισχιλίας δραχμὰς ψευδόμενος καὶ πάλαι ἀποδεδωκώς, οὐχ ἑκών, ἀλλὰ δίκην

ὀφλών. λέγε. MAPTYPIA

RY > » / \ a ~ πειτ᾽, ἄνδρες δικασταί, τὸν οὕτω καταφανῶς > a > ,ὔ

ἐν ἅπασιν ἀδίκως πεποιημένον τὴν ἀπόφασιν, καὶ

« Rhamnus was a deme of the tribe Aeantis. » Phlyus was a deme of the tribe Cecropis. © Anagyrus was a deme of the tribe Erectheis.

AGAINST PHAENIPPUS, 28-30

Tue DeEcLARATION

You hear, men of the jury. He declares that 28 he owes upon the land to Pamphilus and Pheidoleus of Rhamnus®@ jointly a talent, and to Aeantides of Phlyus ® four thousand drachmae, and to Aristo- menes of Anagyrus ἡ fourteen minae. Why, then, Phaenippus, when I asked you in the presence of witnesses whether you owed anything on your farm, and bade you show me the pillar of mortgage, if one were set up anywhere upon it, and adjured you not to have any fictitious creditors to be brought to light later on to my prejudice—why, pray, did you not re- veal any of these debts then? And why, when you have been a month late in giving me your declara- tion, though the law bids that it be given within three days, have creditors and debts for more than three talents now come on the scene? Because, my : good Sir, it is merely this that you are contriving, that you may now have private debts equal in amount to the public debt which I have incurred to the state. But that your statement is false, Phaenippus, and that you have come before these gentlemen as a perjured man, I shall straightway prove beyond all question.

Please, clerk, take the deposition of Aeantides and Theoteles to whom this fellow has declared that he owes four thousand drachmae. His declaration is false, and he long ago paid the debt, not willingly, but after a judgement had been secured against him.

Read.

bo Je}

Tue DeEpositTIon

Well, then, men of the jury, when a man has made 30 out a declaration that is so manifestly false in all 51

91

[1049]

DEMOSTHENES

/ ~ / μήτε τῶν νόμων φροντίσαντα μηδέν, ot διωρίκασιν > A - ἐν οἷς δεῖ τὴν ἀπόφασιν ποιεῖσθαι χρόνοις, μήτε τῶν ἰδίων ὁμολογιῶν, ἃς ὁμοίως ὑπολαμβάνομεν ἰσχυράς, χωρὶς δὲ τούτων ἀνεῳχότα τὰ σημεῖα τῶν οἰκημάτων καὶ ἐκπεφορηκότα τὸν σῖτον καὶ τὸν οἶνον ἔνδοθεν, πρὸς δὲ τούτοις τὴν ὕλην τὴν τετμη- μένην πεπρακότα μετὰ τὴν ἀντίδοσιν, πλέον ἢ τριάκοντα μνῶν οὖσαν ἀξίαν, καὶ τὸ πάντων μέγι- στον, χρέα ψευδῆ κατεσκευακότα τῆς ἀντιδόσεως ἕνεκα, τοῦτον δικαίως ψηφιεῖσθε πεποιῆσθαι τὴν cee μηδαμῶς, ὦ ἄνδρες δικασταί. ποῖ γὰρ τραπέσθαι δεήσει διαμαρτόντα τῆς ὑμετέρας γνώμης, ὅταν οἱ πλούσιοι καὶ μηδὲν ὑμῖν πώποτε χρήσιμοι γεγενημένοι, πολὺν καὶ σῖτον καὶ οἶνον ποιοῦντες καὶ τοῦτον τριπλασίας τιμῆς ἢ πρότερον διατιθέμενοι, πλεονεκτῶσι παρ᾽ ὑμῖν; ὃ μηδαμῶς

\ / > 3 σ \ ~ ΄ νυνὶ γενέσθω, ἀλλ᾽ ὥσπερ καὶ κοινῇ πᾶσι βεβοη- θήκατε τοῖς ἐν τοῖς ἔργοις ἐργαζομένοις, οὕτω καὶ ἰδίᾳ βοηθήσατέ μοι νῦν. καὶ γὰρ εἰ οἰκέτης ὑμῶν, μὴ πολίτης ἦν, ὁρῶντες av μου τὴν φιλεργίαν καὶ τὴν εἰς ὑμᾶς εὔνοιαν, ἀνεπαύσατ᾽ ἄν με τῶν ἀναλω-

/ Ae. \ A / ~ yy "Μ μάτων καὶ ἐπὶ τὸν δραπετεύοντα τῶν ἄλλων ἤλθετε. τὸν αὐτὸν τρόπον, ἐπειδὰν ἀποτείσω τὰ τρία

΄, 3 ς - Δ > \ > ΄, > / / τάλανθ᾽ ὑμῖν ἃ ὦφλον καὶ ἀναλάβω ἐμαυτόν, πάλιν ἀναπαύσαντες τῶν τεταλαιπωρηκότων ἕτερον ἐπ᾽ We? - ~ > ΝΜ ¢ / “. e ~ ἔμ᾽ ἥξετε: νῦν δ᾽ ἄφετε, ἱκετεύω πάντας ὑμᾶς, ΕΣ / \ \ / > > \ / ἄνδρες δικασταί, καὶ Ta δίκαι᾽ εἰρηκὼς δέομαι

~ \ / - ~

βοηθῆσαί μοι καὶ μή pe περιελαθέντα περιϊδεῖν

On ΄, ΤΟ τοῦτων.

52

AGAINST PHAENIPPUS, 30-32

points and has shown no regard for the laws which define the time within which the declaration must be made out, or to the private agreements which we hold to be equally binding; when besides this he has opened the seals of the buildings and carried off the grain and wine from within, and furthermore has after the offer to exchange sold the cut timber to the value of more than thirty minae ; and when (worst of all) he has concocted false debts for the purpose of the exchange—will you decide by your votes that this man has made a just declaration ? Surely not, men of the jury. For where is one to turn if he fails of a verdict from you, when men of wealth who have never been of any service to you, who produce large quantities of grain and wine and dispose of this at three times its former price, have an advantage in your courts? Let not this happen now, I beg of you; but, as you have given public aid to all those engaged in mining, so now give aid to me as a private citizen. For, if I had been your slave and not a citizen, seeing my industry and my goodwill toward you, you would have given me respite from my expenditures and would have turned to one of the rest who was running away from his duty. In the same manner, when I shall have paid the three talents for which I became liable to you, and shall have recovered my losses, you will relieve some other person among those in distress and turn tome. But for the present discharge me, men of the jury, I beg of you all ; and since I have spoken only what is just, I implore you to come to my aid, and not to suffer me to be harried by these men.

53

AGAINST MACARTATUS

INTRODUCTION

A certain Hagnias, of Oeon, a man of considerable wealth, was sent out from Athens on an important embassy, was captured with his companions by the Lacedaemonians, and by them put to death. He left no children, but had adopted a niece who died while still a minor.

Under a will which the court held to be spurious his estate was claimed by his half brothers Glaucus and Glaucon, sons of his mother and Glaucetes, whom she had married, whether before her marriage with his father Boiron or after the latter’s death, does not appear. (For the complicated family relationships the reader is referred to the annexed table.) A counter-claim was put in by Eubulides II, who was the first cousin of Hagnias (the son of Phylomaché I, who was own sister to Polemon). This Eubulides appears to have died before the case was settled, but after the rejection of the spurious will the property was awarded to his daughter Phylomaché II. She, then, as an ἐπίκληρος with a rich marriage portion, was claimed in marriage by Sositheus, who was the son of a female first cousin of her father.

Another suit was then instituted, regarding which there is much obscurity, inasmuch as the accounts given us by Pseudo- Demosthenes and by Isaeus (in Oration VII, On the Estate of Hagnias) disagree, and

57

DEMOSTHENES

both have plainly suppressed important facts. Ac- cording to the speech before us there were five claimants, Phylomaché II, Theopompus (whose re- lationship to Hagnias was so remote that he had no shadow of right to the estate), Glaucus and Glaucon, and a certain Eupolemus. It is contended by the writer of our speech, as so often by Athenian pleaders, that the other four contestants had entered into a conspiracy to defraud Phylomaché of her rights. Neither he nor Isaeus makes any mention of the fact that Glaucus and Glaucon were far nearer of kin to Hagnias than any of the others. In any case the propérty was awarded to Theopompus, and in the argument stress appears to have been laid on the claim that Polemon never had a sister Phylomaché I, the alleged grandmother of Phylomaché II. Our writer is therefore at pains to bring forward evidence to prove that Phylomaché I was no myth, but in very truth the own sister of Polemon.

At the death of Theopompus the estate passed to his son Macartatus, and thereupon Sositheus, the husband of Phylomaché II, made a new attempt to recover the property. He had his second son, Fubulides III, a minor, entered in the clan of Eubuli- des II, his maternal grandfather, and recorded as the latter’s adopted son, his older brother Sosias being designated as his guardian. ‘This action, if allowed, would make Eubulides III a legitimate heir, as the son of a first cousin of the deceased. Sosias then summoned Macartatus to trial to determine the right of inheritance. Sositheus, the father, in the speech before us pleads for his minor son, maintains that the decision rendered by the former court was won by the conspiracy formed against him, insists that

58

Sister Glaucetes= οἱ | Stratius |

Glaucus Glaucon

To face page 58.

Buselus

Hagnias I eli I Stratius 1 Cleocritus Habron Granddaughter | | | =Polemon Phylomaché I= Philagrus Callistratus = a of Buctemon Phanostratus Charidemus Apolexis of Prospalta daughter | abron | | |

Hagnias 11 daughter Eubulides 11 daughter daughter Stratius II Stratocles Theopompus = daughter Macartatus | Chaereleos daughter (whose estate | (married (1) Polemon (married to is in question) = (2) Glaucetes) Callistratus)

daughter Phylomaché IL = Sositheus Macartatus 11

(adopted by | (the defendant)

Hagnias 11)

Hubulides 111 (the plaintiff)

Sosias

AGAINST MACARTATUS

Phylomaché IT had proved her right to the property when she won the suit against Glaucon and Glaucus. and dwells at length on the laws and on the religious observances performed by her branch of the family as being nearest of kin to Hagnias. The outcome of the suit is not known.

The speech, despite its pompous tone, possesses much interest, though it is universally regarded as the work of some lesser speech-writer and not of Demosthenes.

The reader may profitably consult Schaefer, iii.? pp. 229 ff., and Blass, iii. pp. 540 ff.

59

[1051]

3

ΧΙΜΠΙῚ

ΠΡΟΣ MAKAPTATON ΠΕΡῚ ΑΓΝΙΟΥ KAHPOY

᾿Επειδὴ καὶ πρότερον ἀγῶνες ἐγένοντο ἡμῖν, ὦ ἄνδρες δικασταί, πρὸς τοὺς αὐτοὺς τούτους περὶ τοῦ κλήρου τοῦ ᾿Αγνίου, καὶ οὐδὲν παύονται παρα- νομοῦντες καὶ βιαζόμενοι, ὥστ᾽ ἐκ παντὸς τρόπου τὰ μὴ προσήκονθ᾽ ἑαυτοῖς ἔχειν, ἀνάγκη ἴσως ἐστὶ τὰ πραχθέντ᾽ ἐξ a ἀρχῆς διηγήσασθαι: ὑμεῖς τε γάρ, ὦ “ἄνδρες δικασταΐ, ῥᾷον παρακολουθήσετε ἅπασι τοῖς λεγομένοις, καὶ οὗτοι ἐπιδειχθήσονται οἷοί εἰσιν ἄνθρωποι, καὶ ὅτι πάλαι “ἤδη ἀρξάμενοι οὐδὲν παύονται κακοτεχνοῦντες καὶ οἰόμενοι δεῖν δια- πράττεσθαι 6 τι ἂν ἐπέλθῃ τούτοις. δεόμεθα οὖν ὑμῶν, ὦ ἄνδρες δικασταί, εὐνοϊκῶς ἀκροάσασθαι τῶν λεγομένων καὶ παρακολουθεῖν προσέχοντας τὸν νοῦν. πειράσομαι δὲ κἀγὼ διδάσκειν ὡς ἂν οἷός τε ὦ σαφέστατα περὶ τῶν πεπραγμένων.

Τουτουὶ γὰρ τοῦ παιδὸς ἡ μήτηρ, ὦ ἄνδρες δικα- σταΐ, γένει οὖσα ἐγγυτάτω ᾿Αγνίᾳ τῷ ἐξ Οἴου, ἐπεδικάσατο τοῦ κλήρου τοῦ ᾿Αγνίου κατὰ τοὺς νόμους τοὺς ὑμετέρους: καὶ τῶν τότε ἀμφισβητη-

α There were two demes bearing the name Oeon, one

60

XLII

SOSITHEUS AGAINST MACARTATUS, IN REGARD TO THE ESTATE OF HAGNIAS

Since we have had suits before now, men of the jury, against these same men regarding the estate of Hagnias, and they do not cease from their lawless and violent conduct, endeavouring by hook or crook to keep what does not belong to them, it is perhaps necessary to set forth all that has been done from the beginning ; for you, men of the jury, will thus more easily follow the course of the whole argument, and these men will be exhibited in their true character, and you will see that they began long ago and still continue to play their tricks, and to think that they may do whatever occurs to them. We therefore beg of you, men of the jury, to listen to our arguments with goodwill, and to follow with close attention. And I, on my part, will endeavour to give you the clearest information I can concerning the facts.

The mother of this boy, men of the jury, being the nearest of kin to Hagnias of Oeon,? had the estate of Hagnias adjudged to her accor ding to your laws; and

belonging to the tribe Leontis, the other to the tribe Hippo- thontis.

61

bo

w

DEMOSTHENES

σάντων αὐτῇ τοῦ κλήρου τουτουί, γένει μὲν ὡς ἐγγυτέρω τις εἴη αὐτῶν τῆς γυναικός, οὐδ᾽ ἐ ἐπ- εχείρησεν οὐδεὶς ἀντομόσαι (ὡμολογεῖτο γὰρ παρὰ πάντων τῆς γυναικὸς εἶναι ἡ κληρονομία κατὰ 4 τὴν ἀγχιστείαν), διαθήκας δὲ ψευδεῖς ἧκον κατα- σκευάσαντες Γλαῦκός τε ὁ ἐξ Οἴου καὶ Γλαύκων ὁ ἀδελφὸς αὐτοῦ, καὶ Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου ἐκείνοις συγκατεσκεύαζεν ἅπαντα ταῦτα καὶ ἐμαρτύρει τὰς πλείστας μαρτυρίας. αἱ δὲ διαθῆκαι, ἃς τότε παρέσχοντο, ἐξηλέγχθησαν ψευδεῖς οὖσαι: καὶ οὐ μόνον ἡττήθησαν, ἀλλὰ καὶ πονηρότατοι δόξαντες εἶναι ἀπηλλάττοντο ἀπὸ τοῦ ὅ δικαστηρίου! καὶ ἐπιδημῶν τότε Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου, τοῦ κήρυκος κηρύτ- τοντος, εἴ τις ἀμφισβητεῖν ἢ παρακαταβάλλειν βούλεται τοῦ κλήρου τοῦ ᾿Αγνίου ἢ κατὰ γένος κατὰ διαθήκας, οὐκ ἐτόλμησε παρακαταβαλεῖν, ἀλλ᾽ αὐτὸς ἑαυτῷ ἐδίκασεν ὅτι οὐδαμόθεν αὐτῷ προσ- 6 κεν οὐδὲν τοῦ κλήρου τοῦ ᾿Αγνίου. ἐχούσης δὲ τῆς μητρὸς τοῦ παιδὸς τουτουὶ τὸν κλῆρον, ἐπειδὴ ἐνίκησεν ἐν τῷ δικαστηρίῳ ἅπαντας τοὺς ἀμῴφισ- βητήσαντας ἑαυτῇ, οὕτως εἰσὶ μιαροὶ οὗτοι, καὶ [1069] οὐκ οἴονται δεῖν οὔτε τοῖς νόμοις τοῖς ὑμετέροις πείθεσθαι οὔτε τοῖς γνωσθεῖσιν ἐν τῷ δικαστηρίῳ, ἀλλὰ πάντα τρόπον ἐπιχειροῦντες ἀφελέσθαι πάλιν τὴν γυναῖκα τὸν κλῆρον ὃν ὑμεῖς αὐτῇ ἐψηφίσασθε, 7 συνομόσαντες καὶ συνθήκας γράψαντες πρὸς ἀλλή- λους καὶ καταθέμενοι παρὰ Μηδείῳ ᾿Αγνουσίῳ, Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου καὶ Γλαύκων καὶ Γλαῦκος 6 ἡττηθεὶς τὸ πρότερον, καὶ ἕτερόν τιύα τῶν ἐπιτηδείων τέταρτον προσ-

62

AGAINST MACARTATUS, 3-7

of those who then made counter-claims to this estate not one ventured to swear that he was nearer of kin than the lady (for it was admitted by all that the in- heritance belonged to her by virtue of nearest kin- ship), but Glaucus of Oeon and Glaucon his brother presented themselves, having concocted a spurious will, and Theopompus, the father of Macartatus here, joined with them in getting up this whole scheme, and was their witness in most of the depositions that were putin. The will which they then produced was proved to be spurious, and they not only lost their case, but went out of court completely disgraced. And Theopompus, the father of Macartatus here, al- though he was in town when the herald asked by pro- clamation whether anyone wished to lay claim to the estate of Hagnias by virtue of kinship or under a will, or to deposit security for the costs of such claim, yet did not venture to make a deposit, but by his own act gave judgement against himself that he had no conceivable claim on the estate of Hagnias. But, although the mother of this boy here became possessed of the in- heritance, since she had prevailed in the suit over all those who disputed her claim, these men are abomin- able, as you see, and imagine that they need obey neither your laws nor the decisions of your courts, but they are trying by fair means or foul once more to take away from the lady the inheritance which you awarded to her. A conspiracy was formed, and a written agreement entered into, and deposited with Medeius of Hagnus,* by Theopompus, the father of Macartatus here, and by Glaucon and the Glaucus who was worsted in the former suit ; and they added to them- selves as a fourth another of their friends (Eupolemus

« Hagnus was a deme of the tribe Acamantis.

63

~

or

or)

=I

[1053] 10

DEMOSTHENES

λαβόντες (᾿ὐπόλεμος ἦν αὐτῷ ὄνομα), οὗτοι ἅπαν- τες κοινῇ ἐπιβουλεύσαντες προσεκαλέσαντο τὴν γυναῖκα πρὸς τὸν ἄρχοντα εἰς διαδικασίαν τοῦ κλήρου τοῦ ᾿Αγνίου, φάσκοντες τὸν νόμον κελεύειν παρὰ τοῦ ἐπιδεδικασμένου καὶ ἔχοντος τὸν κλῆρον προσκαλεῖσθαι, ἐάν τις βούληται ἀμφισβητεῖν. καὶ ἐπειδὴ ἦγεν ὁ ἄρχων εἰς τὸ δικαστήριον καὶ ἔδει ἀγωνίζεσθαι, τά τε ἄλλα ἦν αὐτοῖς ἅπαντα κατ- εσκευασμένα εἰς τὸν ἀγῶνα, καὶ τὸ ὕδωρ, πρὸς ὃ ἔδει ἀγωνίζεσθαι, τετραπλάσιον ἡμῶν ἔλαβον. ἐξ ἀνάγκης γὰρ ἦν, ὦ ἄνδρες δικασταί, τῷ ἄρχοντι ἀμφορέα ἑκάστῳ ἐγχέαι τῶν ἀμφισβητούντων, καὶ τρεῖς χοᾶς τῷ ὑστέρῳ λόγῳ. ὥστε συνέβαινεν ἐμοὶ τῷ ὑπὲρ τῆς γυναικὸς ἀγωνιζομένῳ, μὴ ὅτι περὶ τοῦ γένους καὶ τῶν ἄλλων ὧν μοι προσῆκε διηγήσασθαι τοῖς δικασταῖς ὡς ἐγὼ ἐβουλόμην, ἀλλ᾽ οὐδ᾽ ἀπολογήσασθαί μοι ἐξεγένετο οὐδὲ πολλοστὸν μέρος ὧν κατεψεύδοντο ἡμῶν: πέμπτον γὰρ μέρος εἶχον τοῦ ὕδατος. καὶ τὸ σόφισμα ἦν τοῦτο, αὐτοὺς μὲν ἑαυτοῖς συναγωνίζεσθαι καὶ ὁμολογεῖν ἅπαντα, περὶ ἡμῶν δὲ λέγειν τὰ οὐδε- πώποτε γενόμενα. καὶ τοῦτον τὸν τρόπον ἐπι- βουλευσάντων καὶ συναγωνιζομένων ἀλλήλοις ἐφ᾽ ἡμᾶς, καδίσκων τεττάρων τεθέντων κατὰ τὸν νόμον, εἰκότως, οἶμαι, οἱ δικασταὶ ἐξηπατήθησαν καὶ ἐστασίασαν ἀλλήλοις καὶ παρακρουσθέντες ὑπὸ τῆς παρασκευῆς ἐψηφί ζοντο ὃ τι ἔτυχεν ἕκαστος. καὶ at ψῆφοι ὀλίγαις πάνυ ἐγένοντο πλείους, ἢ

* The amphora contained about nine gallons.

64

AGAINST MACARTATUS, 7-10

was his name). All these men, having in common formed their plot, cited the lady before the archon for the adjudication of claims to the estate of Hagnias, declaring that the law prescribed that if anyone wished to enter a claim, citation should be made of the one to whom the estate had been

adjudged and who had it in his possession. And 8

when the archon brought the case into court, and the trial was to be held, they had everything cleverly arranged for the trial, and in particular the water which was to measure their speeches was four times as much as that allowed tous. For the archon, men of the jury, was obliged to pour into the water-clock an amphora® of water for each claimant, and three choes ὃ for the reply ; so that I, who acted as pleader for the lady, was not only unable to explain to the jurymen the relationship and other matters as clearly as I could have wished, but could not even defend myself against the smallest fraction of the lies which they told about us ; for I had but a fifth part of the water. Their scheme was this: to tell a wholly false story about us, but to back one another up and agree in everything. So, since they had formed their plot in this way, and each backed up the other’s charges against us, when the four ballot-boxes ° were set out according to law, the jurymen, naturally enough, as I think, were deceived and could not agree with one another, and being led astray by this trick, they voted each as chance determined. And there were a

> The chous contained about 4, of an amphora.

© One ballot-box, that is, for each contestant. ‘There were five in all, but the two brothers, Glaucus and Glaucon, were apparently ccunted as one, since their title was the same. This problem is discussed by Wyse in his introduction to Isaeus XI.

VOL. II F 65

--

0

11

19 [1054]

14

DEMOSTHENES

A δ / > ~ / / ” τρισὶν ἢ τέτταρσιν, ἐν τῷ Θεοπόμπου καδίσκῳ ἢ ἐν τῷ τῆς γυναικός.

\ , = > >

Kai τότε μὲν ταῦτα, ὦ ἄνδρες δικασταί, ἦν τὰ A ‘ πραχθέντα. ἐπειδὴ δ᾽ οὑτοσὶ 6 παῖς ἐγένετο καὶ > te - ΄ ἐδόκει καιρὸς εἶναι, οὐκ ὀργισθεὶς ἐγὼ τοῖς γενο- / > ¢ > A μένοις, ἀλλ᾽ ἡγούμενος εἰκός τι παθεῖν τοὺς τότε δικάζοντας, εἰσήγαγον εἰς τοὺς φράτερας τοὺς τοῦ “χὰ / Ed Ato A «ς / > ~ Ayviov Εὐβουλίδῃ τὸν παῖδα τουτονί, ἐκ τῆς θυγατρὸς ὄντα τῆς ἐκείνου, ἵνα μὴ ἐξερημωθῇ o > > ~ / > οἶκος. ἐκεῖνος γάρ, ὦ ἄνδρες δικασταί, ὁ Edfov- / ς ~ έ / / Ἅ > / / λίδης, ὁ τῷ “Ayvia γένει ὧν ἐγγυτάτω, μάλιστα Yi A - « ΄ σ΄ μὲν ηὔχετο τοῖς θεοῖς υἱὸν αὑτῷ γενέσθαι, ὥσπερ / i? \ ~ ~ καὶ ἡ θυγάτηρ ἡ τουτουὶ μήτηρ τοῦ παιδὸς αὐτῷ > \ ΄ ἐγένετο: ἐπειδὴ δὲ τούτου ἀπέτυχε καὶ οὐκ ἐγένετο παῖς ἄρρην αὐτῷ οὐδὲ εἷς, μετὰ ταῦτ᾽ ἤδη ἐσπού- > ~ ~ ~ ς alev ὅπως ἐκ τῆς θυγατρὸς εἰσποιηθῇ αὑτῷ υἱὸς ¢€ ~ els TOV οἶκον τὸν ἑαυτοῦ καὶ τὸν “Ayviov, καὶ εἰς > ~ τοὺς φράτερας εἰσαχθῇ τοὺς ἐκείνου, ἡγούμενος, > > ~ ~ ὦ ἄνδρες δικασταί, ἐκ τῶν ὑπολοίπων τοῦτον εἶναι ~ \ τι ἑαυτῷ οἰκειότατον, καὶ οὕτως ἂν μάλιστα τὸν οἶκον τὸν ἑαυτῶν διασῴζεσθαι καὶ οὐκ ἂν ἐξερημωθῆναι. \ > \ ~ oe / > > ~ « \ > / Kal ἐγὼ ταῦτα ὑπηρέτησ᾽ αὐτῷ, ὁ τὴν Εὐβουλίδου > θυγατέρα ἔχων ἐπιδικασάμενος γένει ὧν ἐγγυτάτω, καὶ εἰσήγαγον τὸν παῖδα τουτονὶ εἰς τοὺς ᾿Αγνίου \ > / / > ἣν \ / Kal Εὐβουλίδου φράτερας, μεῦ ὧν καὶ Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου, ὃ ἕως ἔζη, ἐφράτριζε καὶ αὐτὸς οὗτος. καὶ ot φράτερες, ὦ ἄνδρες ς δικασταί, οἱ τουτουὺ Μακαρτάτου, οἱ ἀριστα » \ ~ e ~ ~ εἰδότες περὶ TOD γένους, δρῶντες αὐτὸν μὲν τοῦτον / > / ¢ A od θέλοντα κινδυνεύειν οὐδ᾽ ἀπάγοντα TO ἱερεῖον Ἃ ~ ~ > \ > / ἀπὸ τοῦ βωμοῦ, εἰ μὴ προσηκόντως εἰσήγετο ὁ

66

AGAINST MACARTATUS, 10-14

very few more votes—some three or four—in the box of Theopompus than in that of the lady.

This, then, was what took place at that time. But when this boy was born, and it seemed a fitting time, I, being in no way incensed at what had happened, but considering that the former jurymen had met with a very natural experience, introduced this boy here to the clansmen of Hagnias in the interest of Eubulides, seeing that the boy was the son of his daughter, in order that the family might not become extinct. For the elder Eubulides, men of the jury, who was next of kin to Hagnias, prayed to the gods above all else that a son might be born to him as a daughter had been, the mother of this boy ; but since he failed of this hope and not a single male child was born to him, his next dearest wish was that a son of his daughter should be adopted into his own family and that of Hagnias and should be introduced to the members of his clan; for he thought, men of the jury, that of his surviving relatives this boy was nearest to him, and that in this way their house would best be preserved and kept from extinction. And I was the one to render him this service, since I was husband to the daughter of Eubulides, she having been adjudged to me as being the nearest of kin, and I introduced this boy to the clansmen of Hagnias and Eubulides, to which fellowship Theopompus, the father of Macartatus here, belonged during his life- time, and to which Macartatus now belongs. And the fellow-clansmen of Macartatus here, who knew better than any others the pedigree of the family, seeing that he himself did not choose to risk a contest and did not remove the victim from the altar, as he should have done had the introduction of this boy not

67

12

DEMOSTHENES

mats οὑτοσί, αὐτοὺς δ᾽ ἀξιοῦντα ἐπιορκεῖν, λαβόντες τὴν ψῆφον καομένων τῶν ἱερείων, ἀπὸ τοῦ βωμοῦ φέροντες τοῦ Διὸς τοῦ φρατρίου, παρόντος τουτουὶ Μακαρτάτου, ἐψηφίσαντο τὰ δίκαια, ὦ ἄνδρες δικασταί, ὀρθῶς καὶ προσηκόντως τὸν παῖδα του- τονὶ το π a Εὐβουλίδῃ υἱὸν εἰς τὸν οἶκον τὸν

5 ᾿Αγνίου. ψηφισαμένων δὲ ταῦτα τῶν φρατέρων

16

[1055]

τῶν τουτουὶ Μακαρτάτου, vids ὧν [ὐβουλίδου ὁ παῖς οὑτοσὶ προσεκαλέσατο Μακάρτατον τοῦ κλή- ρου τοῦ ᾿Αγνίου εἰς διαδικασίαν, καὶ ἔλαχε πρὸς τὸν ἄρχοντα, κύριον ἐπιγραψάμενος τὸν ἀδελφὸν τὸν ἑαυτοῦ" ἐμοὶ γὰρ οὐκέτι οἷόν τ᾽ ἦν, ὦ ἄνδρες δικασταί, κυρίῳ ἐπιγεγράφθαι, εἰσπεποιηκότι τὸν παῖδα εἰς τὸν οἶκον Tov ὐβουλίδου. καὶ ἡ πρόσ- κλησις ἐγένετο τῷ παιδὶ τουτῳὶ κατὰ τὸν νόμον, καθ᾽ ὅνπερ καὶ οὗτοι προσεκαλέσαντο τὴν τουτουὶ μητέρα, τὴν νενικηκυῖαν πρότερον ἐν τῷ δικαστηρίῳ καὶ ἔχουσαν τὸν κλῆρον τὸν ᾿Αγνίου.

Kai μοι ἀνάγνωθι τὸν νόμον, καθ᾽ ὃν ἡ πρόσ- κλησίς ἐστι παρὰ τοῦ ἔχοντος τὸν κλῆρον.

ΝΟΜΟΣ

~ Las nn

‘Kav δ᾽ ἐπιδεδικασμένου ἀμφισβητῇ τοῦ κλήρου ἢ τῆς ἐπικλήρου, προσκαλείσθω τὸν ἐπιδεδικασμένον πρὸς τὸν ἄρχοντα, καθάπερ ἐπὶ τῶν ἄλλων δικῶν: παρα- καταβολὰς δ᾽ εἶναι τῷ ἀμφισβητοῦ ἐὰν δὲ μὴ αταβολὰς εἶναι τῷ ἀμφισβητοῦντι. δὲ μὴ προσκαλεσάμενος ἐπιδικάσηται, ἀτελὴς ἔσται ἡ ἐπι- δικασία τοῦ κλήρου. ἐὰν δὲ μὴ (7 ὁ ἐπιδικασάμενος τοῦ κλήρου, προσκαλείσθω κατὰ ταὐτά, ᾧ ἂν ἡ προ-

α That is, by demanding that they should render a decision in violation of the oath which they had sworn.

68

AGAINST MACARTATUS, 14-16

been legitimate, but demanded that they commit perjury,” took the ballot while the victims were still burning, and carried it from the altar of Zeus Phatrius ἢ in the presence of the defendant Macartatus, and gave a just verdict, men of the jury—that this boy was duly and rightfully introduced as the adopted son of Eubulides into the family of Hagnias. But when the fellow-clansmen of the defendant Macartatus had passed this vote, this boy, as the son of Eubulides, cited the defendant Macartatus for an adjudication of claims for the estate of Hagnias, and had a day appointed by the archon for the hearing, inscribing his brother’s name as his guardian; for it was no longer open to me, men of the jury, to stand inscribed as guardian, since I had got the boy adopted into the family of Eubulides. And the citation was made by this boy according to the same laws in accordance with which these men had cited his mother, who had won the former suit in court, and was in possession of the estate of Hagnias.

(To the clerk.) Please read the law which ordains that citation shall be made of the person possessing the inheritance.

Tre Law

If any person shall claim the inheritance or the heiress after adjudication has been made, let him cite before the archon the person who has obtained the adjudication just as in other suits, and a deposit to cover costs shall be made by the claimant. And if he wins an adjudication without citation, the adjudication of the estate shall be of no effect. And if the person who has had the estate adjudged to him be not living, let the claimant cite in like manner the successor, provided that the period covered by the statute of limitations

>» So named, as god of the clan (phratry)—which was a religious institution. . 69

-

--

6

DEMOSTHENES

/ ΄ fs Ν 3 > / με “" θεσμία μήπω ἐξήκῃ. τὴν δ᾽ ἀμφισβήτησιν εἶναι τῷ ἔχοντι, καθότι ἐπεδικάσατο οὗ ἂν ἔχῃ τὰ χρήματα.

~ \ / > / / Jing 38, ~ / 17 Tod μὲν νόμου ἀκηκόατε, δέομαι δ᾽ ὑμῶν δικαίαν δέησιν, ὦ ἄνδρες δικασταί. ἐὰν γὰρ ἐπιδείξω Θεοπόμπου τοῦ πατρὸς τοῦ Μακαρτάτου γένει y+ « / > / J / \ ~ ὄντας ‘Ayvia ἐγγυτέρω Εὐβουλίδην τε τὸν παῖδα τουτονὶ καὶ Φυλομάχην, ἥ ἐστι μήτηρ τῷ παιδί, Ed / \ / \ > / o7 > ὑβουλίδου δὲ θυγάτηρ, καὶ od μόνον γένει ἐγ- ΄΄ » 3 \ \ / ? \ y” ᾽ / γυτάτω ὄντας, ἀλλὰ τὸ παράπαν οὐδὲ ὄντα οὐδένα 5 be > ~ ” ~ « / ” “ \ ἀνθρώπων ἐν τῷ οἴκῳ τῷ “Ayviov ἄλλον ἢ τὴν μητέρα τοῦ παιδὸς τουτουὶ καὶ αὐτὸν τουτονὶ τὸν “-“ m 9 AY > / / ¢€ ~ > BA παῖδα, ταῦτ᾽ ἐὰν ἐπιδείξω, δέομαι ὑμῶν, ὦ ἄνδρες δικασταί, βοηθεῖν ἡμῖν. \ \ oy ~ / ων ” / 18. To μὲν οὖν πρῶτον διενοήθην, ὦ ἄνδρες δικασταΐ, γράψας ἐν πίνακι ἅπαντας τοὺς συγγενεῖς τοὺς ‘Ayviov, οὕτως ἐπιδεικνύειν ὑμῖν καθ᾽ ἕκαστον" > \ 3 > / > a“ 5 > δ ΐ / ἐπειδὴ δ᾽ ἐδόκει οὐκ ἂν εἶναι ἐξ ἴσου ἡ θεωρία ἅπασι τοῖς δικασταῖς, ἀλλ᾽ ot πόρρω καθήμενοι ἀπολείπεσθαι, ἀναγκαῖον ἴσως τῷ λόγῳ διδάσκειν ὑμᾶς" τοῦτο γὰρ ἅπασι κοινόν ἐστιν. πειρασόμεθα δὲ καὶ ἡμεῖς ὡς ἂν μάλιστα δυνώμεθα διὰ βραχυ- τάτων ἐπιδεῖξαι περὶ τοῦ γένους τοῦ ᾿Αγνίου. \ 19 Bovcedos yap jv ἐξ Οἴου, ὦ ἄνδρες δικασταί, Kat ca τούτῳ ἐγένοντο πέντε υἱεῖς, ‘Ayvias καὶ Εὐβου- / τ Νὴ / Nae, \ / λίδης καὶ Στρατίος καὶ “ABpwv καὶ Κλεόκριτος. καὶ οὗτοι ἅπαντες of τοῦ Βουσέλου υἱεῖς ἄνδρες > A \ ἐγένοντο, καὶ διένειμεν αὐτοῖς τὴν οὐσίαν 6 πατὴρ ὁ Βούσελος ἅπασι καλῶς καὶ δικαίως, ὥσπερ [1056] προσῆκεν. νειμάμενοι δὲ τὴν οὐσίαν, γυναῖκα αὐτῶν ἕκαστος ἔγημε κατὰ τοὺς νόμους τοὺς ὑμετέρους, καὶ παῖδες ἐγένοντο αὐτοῖς ἅπασι καὶ το

AGAINST MACARTATUS, 16-19

has not expired.* And the claim upon the possessor shall be that he shall show on what terms the person whose property he holds had it adjudged to him.

You have heard the law, and it is a reasonable re- quest I make of you, men of the jury. If I shall prove to you that this boy Eubulides here and Phylomaché, who is thé mother of the boy and the daughter of Eubulides, are nearer of kin to Hagnias than Theo- pompus, the father of Macartatus, and not only that they are nearest of kin, but that there is absolutely no human being belonging to the house of Hagnias except the mother of this boy and the boy himself,— if I shall prove this, I beg of you, men of the jury, to give your aid to us.

At the first, men of the jury, it was my intention to write on a board all the kinsfolk of Hagnias, and thus to exhibit them to you one by one ; but when I saw plainly that not all the jurymen would have an equally good view, but that those sitting at a distance would be at a disadvantage, it is perhaps necessary to instruct you by word of mouth, for thus all will be on the same footing. I, on my part, will endeavour to the best of my ability to inform you regarding the family of Hagnias in the fewest words possible.

Buselus, men of the jury, was a member of the deme Oeon, and to him were born five sons, Hagnias and Eubulides and Stratius and Habron and Cleo- eritus. And all these sons of Buselus grew up to manhood, and their father Buselus divided his property among them all fairly and equitably, as was fitting. And when they had divided the property among themselves, each of them married a wife according to your laws, and sons and grandsons were

« This period was five years. 71

--

8

DEMOSTHENES

/ “ \ > / / > ~ παίδων παῖδες, Kal ἐγένοντο πέντε οἶκοι ἐκ τοῦ / Ud « A » yA a Βουσέλου οἴκου ἑνὸς ὄντος, Kal χωρὶς ἕκαστος » ‘ ε ~ , > ~ / WKEL TOV ἑαυτοῦ ἔχων καὶ ἐκγόνους ἑαυτοῦ ποιού-

20 μενος. περὶ μὲν οὖν τῶν τριῶν ἀδελφῶν τῶν τοῦ

[1057]

Βουσέλου υἱέων, καὶ τῶν ἐκγόνων τῶν τούτοις γενομένων, τί ἂν ἐγὼ ἢ ὑμῖν, ὦ ἄνδρες .δικασταΐ, πράγματα παρέχοιμι ἢ “ἐμαυτῷ, ἐξηγούμενος περὶ ἑκάστου; ὄντες γὰρ ἐν ταὐτῷ γένει Θεοπόμπῳ καὶ προσήκοντες ὁμοίως τῷ ᾿Αγνίᾳ, οὗ ἐστιν ὁ κλῆρος, οὐδεὶς αὐτῶν οὔτε πρότερον πώποτ᾽ οὔτε νῦν ἠνώχλησεν ἡμῖν, οὐδ᾽ ἠμφεσβήτησεν οὔτε τοῦ κλήρου τοῦ ᾿Αγνίου οὔτε τῆς γυναικὸς τῆς ἐπικλή- ρου, ἣν ἐγὼ ἔχω ἐπιδικασάμενος, ἡγούμενοι οὐδ᾽ ὁτιοῦν προσήκειν ἑαυτοῖς οὐδενὸς τῶν ᾿Αγνίου. περίεργον δή “μοι δοκεῖ εἶναι λέγειν περὶ τούτων, πλὴν ὅσ᾽ ἐξ ἀνάγκης ἐστὶν ἐπιμνησθῆναι. περὶ δὲ Θεοπόμπου τοῦ πατρὸς τοῦ Μακαρτάτου καὶ αὐτοῦ τουτουὶ Μακαρτάτου, περὶ τούτων μοί ἐστιν ἐξ ἀνάγκης λέγειν. ἔστι δὲ βραχὺς ὁ λόγος, ὦ ἄνδρες ικασταί. ὥσπερ γὰρ ὀλίγον τι πρότερον ἀκηκόατε ὅτι τῷ Βουσέλῳ πέντε υἱεῖς ἐγένοντο, τούτων εἷς ἣν Στρατίος ὁ τουτουὶ πρόγονος Μακαρτάτου, καὶ ἕτερος ᾿Αγνίας ὁ τουτουὶ πρόγονος τοῦ παιδός. ἐγένετο δὴ υἱὸς τῷ ᾿Αγνίᾳ Πολέμων καὶ θυγάτηρ Φυλομάχη, ἀδελφὴ τοῦ Πολέμωνος ὁμοπατρία καὶ ὁμομητρία" τοῦ δὲ Στρατίου ἐγένοντο τοῦ ἀδελφοῦ τοῦ ᾿Αγνίου Φανόστρατος καὶ Χαρίδημος. ὁ του- τουὶ πάππος Μακαρτάτου. ἐρωτῶ δὴ ὑμᾶς, ὦ ἄνδρες δικασταί, πότερος οἰκειότερός ἐστι καὶ προσήκει μᾶλλον τῷ ᾿Αγνίᾳ, ὁ υἱὸς ὁ [ΙΙολέμων καὶ ἡ θυγάτηρ ἡ Φυλομάχη, ἢ Χαρίδημος ὁ υἱὸς ὁ Στρατίου, ἀδελφιδοῦς δ᾽ ᾿Αγνίου; ἐγὼ μὲν γὰρ 72

AGAINST MACARTATUS, 19-22

born to them all, and there sprang up five households from the single one of Buselus ; and they dwelt apart, each one having his own home and begetting his descendants. Now with regard to three of the brothers, sons of Buselus, and the descendants born to them, why should I trouble you, men of the jury, or myself by going into particulars about each one ? For although they are in the same degree of relation- ship as Theopompus, and are as near of kin to Hagnias, whose estate is in question, not one of them has ever troubled us either at an earlier time or now, nor has made any claim to the estate of Hagnias or to the woman who is the heiress, who was assigned in marriage to me; for they considered that they had no claim whatever to anything belonging to Hagnias. It seems to me therefore that it would be entirely superfluous to say anything about them save only what I cannot help mentioning. Of Theo- pompus, however, the father of Macartatus, and of Macartatus the defendant himself, it is necessary for me to speak. Yet the story, men of the jury, is a short one. As you have just heard, Buselus had five sons. One of these was Stratius, the an- cestor of Macartatus, and another was Hagnias, the

ancestor of this boy. To Hagnias was born a son, :

Polemon, and a daughter, Phylomaché, sister of Polemon by the same father and the same mother ; and to Stratius, the brother of Hagnias, there were born Phanostratus and Charidemus, the grandfather of the defendant Macartatus. Now I ask you, men of the jury, which is nearer of kin and more closely related to Hagnias, his son Polemon and his daughter Phylomaché, or Charidemus, the son of Stratius, and nephew of Hagnias? For my part I

73

bo

bo

bo

23

24

bo Or

[1068] 26

DEMOSTHENES

ἡγοῦμαι τὸν υἱὸν καὶ τὴν θυγατέρα οἰκειότερον

Ss ¢ / ¢€ ~ ~ an“ \ > ~ \ εἶναι ἑκάστῳ ἡμῶν μᾶλλον ἢ τὸν ἀδελφιδοῦν Kat οὐ μόνον παρ᾽ ἡμῖν τοῦτο νενόμισται, ἀλλὰ καὶ

\ A ΒΕ “ ΡΣ ἢ \ / παρὰ Tots ἄλλοις ἅπασι Kat “EAAqo καὶ βαρβάροις. ἐπειδὴ τοίνυν τοῦθ᾽ ὁμολογεῖται, ῥᾳδίως ἤδη τοῖς ἄλλοις, ὦ ἄνδρες δικασταί, παρακολουθήσετε, καὶ αἰσθήσεσθε τούτους ὅτι εἰσὶ βίαιοι καὶ ἀσελγεῖς ἄνθρωποι.

Τοῦ Πολέμωνος γὰρ τοῦ υἱέος τοῦ ᾿Αγνίου ἐγένετο υἱὸς ᾿Αγνίας, τὸ τοῦ πάππου τοῦ ἑαυτοῦ ὄνομ᾽ ἔχων, τοῦ ᾿Αγνίου. καὶ οὗτος μὲν ἄπαις >) 4 Ce: / - a ἐτελεύτησεν ὁ Αγνίας ὁ ὕστερος. τῆς Φυλομάχης δὲ τῆς ἀδελφῆς τῆς Πολέμωνος, καὶ Φιλάγρου, ᾧ ἔδωκεν αὐτὴν ὃ ἀδελφὸς [Ιολέμων ἀνεψιῷ ὄντι «ς ~ ε \ / {| Ss > / ~ ἑαυτοῦ (ὁ yap Φίλαγρος υἱὸς ἦν Εὐβουλίδου τοῦ ἀδελφοῦ τοῦ “Αγνίου), τοῦ δὴ Φιλάγρου τοῦ > ~ ~ vA \ ~ / ~ ἀνεψιοῦ τοῦ IloAguwvos καὶ τῆς Φυλομάχης τῆς ἀδελφῆς τῆς Πολέμωνος ἐγένετο υἱὸς υὐβουλίδης, ὃ “πατὴρ ὃ τῆς μητρὸς τοῦ παιδὸς τουτουί. καὶ οὗτοι μὲν υἱεῖς ἐγένοντο Πολέμωνι καὶ τῇ ἀδελφῇ τῇ Πολέμωνος Φυλομάχῃ. τοῦ δὲ Χαριδήμου ἐγένετο, τοῦ υἱέος τοῦ Στρατίου, Θεόπομπος ὃ τουτουὶ πατὴρ Μακαρτάτου. πάλιν, δὴ ἐρωτῶ, ὦ ἄνδρες δικασταί, πότερος οἰκειότερός ἐστι καὶ προσήκει μᾶλλον ‘Ayvia τῷ πρώτῳ ἐκείνῳ, ὃ Πολέμωνος υἱὸς ᾿Αγνίας, καὶ Εὐβουλίδης ὁ DvAo- μάχης υἱὸς καὶ Φιλαγρου, 7 Θεόπομπος ὃ Χαρι- δήμου υἱός, Στρατίου δὲ ὑϊδοῦς; ἐγὼ μὲν γὰρ οἶμαι, ὦ ἄνδρες δικασταί, εἴπερ καὶ ὁ υἱὸς οἰκειό- τατός ἐστι καὶ ἡ «θυγάτηρ, πάλιν ὁ ὑϊδοῦς καὶ ὃ ἐκ τῆς θυγατρὸς υἱός, οὗτοι οἰκειότεροί εἰσι μᾶλλον ἢ 0 τοῦ ἀδελφιδοῦ υἱὸς καὶ ὃ ἑτέρου ὧν οἴκου. τῷ 7A

AGAINST MACARTATUS, 22-25

think that to every one of us his son and daughter are more nearly related than his nephew ; and not only with us does this hold good, but also among all other

people whether Greeks or barbarians. Since, then, :

this is admitted, you will now easily follow the rest of the argument, men of the jury, and you will see how arbitrary and how reckless these men are.

To Polemon, son of Hagnias, was bornason, Hagnias, having the name of his grandfather Hagnias, and this second Hagnias died without issue. But from Phylo- maché, the sister of Polemon, and Philagrus, to whom her brother Polemon had given her in marriage, he being his first cousin (for Philagrus was the son of Kubulides, the brother of Hagnias)—from Philagrus, I say, the cousin of Polemon, and Phylomaché the sister of Polemon, there was born Eubulides the father of this boy’s mother. These sons, then, were born to Polemon and to Polemon’s sister Phylomaché. But to Charidemus, the son of Stratius, there was born a son Theopompus, the father of the defendant Macartatus. Again, then, I ask you, men of the jury, which is nearer of kin and more closely related to the first Hagnias, Hagnias, the son of Polemon, and Eubulides, the son of Phylomaché and Philagrus, or Theopompus, the son of Charidemus and grandson of Stratius ? I am of the opinion, men of the jury, that if the son and the daughter are the nearest of kin, so, too, the son’s son and the daughter’s son are more nearly related than the son of a nephew and one who is a member of another branch of the family.

5

bo

bo

bo ii

DEMOSTHENES

\ > / > / ον ᾽ὔ μὲν οὖν Θεοπόμπῳ ἐγένετο υἱὸς Μακάρτατος ¢ / ~ \ ΕἸ / ~ ~ / ca οὑτοσί, τῷ δὲ Εὐβουλίδῃ τῷ τῆς Φυλομάχης υἱεῖ, 3 ~ > € / Μ \ / « ᾿ ε ἀνεψιῷ δ᾽ ᾿Αγνίου ὄντι πρὸς πατρός, οὑτοσὶ ὁ A > ~ - «ς παῖς, ἀνεψιοῦ παῖς ὧν ᾿Αγνίᾳ πρὸς πατρός, ἐπειδὴ ς / ¢ ἡ Φυλομάχη ἡ μήτηρ 7) Εὐβουλίδου καὶ 6 Πολέμων ς \ ΓΘ / > \ > ς / \ ὁ πατὴρ ὁ ᾿Αγνίου ἀδελφοὶ ἦσαν ὁμοπάτριοι καὶ «ς / ~ ~ ~ ὁμομήτριοι. τῷ δέ ye Μακαρτάτῳ τῳδί, τῷ υἱεῖ ~ > τῷ Θεοπόμπου, οὐδὲν ἐγένετο ἔκγονον 6 τι ἐστὶν >? ΄ ~ ~ 27 ἐν τῷ οἴκῳ τῷ τούτου καὶ τῷ Στρατίου. τούτων > > ~ δ᾽ οὕτως ἐχόντων, τῷ μὲν παιδὶ τουτῳί ἐστιν ὄνομα A > a a TOV ἐν τῷ νόμῳ εἰρημένων, καὶ μέχρι ὧν ὁ νόμος / ~ κελεύει τὴν ἀγχιστείαν εἶναι: ἀνεψιοῦ yap ᾿Αγνίου A > « \ \ > ~ > / > \ παῖς ἐστιν" ὁ yap πατὴρ αὐτοῦ Εὐβουλίδης ἀνεψιὸς ae 7, a 9 € ~ ε 7 , ἣν ‘Ayvia, ob ἐστιν ὁ κλῆρος. ὃ δέ ye Θεόπομπος / 5) ὁ τουτουὶ πατὴρ Μακαρτάτου οὐκ av εἶχεν ὄνομα ~ ~ ~ τὸ θέσθαι ἑαυτῷ τῶν ἐν τῷ νόμῳ εἰρημένων οὐδέν" c t c > « / \ ” εν ~ / > / 28 ἐξ ἑτέρου yap οἴκου ἣν τοῦ Στρατίου. ov προσήκει δέ, ὦ ἄνδρες δικασταί, οὐδένα ἀνθρώπων ἔχειν τὸν ~ \ «ς / > ¢€ / ” Μ “ Μ κλῆρον τὸν ᾿Αγνίου ἐξ ἑτέρου οἴκου ὄντα, ἕως av τις λείπηται τῶν γενομένων ἐν τῷ οἴκῳ τῷ ᾿Αγνίου, 0᾽ > / / “ ey / οὐδ᾽ ἐκβάλλειν βίᾳ, ὅπερ οὗτοι διαπράττονται, EVEL τε ἀπωτέρω ὄντες καὶ οὐκ ἐν τῷ αὐτῷ οἴκῳ. Y ρ τί : : ~ / > > A e vA τοῦτο yap ἐστιν, ὦ ἄνδρες δικασταί, ᾧ παρεκρού- σατο Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου. 29 τίνες οὖν οἱ λοιποὶ ἔτι νῦν ὄντες ἐν τῷ οἴκῳ τῷ >? \ / / ‘Ayviov; Φυλομάχη τε ἡ ἐμὴ γυνή, Εὐβουλίδου > σι A Py , δὲ θυγάτηρ οὖσα τοῦ ἀνεψιοῦ τοῦ “Ayviov, Kat οὑτοσὶ ὁ παῖς ὁ εἰσηγμένος εἰς τὸν οἶκον τὸν Δ > \ [1059] Εὐβουλίδου καὶ “Ayviov. Θεόπομπος δ᾽ ὁ τουτουὶ 76

AGAINST MACARTATUS, 26-29

Well, to Theopompus was born a son, Macartatus, the defendant, and to Eubulides, the son of Phylomaché, and cousin of Hagnias on his father’s side, this boy, who is to Hagnias the son of a first cousin on the father’s side; since Phylomaché, the mother of Eubulides and Polemon, the father of Hagnias, were brother and sister, born of the same father and the same mother. But to Macartatus here, the son of Theopompus, there has been no issue which is both

in the family of Hagnias and in that of Stratius. Such :

being the facts, this boy here has one of the titles mentioned in the law, and up to which the law ordains that the right of succession should extend ; for he is the child of the first cousin of Hagnias, since his father Eubulides was cousin to Hagnias, whose in- heritance is in question. Theopompus, on the con- trary, the father of the defendant Macartatus, could not have appropriated to himself any one of the titles mentioned in the law, for he belonged to another branch of the family, that of Stratius. But it is not fitting, men of the jury, that any man what- soever should possess the estate of Hagnias, one who belongs to another branch, so long as there is left any one of those born of the branch of Hagnias ; no, nor is it right to expel such person by violence, as these men are trying to do, while they are themselves more distantly related, and not of the same branch of the family. For this, men of the jury, is the point upon which Theopompus, the father of the defendant

Macartatus, misled the jury. Who, then, are those +

still surviving in the branch of Hagnias? Phylo- maché, my wife, who is the daughter of Eubulides, the cousin of Hagnias, and this boy, who has been adopted into the family of Eubulides and Hagnias.

we

26

bo ~J

28

bo ῷ

90

31

DEMOSTHENES

πατὴρ Μακαρτάτου, οὐκ ὧν τοῦ οἴκου τοῦ ‘Ayviov, ἐψεύσατο πρὸς τοὺς δικαστὰς ὑπερμέγεθες ψεῦδος περί τε τῆς Φυλομάχης τῆς τοῦ [Ι]ολέμωνος ἀδελφῆς, τηθίδος δ᾽ ‘Ayviov, ὅτι οὐκ εἴη τῷ Πολέμωνι τῷ τοῦ ᾿Αγνίου υἱεῖ ὁμοπατρία καὶ ὁμομητρία ἀδελφή, καὶ πάλιν προσποιούμενος τοῦ αὐτοῦ οἴκου εἶναι ᾿Αγνίᾳ, 6 οὐδεπώποτε γενόμενος. ταῦτα δὲ πάντ᾽ ἀδεῶς ἔλεγεν ὁ Θεόπομπος, μάρ- τυρα μὲν οὐδένα παρασχόμενος, ὅστις ἔμελλεν ὑπεύθυνος ἡμῖν ἔσεσθαι, συνομολογοῦντας δ᾽ ἑαυτῷ ἔχων τοὺς κοινωνούς, ol ἦσαν ἀλλήλοις συναγω- νισταὶ καὶ ἅπαντα ἔπραττον κοινῇ, ὅπως ἀφέλωνται τὴν γυναῖκα τὴν τουτουὶ μητέρα τοῦ παιδὸς τὸν κλῆρον, ¢ ὃν ὑμεῖς αὐτῇ ἐψηφίσασθε. βούλομαι οὖν, ὦ ἄνδρες δικασταί, περὶ ὧν εἴρηκα πρὸς ὑμᾶς, μαρτυρίας παρασχέσθαι, πρῶτον μὲν ὡς ἐνίκησε τοῦ κλήρου τοῦ ᾿Αγνίου ἡ Εὐβουλίδου θυγάτηρ Φυλομάχη, γένει οὖσα ἐγγυτάτω, ἔπειτα περὶ τῶν ἄλλων ἁπάντων. ᾿Αναγίγνωσκε τὴν μαρτυρίαν.

MAPTYPIA

Μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ ἐπὶ Νικο- φήμου ἄρχοντος, ὅτε ἐνίκησε Φυλομάχη ἡ ὐβουλίδου θυγάτηρ τοῦ κλήρου τοῦ ᾿Αγνίου τοὺς ἀμφισβητοῦντας αὐτῇ πάντας.

Ὅτι μὲν ἐνίκησε Φυλομάχη ἡ υὐβουλίδου θυγάτηρ τοῦ κλήρου τοῦ ᾿Αγνίου, ἀκηκόατε, ὦ ἄνδρες δικασταί. καὶ αὕτη ἐνίκησεν οὐδεμιᾷ παρα- σκευῇ ἀδίκῳ οὐδὲ συνωμοσίᾳ, ἀλλ᾽ ὡς οἷόν τε δικαιότατα, ἐπιδειξάντων ἡμῶν ὅτι γένει ἐγγυτάτω 78

AGAINST MACARTATUS, 29-32

Theopompus, however, the father of the defendant Macartatus, not being himself of the branch of Hagnias, told the jurymen a monstrous lie regarding Phylomaché, the sister of Polemon and the aunt of Hagnias, alleging that she was not the sister of Polemon, the son of Hagnias, by the same father and mother, and another in pretending that he himself was of the same family as Hagnias, whereas he had never belonged to it. All these assertions Theopompus made fearlessly, not producing any witness who would have been responsible to us, but having only his asso- ciates to corroborate what he said; for they were leagued with one another and did everything in concert, in order to rob the lady, the mother of this boy here, of the inheritance which you by your votes had decided to be hers. I wish now, men of the jury, to produce witnesses in support of the statements which I have made to you—first, to prove that Phylomaché, the daughter of Eubulides, won judge- ment for the estate of Hagnias as being the nearest of kin, and then to establish the rest of the facts. (To the clerk.) Read the deposition.

THe Depostrion

The deponents state that they were present before the arbitrator in the archonship of Nicophemus,* when Phylo- maché, the daughter of Eubulides, won judgement for the estate of Hagnias against all who disputed her title.

That Phylomaché, the daughter of Eubulides, won judgement for the estate of Hagnias, you have heard, men of the jury. And she won it, not by wrongful trickery or conspiracy, but in the fairest manner possible, since we proved that she was nearest of kin

« That is, in B.c. 361-360. i 79

3]

32

3 [1060]

34

35

DEMOSTHENES

Ss ΑΙ ,ὔ a > ¢ An > ~ ~ “- ἣν ᾿Αγνίᾳ, οὗ ἐστιν ὁ κλῆρος, ἀνεψιοῦ παῖς οὖσα A A \ > ~ ” Ss am ¢€ πρὸς πατρὸς Kal ἐκ τοῦ οἴκου οὖσα τοῦ “Ayviov. ἐπειδὰν οὖν λέγῃ Μακάρτατος, ὅτι ἐνίκησεν αὐτοῦ « \ / ~ he / ¢ ὁ πατὴρ Θεόπομπος τοῦ κλήρου τούτου, ὑπολαμ- , "Pp Seal ἴξ "μὰ > » Ἴρ , oe τος βάνετε αὐτῷ ὑμεῖς, ὦ avdpes δικασταί, ὅτι καὶ ἡ \ ree sf / an“ / ig / γυνὴ ἐνίκησε srs 7) “Θεόπομπος ὁ τούτου πατήρ, καὶ ὅτι δικαίως ἐνίκησεν ἡ γυνὴ ἐκ τοῦ οἴκου οὖσα τοῦ ᾿Αγνίου, ὐβουλίδου θυγάτηρ οὖσα ~ > ~ Fi AE , 2 ¢ A / “ > : τοῦ ἀνεψιοῦ τοῦ “Ayviov, ὁ δὲ Θεόπομπος ὅτι οὐκ ἌΣ 5 A / ΣΟ» Ἃ > ~ ἐνίκησεν, ἀλλὰ Pence. οὐδ ὧν ἐκ τοῦ οἴκου τὸ παράπαν τοῦ ᾿Αγνίου. ταῦτα αὐτῷ ὑμεῖς, ὦ ἄνδρες δικασταί, ὑπολαμβάνετε, καὶ ὅτι τὸν παῖδα τουτονὶ ὐβουλίδην, τὸν Εὐβουλίδου υἱόν, ΤΑΣ ,ὔ δ᾽ - > « An Z 5» ~ to \ γνίου δ᾽, οὗ ἐστιν ὁ κλῆρος, ἀνεψιοῦ παῖδα πρὸς πατρός, οὔτε Θεόπομπος ὁ Μακαρτάτου πατὴρ οὔτ᾽ ἄλλος οὐδεὶς πώποτε ἀνθρώπων ἐνίκησεν νυνὶ δ᾽ ἐστὶν ὁ ἀγὼν καὶ ἡ διαδικασία περὶ τοῦ / ~ ¢ , ~ =) A CA \ κλήρου τοῦ ᾿Αγνίου τῷ Εὐβουλίδου viet τουτῳὶ καὶ Μακαρτάτῳ τουτῳὶ τῷ Θεοπόμπου υἱεῖ: καὶ ὁπότερος τούτων δικαιότερα λέγειν δόξει καὶ κατὰ ~ ~ - ¢ τοὺς νόμους μᾶλλον, δῆλον ὅτι τούτῳ ὑμεῖς οἱ \ / δικασταὶ προσθήσεσθε. > / ρ Ἵ \ / A ¢ / Avaylyvwoke Tas μαρτυρίας tas ὑπολοίπους, ~ \ A ¢ be « » ε / \ πρῶτον μὲν ὅτι ἡ Φυλομάχη ἡ τοῦ “Ayviov τηθὶς 10 λ A > ε / \ ¢€ ,ὔ ~ Il λέ Ἃ ἀδε φὴ ἦν ὁμοπατρία καὶ ὁμομητρία τῷ |]ολέμωνι τῷ ᾿Αγνίου πατρί: ἔπειτα τὰς ἄλλας ἁπάσας ἀνα- γνώσεται τὰς περὶ τοῦ γένους.

MAPTYPIAI Μαρτυροῦσι δημόται εἶναι Φιλάγρῳ τῷ Βυβουλίδου

\ \ » “ Ν Ὁ ς , Ων sO7 πατρὶ καὶ IloAguwve τῷ πατρὶ τῷ “Ayviov, καὶ εἰδέναι

80

AGAINST MACARTATUS, 32-35

to Hagnias, whose estate is in question, being the daughter of his cousin on his father’s side, and being of the same branch as Hagnias. When, therefore, Macartatus says that his father Theopompus won judgement for this estate, make answer to him on your part, men of the jury, that the lady also won judge- ment before Theopompus, the defendant’s father, and that the lady won her case fairly, since she was of the same branch as Hagnias, being the daughter of Eubu- lides, the cousin of Hagnias, but that Theopompus did not win the suit, but prevailed by trickery, being him- self in no sense whatever of the branch of Hagnias. Make this reply to him yourselves, men of the | jury, and also state that against this boy Eubulides, son of Eubulides, son of the first cousin on his father’s side of Hagnias, whose estate is in question, neither Theopompus, the father of Macartatus, nor any other man ever at any time won a judgement. At the present time the contest and the trial to adjudge the estate of Hagnias are between this son of Eubulides and the defendant Macartatus, the son of Theo- pompus ; and whichever of these two shall in your judgement speak most in harmony with justice and the laws, to him, it is plain, you jurymen will give your votes.

(To the clerk.) Read the remaining depositions ; first, those proving that Phylomaché, the aunt of Hagnias, was sister by the same father and the same mother to Polemon, the father of Hagnias; after that he shall read all the other depositions which have to do with the pedigree.

Tue Depostrions

The deponents testify that they are fellow-demesmen of Philagrus, the father of Eubulides, and Polemon, the father

VOL. II G 81

33

DEMOSTHENES

Φυλομάχην. τὴν μητέρα τὴν Εὐβουλίδου νομιζομένην ἀδελφὴν εἶναι Πολέμωνος τοῦ πατρὸς τοῦ ᾿Αγνίου

[1061] ὁμοπατρίαν καὶ ὁμομητρίαν, καὶ μηδενὸς πώποτ᾽ ἀκοῦσαι ὡς γένοιτο ἀδελφὸς Πολέμωνι τῷ ᾿Αγνίου.

ΑΛΛΗ

86 Μαρτυροῦσιν Οἰνάνθην, τὴν μητέρα τοῦ πάππου τοῦ ἑαυτῶν Στρατωνίδου, ἀνεψιὰν εἶναι ἐκ πατραδέλφων Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου, καὶ ἀκούειν τοῦ πατρὸς

ae “A a , « > ‘ 3 Ν ΄΄ 4 Tov ἑαυτῶν, ὅτι LloAguwve ἀδελφὸς οὐδεὶς γένοιτο πώποτε τς Ἂς ae ’ὔ 3 ‘ ine’ /, ε a τῷ πατρὶ τῷ Ayviov, ἀδελφὴ δὲ Φυλομάχη ὁμοπατρία καὶ ὁμομητρία, ἡ μήτηρ ἡ Εὐβουλίδου τοῦ πατρὸς τοῦ υλομάχης τῆς Σωσιθέου γυναικός.

ΑΛΛΗ

Μαρτυρεῖ συγγενὴς εἶναι καὶ φράτηρ καὶ δημότης ᾿Αγνίᾳ καὶ Εὐβουλίδῃ, καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτῶν καὶ τῶν ἄλλων συγγενῶν, ὅτι ἀδελφὸς οὐδεὶς ἐγένετο Ἰ]ολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου, ἀδελφὴ δ᾽ ὁμοπατρία καὶ ὁμομητρία Φυλομάχη ἡ μήτηρ ἡ Εὺύ- βουλίδου τοῦ πατρὸς τοῦ Φυλομάχης τῆς Σωσιθέου γυναικός.

ΑΛΛΗ

87 Μαρτυρεῖ πάππον εἶναι ἑαυτοῦ “Apxipaxov καὶ ποιή- σασθαι ἑ ἑαυτὸν υἱόν, καὶ εἶναι αὐτὸν συγγενῆ Πολέμωνι τῷ πατρὶ τῷ “Αγνίου, καὶ ἀκούειν ᾿Αρχιμάχου καὶ τῶν ἄλλων συγγενῶν, ὅτι ἀδελφὺς οὐδεὶς πώποτ᾽ ἐγένετο Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου, ἀδελφὴ δ᾽ ὁμοπατρία καὶ ὁμομητρία Φυλομάχη, ἡ μήτηρ ἡ Εὐβουλίδου τοῦ πατρὸς τοῦ Φυλομάχης τῆς Σωσιθέου γυναικός.

ΑΛΛΗ

Μαρτυρεῖ τὸν πατέρα τῆς ἑαυτοῦ γυναικὸς Καλλί-: 89

AGAINST MACARTATUS, 35-37

of Hagnias, and that they know that Phylomaché, the mother of Eubulides, was considered to be the sister of Polemon, the father of Hagnias, by the same father and the same mother, and that they never heard from anyone that Polemon, the son of Hagnias, had a brother.

ANOTHER

The deponents testify that Oenanthé, the mother of their 36 grandfather Stratonides, was first cousin to Polemon, the father of Hagnias, their fathers having been brothers, and that they heard from their own father that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomaché, the mother of Eubulides, the father of Phylo- maché, wife of Sositheus.

ANOTHER

The deponent testifies that he is a relative and fellow- clansman and fellow-demesman of Hagnias and Eubulides, and that he heard from his own father and other relatives that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomaché, the mother of Eubulides, the father of Phylomaché, wife of Sositheus.

ANOTHER

The deponent testifies that Archimachus was his grand- 37

father and adopted him as his son, and that he was a relative of Polemon, the father of Hagnias, and that he heard from Archimachus and his other relatives that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomaché, the mother of Eubulides, the father of Phylomaché, wife of Sositheus.

ANOTHER

The deponent testifies that his wife’s father Callistratus 83

[1069]

98

99

40

4]

DEMOSTHENES

στρατον ἀνεψιὸν εἶναι ἐκ πατραδέλφων Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου καὶ Χαριδήμῳ τῷ πατρὶ τῷ Θεο- πόμπου, τὴν δὲ μητέρα τὴν ἑαυτοῦ ἀνεψιοῦ παῖδα εἶναι Πολέμωνι, καὶ λέγειν τὴν μητέρα τὴν αὑτῶν πρὸς αὑτοὺς πολλάκις, ὅτι Φυλομάχη ἡ μήτηρ ἡ _EvBovac dov ἀδελφὴ ἦν Πολέμωνος. τοῦ πατρὸς τοῦ ᾿Αγνίου ὁμοπατρία καὶ ὁμομητρία, καὶ ὅτι ἀδελφὸς οὐδεὶς πώποτε γένοιτο Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου.

Τὸ πρότερον, ὦ ἄνδρες δικασταί, ὅτε συνώμοσαν ἀλλήλοις οὗτοι καὶ συστάντες ἠγωνίζοντο πολλοὶ ὄντες πρὸς τὴν γυναῖκα, ἡμεῖς μέν, ὦ ἄνδρες δικασταί, οὔτε μαρτυρίας ἐγράψαμεν περὶ τῶν ὁμολογουμένων, οὔτε μάρτυρας προσεκαλεσάμεθα, ἀλλ᾽ φόμεθα ταῦτά γε ἀδεῶς ὑπάρχειν ἡμῖν" οὗτοι δὲ τά τ᾽ ἄλλα πολλὰ καὶ ἀναίσχυντα παρεσκευά- σαντο εἰς τὸν ἀγῶνα, καὶ ἔμελεν αὐτοῖς οὐδενὸς πλὴν τοῦ ἐξαπατῆσαι ἐν τῷ παρόντι τότε καιρῷ τοὺς δικαστάς, οἵτινες κατεχρῶντο, ὡς τῷ Ilo- λέμωνι τῷ πατρὶ τῷ ᾿Αγνίου τὸ παράπαν οὐδεμία γένοιτο ἀδελφὴ ὁμοπατρία καὶ ὁμομητρία: οὕτως ἦσαν ἀναίσχυντοι καὶ βδελυροί, τηλικουτονὶ πρᾶγμα παρακρουόμενοι τοὺς δικαστὰς καὶ οὑτωσὶ περι- φανές, καὶ ἐσπούδαζον καὶ ἠγωνίζοντο περὶ τούτου μάλιστα. ἡμεῖς δέ γε vuvi μάρτυρας ὑμῖν τοσου-

\ / \ ~ / > ~

Tovol παρεσχήμεθα περὶ τῆς Πολέμωνος ἀδελφῆς,

/ > ¢€ ,ὔ τηθίδος ὃ ᾿Αγνίου. τούτῳ δ᾽ ὁ βουλόμενος μαρ- τυρησάτω, ἢ ὡς οὐκ ἦσαν ἀδελφοὶ ὁμοπάτριοι καὶ ὁμομήτριοι Πολέμων καὶ Φυλομάχη, ἢ ὅτι οὐκ a> « \ / εἰ ¢ \ / / ἦν ὁ μὲν Πολέμων vids, ἡ δὲ Φυλομάχη θυγάτηρ ‘A / ~ “λ cs * - ¢ Il r / >

yviov τοῦ Βουσέλου υἱέος, ἢ ὅτι 6 ᾿ἸΪολέμων οὐκ ἦν πατὴρ ᾿Αγνίου, οὗ ἐστιν ὁ κλῆρος, οὐδ᾽ ἡ ἀδελφὴ ἡ Πολέμωνος Φυλομάχη τηθίς, ἢ ὡς ὁ 84

AGAINST MACARTATUS, 37-41

was first cousin to Polemon, the father of Hagnias, and to Charidemus, the father of Theopompus, their fathers having been brothers, and that his mother was daughter of a first cousin to Polemon, and that their mother often said to them that Phylomaché, the mother of Eubulides, was sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that Polemon, the father of Hagnias, never had any brother.

In the former trial, men of the jury, when these men formed their conspiracy with one another and acted in concert, the whole group of them, in their contest against the lady, we, on our part, men of the jury, neither prepared depositions regarding facts that were admitted, nor summoned witnesses, but thought that in these matters at least we were perfectly safe ; whereas our opponents had equipped themselves with all manner of shameless artifices for the trial, and had their minds set upon this thing alone—to deceive the jurymen for the moment. They had the audacity to assert that Polemon, the father of Hagnias, had no sister at all born of the same father and the same mother ; so abominably impudent were they, seeking to mislead the jurymen in a matter of such importance and so well-known, and they spent all their efforts and strove beyond all else to establish this. We have, however, on this present occasion produced this host of witnesses regarding the sister

38

39

of Polemon and aunt of Hagnias. On the defendant’s 40

side let whoever will give evidence either that Polemon and Phylomaché were not brother and sister, born of the same father and the same mother, or that Polemon was not the son, and Phylomaché not the daughter, of Hagnias, the son of Buselus ; or that Polemon was

not the father of Hagnias, whose estate is in question, 41

and Phylomaché, the sister of Polemon, not his aunt ; 85

DEMOSTHENES

Εὐβουλίδης οὐκ ἦν Φυλομάχης υἱὸς οὐδὲ Φιλάγρου

[1063] τοῦ ἀνεψιοῦ τοῦ ᾿Αγνίου, ἢ ἐκεῖνο ὅτι Εὐβουλίδου τοῦ ἀνεψιοῦ τοῦ ᾿Αγνίου οὐκ ἔστι Φυλομάχη θυγάτηρ ἡ νῦν ἔτι οὖσα, οὐδ᾽ υἱὸς οὑτοσὶ ὁ παῖς, εἰσπεποιημένος κατὰ τοὺς νόμους τοὺς ὑμετέρους εἰς τὸν Εὐβουλίδου οἶκον, ἢ ὡς ὁ Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου ἐκ τοῦ οἴκου ἢν τοῦ ‘Ayviov. τούτων 6 τι βούλεταί τις “μαρτυρησάτω αὐτῷ. ἀλλ᾽ εὖ oid? ὅτι οὐδεὶς οὕτω τολμηρὸς ἔσται οὐδ᾽ ἀπονενοημένος ἄνθρωπος.

4) ‘Os δὲ μᾶλλον καταφανὲς ὑμῖν ἔσται, ὦ ἄνδρες δικασταί, ὅτι τὸ πρότερον ἀναισχυντοῦντες περι- ἐγένοντο, δίκαιον δ᾽ οὐδὲν ἔλεγον, ἀναγίγνωσκε τὰς μαρτυρίας ὅσαι εἰσὶν ἔτι ὑπόλοιποι.

MAPTYPIAI

Μαρτυρεῖ συγγενὴς εἶναι Πολέμωνι τῷ ᾿Αγνίου πατρί, καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτοῦ ἀνεψιοὺς εἶναι ἐκ πατραδέλφων Πολέμωνι Φίλαγρόν τε τὸν Εὐβουλίδου πατέρα καὶ Φανόστρατον τὸν Στρατίου πατέρα καὶ Καλλίστρατον τὸν πατέρα τῆς Σωσίου γυναικὸς καὶ Εὐκτήμονα τὸν βασιλεύσαντα καὶ Χαρίδημον τὸν πατέρα τὸν Θεοπόμπου καὶ Στρατοκλέους, καὶ εἶναι τοῖς τούτων υἱέσι καὶ ᾿Αγνίᾳ ἐν τῷ αὐτῷ γένει Εὐβουλίδην κατὰ τὸν πατέρα τὸν ἑαυτοῦ Φίλαγρον, κατὰ δὲ τὴν μητέρα τὴν ἑαυτοῦ Φυλομάχην νομιζόμενον ἀνεψιὸν εἶναι Ev- βουλίδην ᾿Αγνίᾳ πρὸς πατρός, ἐκ τηθίδος γεγονότα “Αγνίᾳ τῆς πρός πατρός.

ΑΛΛΗ

43 Μαρτυροῦσι συγγενεῖς εἶναι Πολέμωνι τῷ πατρὶ τῷ ‘Ayviov καὶ Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου καὶ ΕΠ ae τῷ βασιλεύσαντι, καὶ εἰδέναι Εὐκτήμονα

86

AGAINST MACARTATUS, 41-43

or that Eubulides was not the son of Phylomaché, or of Philagrus, the cousin of Hagnias ; or this, that the still-living Phylomaché is not the daughter of Eubulides, the cousin of Hagnias, and this boy not his son, adopted according to your laws into the family of Eubulides ; or that Theopompus, the father of the defendant, Macartatus, belonged to the branch of Hagnias. Let anyone give testimony in his favour on whatever one of these points he chooses. But I know well that no mortal man will be so daring or so senseless.

However, that it may be the more clear to you, men of the jury, that in the former trial they got the upper hand through their shameless audacity, and that they advanced no just arguments, (to the clerk) read all the depositions that remain.

Tue Deposirions

The deponent testifies that he is a relative of Polemon, the father of Hagnias, and that he heard from his father that Philagrus, the father of Eubulides, and Phanostratus, the father of Stratius, and Callistratus, the father of the wife of Sosias, and Euctemon, who was king,? and Charide- mus, the father of Theopompus and Stratocles, were first cousins to Polemon, their fathers all having been brothers, and that Eubulides, with reference to his father Philagrus, stood in the same degree of relationship as the sons of these men and Hagnias, while with reference to his mother Phylomaché, he was recognized as the first cousin of Hagnias on his father’s side, since he was the son of the paternal aunt of Hagnias.

ANOTHER

The deponents testify that they are relatives of Polemon, the father of Hagnias, and of Philagrus, the father of Eu- bulides, and of Euctemon, who was king, and that they

¢ That is, king-archon. 87

[1064]

44

45

[1065]

DEMOSTHENES

ἀδελφὸν ὄντα ὁμοπάτριον Φιλάγρῳ τῷ πατρὶ τῷ Εὐ- βουλίδου' καὶ ὁπότε ἡ ἐπιδικασία ἦν τοῦ κλήρου τοῦ ᾿Αγνίου Εὐβουλίδῃ πρὸς Βλαύκωνα, ἔ ἔτι ζῆν Εὐκτήμονα, ἐκ πατραδέλφων ἀνεψιὸν ὄντα Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου, καὶ μὴ ἀμφισβητῆσαι Εὐκτήμονα “Εὐβουλίδῃ τοῦ κλήρου τοῦ ᾿Αγνίου, μηδ᾽ ἄλλον μηδένα κατὰ γένος τότε.

ΑΛΛΗ

Μαρτυροῦσι τὸν πατέρα τὸν ἑαυτῶν Στράτωνα συγ- γενῆ εἶναι Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου καὶ Χαρι- δήμῳ τῷ πατρὶ τῷ Θευπόμπου καὶ “Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου, καὶ ἀκούειν τοῦ ἑαυτῶν πατρός, ὅτι Φίλαγρος λάβοι γυναῖκα πρώτην μὲν Φυλομάχην ἀδελφὴν Πολέμωνος τοῦ πατρὸς τοῦ ᾿Αγνίου ὁμο- πατρίαν καὶ ὁμομητρίαν, καὶ γενέσθαι Φιλάγρῳ ἐκ μὲν τῆς Φυλομάχης Εὐβουλίδην, ἀποθανούσης δὲ Φυλο- μάχης ἑτέραν λαβεῖν γυναῖκα Φίλαγρον Τελεσίππην, καὶ γενέσθαι ὁμοπάτριον “μὲν ἀδελφὺν Εὐβουλίδῃ Μενεσθέα, ὁμομήτριον δὲ μή: καὶ Εὐβουλίδου ἀμφισ- βητήσαντος τοῦ κλήρου τοῦ _Ayviov κατὰ γένος, Μενεσθέα μὴ ἀμφισβητῆσαι τοῦ κλήρου τοῦ ᾿Αγνίου,

pnd Εὐκτήμονα τὸν ἀδελφὸν τὸν Φιλάγρου, μηδ᾽ ἄλλον

μηδένα κατὰ γένος πρὸς Εὐβουλίδην τότε.

ΑΛΛΗ

Μαρτυρεῖ τὸν πατέρα τὸν ἑαυτοῦ ᾿Αρχίμαχον συγγενῆ εἶναι Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου καὶ Χαριδήμῳ τῷ πατρὶ τῷ "Θεοπόμπου καὶ Φιλάγρῳ τῷ πατρὶ τῴ Εὐβουλίδου, καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτῶν, ὅτι Φίλαγρος λάβοι γυναῖκα πρώτην μὲν Φυλομάχην ἀδελφὴν Πολέμωνος τοῦ πατρὸς τοῦ ᾿Αγνίου ὁ ὁμοπατρίαν καὶ ὁμομητρίαν, καὶ γενέσθαι ἐκ μὲν Φυλομάχης Εὐ- βουλίδην, ἀποθανούσης δὲ Φυλομάχης ἑτέραν λαβεῖν 88

AGAINST MACARTATUS, 43-45

know that Euctemon was brother by the same father to Philagrus, the father of Eubulides, and that when suit for the adjudication of the estate of Hagnias was instituted by Eubulides against Glaucon, Euctemon was still living, being first cousin to Polemon, the father of Hagnias, their fathers having been brothers, and that Euctemon did not dispute with Eubulides his title to the estate of Hagnias, nor did anyone else on the score of kinship on that occasion.

ANOTHER

The deponents testify that their father Strato was a relative 44 of Polemon, the father of Hagnias, and of Charidemus, the father of Theopompus, and of Philagrus, the father of Eubulides, and that they heard from their father that Phila- grus took for his first wife Phylomaché, the sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that Philagrus had by Phylomaché a son Eubulides, and that after the death of Phylomaché Philagrus took a second wife Telesippé, and there was born a brother to Eubulides, namely Menestheus, of the same father but not of the same mother; and that when Eubulides made claim to the estate of Hagnias on the score of kinship, Menestheus did not dispute his title to the estate of Hagnias, nor did Euctemon, the brother of Philagrus, nor did anyone else on the score of kinship dispute the title of Eubulides on that occasion.

ANOTHER

The deponent testifies that his father Archimachus was a 45 relative of Polemon, the father of Hagnias, and of Charidemus, the father of Theopompus, and of Philagrus, the father of Eubulides, and that he heard from their father that Philagrus took for his first wife Phylomaché, the sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that by Phylomaché he had a son Eubulides, and that after the death of Phylomaché Philagrus took a second

89

DEMOSTHENES

γυναῖκα Φίλαγρον ᾿᾿ελεσίππην, καὶ γενέσθαι Φιλάγρῳ ἐκ Τελεσίππης Μενεσθέα, ὁμοπάτριον μὲν ἀδελφὸν Ιὐβουλίδῃ, ὁμομήτριον a: μή; ἀμφισβητήσαντος δὲ EvBovdisov τοῦ κλήρου τοῦ “Ayviov κατὰ γένος, Meve- σθέα μὴ ἀμφισβητῆσαι τοῦ κλήρου, μηδ᾽ Εὐκτήμονα τὸν ἀδελφὸν τὸν Φιλάγρου, μηδ᾽ ἄλλον μηδένα κατὰ γένος πρὸς Εὐβουλίδην τότε.

ΑΛΛΗ 46 Μαρτυρεῖ τὸν πατέρα τῆς ἑαυτοῦ μητρὸς Καλλέ > τ 5 > ΄ “ ͵΄ \ στρατον ἀδελφὸν εἶναι Εὐκτήμονι τῴ βασιλεύσαντι Kat Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου, ἀνεψιοὺς δ᾽ εἶναι τούτους Πολέμωνι τῷ πατρὶ τῷ ᾿Αγνίου καὶ Χαριδήμῳ τῷ πατρὶ τᾷ Θεοπόμπου, καὶ ἀκούειν τῆς μητρὸς τῆς ἑαυτοῦ, ὅτι ἀδελφὺς οὐ γένοιτο Πολέμωνι τῷ πατρὶ τῷ “Αγνίου, ἀδελφὴ δὲ γένοιτο ὁμοπατρία καὶ ὁμομητρία Φυλομάχη, καὶ ταύτην λάβοι τὴν Φυλομάχην Φίλαγρος, καὶ γένοιτο ἐξ αὐτῶν Εὐβουλίδης ὁ πατὴρ ὁ Φυλο- μάχης τῆς Σωσιθέου γυναικός.

41 ᾿Αναγνῶναι μὲν τὰς μαρτυρίας ταύτας ἐξ ἀνάγκης ἦν, ὦ ἄνδρες δικασταί, ἵνα μὴ τὸ αὐτὸ πάθοιμεν ὅπερ τὸ πρότερον, ἀπαράσκευοι ληφθέντες ὑπὸ τούτων. πολὺ δὲ σαφέστερον ἔτι αὐτὸς ἑαυτοῦ Μακάρτατος οὑτοσὶ καταμαρτυρήσει, ὅτι οὔτε Θεοπόμπῳ τῷ πατρὶ τῷ αὑτοῦ οὔτε αὐτῷ τούτῳ προσήκει οὐδενὸς κληρονομεῖν τῶν ᾿Αγνίου, γένει ἀπωτέρω ὄντος τοῦ Θεοπόμπου καὶ οὐδ᾽ ἐκ τοῦ

48 αὐτοῦ οἴκου τὸ παράπαν. εἰ γάρ τις ἀνακρίνοι, ὦ ἄνδρες δικασταί, οὑτοσὶ τίς ἐστιν ὁ ἀμφισβητῶν τῷ παιδὶ τουτῳὶ τοῦ κλήρου τοῦ ᾿Αγνίου; εὖ οἶδ᾽ ὅτι ἀποκρίναιτ᾽ ἂν, Μακάρτατος. τίνος ὧν πατρός;

[1066] Θεοπόμπου. μητρὸς δὲ τίνος; ᾿Απολήξιδος θυ- γατρὸς IIpoomaAtiov, ἀδελφῆς δὲ Μακαρτάτου 90

AGAINST MACARTATUS, 45-48

wife Telesippé, and that Philagrus had by Telesippé a son Menestheus, a brother to Eubulides, of the same father but not of the same mother; and that when Eubulides made claim to the estate of Hagnias on the score of kinship, Menestheus did not dispute his claim to the estate, nor did Euctemon, the brother of Philagrus, nor did anyone else on the score of kinship dispute the title of Eubulides on that occasion.

ANOTHER

The deponent testifies that his mother’s father Callistratus 46

was brother to Euctemon, who was king, and to Phila- grus, the father of Eubulides, and that these men were first cousins to Polemon, the father of Hagnias, and to Chari- demus, the father of Theopompus, and that he heard from his mother that Polemon, the father of Hagnias, had no brother, but had a sister Phylomaché, born of the same father and the same mother, and that Philagrus married this Phylomaché, and they had a son Eubulides, the father of Phylomaché, the wife of Sositheus.

It was necessary to read these depositions, men of 47

the jury, in order that we might not suffer the same experience as before, by being caught by these men unprepared. But far more convincing even than these shall be the testimony that Macartatus will give against himself, proving that neither his father Theo- pompus nor himself has any claim whatever to inherit anything from Hagnias, Theopompus being less near of kin, and belonging to quite a different branch of the family. For suppose one should ask, men of the jury, Who is the person who disputes this boy’s title to the estate of Hagnias ? I know well that he would say, Macartatus. Born of what father? Theo- pompus. And of what mother? Apolexis, daughter of a Prospaltian,? and sister of Macartatus, also a

α Prospalta was a deme of the tribe Acamantis.

91

49

DEMOSTHENES

, ε \ , , > , Προσπαλτίου. ὁ δὲ Θεόπομπος τίνος ἦν πατρός; Χαριδήμου. ὃ δὲ Χαρίδημος τίνος; Στρατίου. t δὲ δὰ / / Ξ Β “λ ¢ / 4. Μ ὃ ὁ δὲ Στρατίος τίνος; Βουσέλου. οὑτοσί, ὦ ἄνδρες δικασταί, ἐστιν ὁ Στρατίου οἶκος, ἑνὸς τῶν Βου- σέλου υἱέων, καὶ ἔκγονοι οὗτοί εἰσι Στρατίου, ovs ὑμεῖς ἀκηκόατε: καὶ ἐνταῦθα οὐδαμοῦ ἐστιν οὐδὲν ” ~ > ~ ” Awe / > > ’ \ ὄνομα τῶν ἐκ τοῦ οἴκου τοῦ “Ayviov, ἀλλ᾽ οὐδὲ παραπλήσιον. πάλιν δὴ ἀνακρινῶ τὸν παῖδα του- / /, Ἅ 3 “- / / ~ 7 τονί, Tis ὧν ἀμφισβητεῖ Μακαρτάτῳ τοῦ κλήρου τοῦ ‘Ayviov. οὐκ ἂν ἔχοι, ὦ ἄνδρες δικασταΐ, ΝΜ > TSI ας ~ > / ¢ A vn Θ᾽ > ἄλλ᾽ οὐδ᾽ ὁτιοῦν ἀποκρίνασθαι ὁ παῖς, ἢ ὅτι EdBov- λίδης. τίνος ὧν πατρός; Εὐβουλίδου τοῦ ‘Ayviov > - \ \ , , a 3 ἀνεψιοῦ. μητρὸς δὲ τίνος; Φυλομάχης, ἣ ἦν AG / > ~ A \ / ε > / yvia ἀνεψιοῦ παῖς πρὸς πατρός. ὁ [ὐβουλίδης δὲ τίνος ἦν πατρός; Φιλάγρου τοῦ ἀνεψιοῦ τοῦ € / \ \ / Ve ~ if Ayviov. μητρὸς δὲ τίνος; Φυλομάχης τῆς τηθί- ~ « / ¢ > « / / <> Cv. dos τῆς “Ayviov. ὁ δ᾽ ‘Ayvias τίνος tv υἱός;

60 Πολέμωνος. ὁ δὲ [Πολέμων τίνος; ᾿Αγνίου. ὁ

ὃ: oN /, / Ἔ Β a ε \ [2 Ss , yvias τίνος; ουσέλου. οὑτοσὶ ἕτερος οἶκός > ς « / «ς \ ~ ,ὔ cs \ ἐστιν ὁ ‘Ayviov, ἑνὸς τῶν Βουσέλου υἱέων, καὶ ἐνταῦθ᾽ οὐδ᾽ ὁτιοῦν ἔνεστι τὸ αὐτὸ ὄνομα τῶν ἐν ~ / ΕΣ » >, , 5 > τὶ A τῷ Στρατίου οἴκῳ ὄντων ἐκγόνων, ἀλλ᾽ οὐδὲ 7ὔ > > » \ > ς ~ 4 > παραπλήσιον: ἀλλ᾽ αὐτοὶ dv’ αὑτῶν πορεύονται ἐν ~ ” ~ ς / A > / > > / τῷ οἴκῳ τῷ “Ayviov, τὰ ὀνόματα παρ᾽ ἀλλήλων παραλαμβάνοντες. πανταχῇ δὴ καὶ πάντα τρόπον » (+ ἐξελέγχονται ἐξ ἑτέρου οἴκου Kal γένει ἀπωτέρω \ ΄ ~ - ὄντες, καὶ οὐ προσῆκον αὐτοῖς κληρονομεῖν οὐδενὸς ~ / e τῶν “Ayviov. οἷς yap δίδωσιν ὃ νομοθέτης τὴν / ‘\ \ ἀγχιστείαν Kat THY κληρονομίαν, τούτους ἀναγνώ- σεται ὑμῖν τοὺς νόμους.

92

AGAINST MACARTATUS, 48-50

Prospaltian. And who was the father of Theopom- pus? Charidemus. And of whom was Charidemus the son? Of Stratius. And of whom Stratius ? Of Buselus. This, men of the jury, is the branch of Stratius, one of the sons of Buselus ; and these whose names you have heard are descendants of Stratius ; and among them there is not one single name of those belonging to the branch of Hagnias, or even one that is similar. Now again I shall question this boy, asking who he is who contests the claim of Macartatus to the estate of Hagnias. The boy can make no other possible answer, men of the jury, than that he is Eubulides. The son of what father? Of Eubulides, the cousin of Hagnias. And of what mother? Of Phylomaché, who was the daughter of a first cousin to Hagnias on the father’s side. But of whom was Eubulides the son? Of Philagrus, the cousin of Hagnias. And of what mother? Of

Phylomaché, the aunt of Hagnias. And of whom was 5

Hagnias the son? Of Polemon. And of whom Polemon? Of Hagnias. And of whom Hagnias? Of Buselus. This is another branch, that of Hagnias, one of the sons of Buselus, and here there occurs not a single name identical with those of the descendants in the branch of Stratius, or even one that is similar ; but they proceed in the branch of Hagnias with their own series of names, receiving them from one another. In every respect, then, and in every way it is proved that these men belong to another branch of the family and are more remote of kin, and that they are not entitled to inherit anything of the estate of Hagnias. For to show you to whom the law-giver grants the right of succession and inheritance, the clerk will read you these laws.

93

o o

[1067]

51

52

53

DEMOSTHENES

NOMOS

Ὅστις ἂν μὴ διαθέμενος ἀποθάνῃ, ἐὰν μὲν παῖδας καταλίπῃ. θηλείας, σὺν ταύτῃσιν, ἐὰν δὲ μή, τούσδε κυρίους εἶναι τῶν “χρημάτων. ἐὰν μὲν ἀδελφοὶ ὦσιν ὁμοπάτορες" καὶ ἐὰν παῖδες ἐξ ἀδελφῶν γνήσιοι, τὴν τοῦ πατρὺς μοῖραν λαγχάνειν" ἐὰν δὲ μὴ ἀδελφοὶ ὦσιν ἢ “ἀδελφῶν παῖδες, erie ἐξ αὐτῶν κατὰ ταὐτὰ λαγ- χάνειν: κρατεῖν δὲ τοὺς ἄρρενας καὶ τοὺς ἐκ τῶν ἀρρένων, ἐὰν ἐκ τῶν αὐτῶν ὦσι, καὶ ἐὰν γένει ἀπωτέρω. ἐὰν δὲ μὴ ὦσι πρὸς πατρὸς μέχρι ἀνεψιῶν παίδων, τοὺς πρὸς μητρὸς κατὰ ταὐτὰ κυρίους εἶναι. ἐὰν δὲ μηδε- τέρωθεν ἢ ἐντὸς τούτων, τὸν πρὸς πατρὸς ἐγγυτάτω κύριον εἶναι. νόθῳ δὲ ΠΣ νόθῃ μὴ εἶναι ἀγχιστείαν μήθ᾽ ἱερῶν μήθ᾽ ὁσίων, ἀπ’ Εὐκλείδου ἀἄρχόντος.

/ , « , ay. , e Διαρρήδην λέγει 6 νόμος, ὦ ἄνδρες δικασταί, οἷς A \ δεῖ τὴν κληρονομίαν εἶναι: οὐ μὰ AV od Θεοπόμπῳ / ~ ca A A οὐδὲ Μακαρτάτῳ τῷ Θεοπόμπου υἱεῖ, τοῖς μηδὲ \ / >? ~ > ~ / > A TO παράπαν ev τῷ οἴκῳ οὖσι τῷ “Ayviov. ἀλλὰ / \ A A “ τίνι καὶ δίδωσιν; τοῖς ἐκγόνοις τοῖς ᾿Αγνίου, τοῖς By >? ~ ~ “ / οὖσιν ἐν τῷ οἴκῳ τῷ ἐκείνου. ταῦτα Kal ὃ νόμος / λέγει, Kal TO δίκαιον οὕτως ἔχει. > - 7 Οὐ τοίνυν, ὦ ἀνδρες δικασταί, ταῦτα μὲν ἔδωκεν ς a ὁ νομοθέτης τοῖς προσήκουσιν, ἕτερα δ᾽ οὐ προσ- / ~ A lal \ ἔταξε πολλὰ πάνυ ἐν τῷ νόμῳ, ἃ δεῖ ποιεῖν τοὺς / > Ὁ τ 3 N / u} > προσήκοντας ἐπάναγκες: ἀλλὰ πάνυ πολλά ἐστιν A A / ἃ προστάττει ποιεῖν τοῖς προσήκουσι, Kal πρό- 5 / / > > > 3. / “- φασιν οὐδεμίαν δίδωσιν, ἀλλ᾽ ἐξ ἀνάγκης δεῖ ποιεῖν.

« The text is not wholly certain, and the precise meaning is therefore open to debate. ‘The law is quoted also in Isaeus VII, § 20, where the note of Wyse should be consulted. See

94

AGAINST MACARTATUS, 51-53

Tue Law

Whenever a man dies without making a will, if he leaves 51

female children his estate shall go with them, but if not, the persons herein mentioned shall be entitled to his property : if there be brothers by the same father, and if there be law- fully born sons of brothers, they shall take the share of the father. But if there are no brothers or sons of brothers, their descendants shall inherit it in like manner; but males and the sons of males shall take precedence, if they are of the same ancestors, even though they be more remote of kin.* If there are no relatives on the father’s side within the degree of children of cousins, those on the mother’s side shall inherit in like manner. But if there shall be no relatives on either side within the degree mentioned, the nearest of kin on the father’s side shall inherit. But no illegitimate child of either sex shall have the right of succession either to religious rites or civic privileges, from the time of the archonship of Eucleides.?

The law, men of the jury, expressly declares to whom the inheritance shall go. Not, by Heaven, to Theopompus nor to Macartatus, the son of Theo- pompus, who are in no sense whatever of the family of Hagnias. But to whom does it give the inherit- ance? To the descendants of Hagnias, to those who are in his branch of the family. This is what the law says, and this is what justice demands.

Now, then, men of the jury, the law-giver has not given these rights to the relatives without imposing upon them in the law a large number of duties, which the relatives must of necessity perform. No; there are full many obligations laid upon the relatives to perform for which the law admits of no excuse ; they must absolutely be performed.

also Meier and Schémann, Der Attische Process, p. 586, and Savage, The Athenian Family, pp. 128 ff. > This was in 403 B.c.

95

52

54

DEMOSTHENES Μᾶλλον δὲ λέγε αὐτὸν τὸν νόμον Tov πρῶτον.

ΝΟΜΟΣ

Τῶν ἐπικλήρων ὅσαι θητικὸν τελοῦσιν, ἐὰν μὴ βού-

nN μὴ « > _ 4 Γ > ὃ ὃ / 2 ὃ XS ε Ν

ηται ἔχειν ὁ ἐγγύτατα γένους, ἐκδιδότω ἐπιδοὺς ὁ μὲν ,

[1068] πεντακοσιομέδιμνος πεντακοσίας δραχμάς, 6 δ᾽ ἱππεὺς

σι

τριακοσίας, ὁ δὲ ζευγίτης ἑκατὸν πεντήκοντα, πρὸς τοῖς αὐτῆς. ἐὰν δὲ πλείους ὦσιν ἐν τῷ αὐτῷ γένει, TH ἐπι- κλήρῳ πρὸς μέρος ἐπιδιδόναι ἕκαστον. ἐὰν δ᾽ αἱ γυναῖκες πλείους ὦσι, μὴ ἐπάναγκες εἶναι πλέον ἢ μίαν ἐκδοῦναι τῷ γ᾽ ἑνὶ ἀλλὰ τὸν ἐγγύτατα ἀεὶ ἐκδιδόναι ἢ αὐτὸν ἔχειν. ἐὰν δὲ μὴ ἔχῃ ὁ ἐγγυτάτω γένους ἢ μὴ €KOW, ὁ ἄρχων ἐπαναγκαζέτω ἢ αὐτὸν ἔχειν ἢ ἐκδοῦναι. ἐὰν δὲ μὴ ἐπαναγκάσῃ ὃ ἄρχων, ὀφειλέτω χιλίας δραχμὰς ἱερὰς τῇ Ἥρᾳ. ἀπογραφέτω δὲ τὸν μὴ ποιοῦντα ταῦτα βουλόμενος πρὸς τὸν ἄρχοντα.

o

On

« \ “4 e / SS / > ΄ὔ

A μὲν λέγει 6 νόμος, ὦ ἄνδρες δικασταί, ἀκούετε. Ὁ“ \ ~ 2 / ” > / ὅτε δὲ τῆς ἐπικλήρου ἔδει ἐπιδικάζεσθαι Φυλο- μάχης τῆς τουτουὶ μητρὸς τοῦ παιδός, ᾿Αγνίου δ᾽ ἀνεψιοῦ παιδὸς οὔσης πρὸς πατρός, ἐγὼ μὲν ἧκον φοβούμενος τὸν νόμον καὶ ἐπεδικαζόμην γένει ὧν ἐγγυτάτω, Θεόπομπος δ᾽ 6 Μακαρτάτου πατὴρ οὐδὲ προσῆλθε τὸ παράπαν οὐδ᾽ ἠμφεσβήτησε, διὰ

τὸ μηδ᾽ ὁτιοῦν αὐτῷ προσήκειν, καὶ ταῦτ᾽ ἐν τῇ

56 ἡλικίᾳ ὧν τῆ αὐτῇ. καίτοι πῶς οὐκ οἴεσθε, ὦ

» / »Μ Ss ~ \ > / ἄνδρες δικασταΐ, ατοπον ELVAL, ΤΊΣ [LEV ἐπικλήρου,

2 Solon had divided the people into four classes : (1) Those who received from their land an income of five hundred measures of barley or wine. ‘These were called the “ Penta- cosiomedimni,” or ‘‘ Five hundred measure men.” (2) Those who received three hundred measures. These were assumed to be able to furnish a horse for the army, and were therefore called ‘‘ Knights.’”’ (3) Those who received two hundred

96

AGAINST MACARTATUS, 53-56

(To the clerk.) But, preferably, read the law itself —the first one. Tue Law

In regard to all heiresses who are classified as Thetes,? if the nearest of kin does not wish to marry one, let him give her in marriage with a portion of five hundred drach- mae, if he be of the class of Pentacosiomedimni, if of the class of Knights, with a portion of three hundred, and if of the class of Zeugitae, with one hundred and fifty, in addition to what is her own. If there are several kinsmen in the same degree of relationship, each one of them shall contribute to the portion of the heiress according to his due share. And if there be several heiresses, it shall not be neces- sary for a single kinsman to give in marriage more than one, but the next of kin shall in each case give her in marriage or marry her himself. And if the nearest of kin does not marry her or give her in marriage, the archon shall compel him either to marry her himself or give her in marriage. And if the archon shall not compel him, let him be fined a thousand drachmae, which are to be consecrate to Hera. And let any person who chooses denounce to the archon any person who disobeys this law.

You hear what the law says, men of the jury. But when it became necessary to sue for the hand of the heiress Phylomaché, the mother of this boy and the daughter of the first cousin of Hagnias on his father’s side, I came forward out of respect for the law and preferred my suit as being next of kin; but Theo- pompus, the father of Macartatus, neither came forward nor in any way disputed my claim, because he had no semblance of right, although he was of the same age as she. And yet, men of the jury, how can you fail to think it strange that Theopompus never

measures. ‘These could presumably own a yoke of oxen, and were called “ Zeugitae,’ or ‘‘Yoke-men.’’ (4) Those receiving less, or having no property in land. These were called ‘‘ Thetes,”’ 1.6. ‘‘ Labourers ”’ or ‘‘ Serfs.”’

ΜΟΙ ἘΠ H O7

Or o

56

57

[1069]

58 a

DEMOSTHENES

Δ > SA / > ob ~ A ‘ / / 7) ἦν “Ayvia ἀνεψιοῦ παῖς πρὸς πατρός, ταύτης μὲν μηδεπώποτ᾽ ἀμφισβητῆσαι Θεόπομπον, τὸν \ ~ € ~ δὲ κλῆρον tov ᾿Αγνίου ἀξιοῦν ἔχειν παρὰ τοὺς / νόμους; τούτων γένοιντ᾽ ἂν ἄνθρωποι ἀναισχυν- τότεροι ἢ μιαρώτεροι; 3 Αναγίγνωσκε καὶ τοὺς ἑτέρους νόμους.

NOMOI

IIpoeuretvy τῷ κτείναντι ev ἀγορᾷ ἐντὸς ἀνεψιότητος καὶ ἀνεψιοῦ, συνδιώκειν δὲ καὶ ἀνεψιοὺς καὶ ἀνεψιῶν παῖδας καὶ γαμβροὺς καὶ πενθεροὺς καὶ φράτερας. αἰδέσασθαι δέ, ἐὰν μὲν πατὴρ ἢ ἢ ἀδελφὸς ἢ υἱεῖς, ἅπαντας, ἢ τὸν κωλύοντα κρατεῖν. ἐὰν δὲ τούτων μηδεὶς ἢ, κτείνῃ δὲ ἄκων, γνῶσι δὲ οἱ πεντήκοντα καὶ εἷς οἱ ἐφέται ἄκοντα κτεῖναι, ἐσέσθων οἱ φράτερες, ἐὰν θέλωσι, δέκα: τούτους δὲ οἱ πεντήκοντα καὶ εἷς ἀρι- στίνδην αἱρείσθων. καὶ οἱ πρότερον κτείναντες ἐν τῷδε τῷ θεσμῷ ἐνεχέσθων. ---- Τοὺς δ᾽ ἀπογιγνομένους ἐν τοῖς δήμοις, ovs ἂν μηδεὶς ἀναιρῆται, ἐπαγγελλέτω ὁ δή- μάρχος τοῖς προσήκουσιν ἀναιρεῖν καὶ θάπτειν καὶ καθαίρειν τὸν δῆμον, τῇ ἡμέρᾳ ἡ ἂν ἀπογένηται ἕκαστος

αὐτῶν. ἐπαγγέλλειν δὲ περὶ μὲν τῶν δούλων τῷ Oe σπότῃ, περὶ δὲ τῶν ἐλευθέρων τοῖς τὰ χρήματ᾽ ἔχουσιν" ἐὰν δὲ μὴ ἢ χρήματα τῷ ἀποθανόντι, τοῖς προσήκουσι τοῦ ἀποθανόντος ᾿ἐπαγγέλλειν. ἐὰν δὲ τοῦ δημάρχου ἐπαγγείλαντος μὴ ἀναιρῶνται οἱ προσήκοντες, ὁ μὲν δήμαρχος ἀπομισθωσάτω ἀνελεῖν καὶ καταθάψαι καὶ καθῆραι τὸν δῆμον αὐθημερόν, ὅπως ἂν δύνηται ὀλι- γίστου" ἐὰν δὲ μὴ ἀπομισθώσῃ, ὀφειλέτω χιλίας δρα- χμὰς τῷ δημοσίῳ. 6 τὸ 6 ὧν ἀναλώσῃ, διπλάσιον πραξάσθω παρὰ τῶν ὀφειλόντων: ἐὰν δὲ μὴ πράξῃ, αὐτὸς ὀφειλέτω τοῖς δημόταις. τοὺς δὲ μὴ ἀποδιδόντας

α The Ephetae formed a court of fifty-one nobles (Eupa- 98

AGAINST MACARTATUS, 56-58

made any claim for the hand of the heiress, who was

the daughter of the first cousin of Hagnias on his

father’s side, and yet demands to have the estate of

Hagnias contrary to the laws? Could there be persons

more shameless or more abominable than these ? (To the clerk.) Read the other laws also.

Tue Laws

Proclamation shall be made in the market-place to the 57 shedder of blood by a kinsman within the degree of cousin and cousinship, and cousins and sons of cousins and sons-in-law and fathers-in-law and clansmen shall join in the pursuit. To secure condonation, if there be father or brother or sons, all must concur, or whoever opposes shall prevail. And if there be none of these and the slaying was involuntary, and the Fifty-one, the Ephetae,? shall agree that the slaying was involuntary, let the clansmen, ten in number, grant the right of entrance to the shedder of blood, if they see fit; and let these be chosen by the Fifty-one according to rank. And those who had shed blood before the enactment of this statute shall be bound by its provisions.—And when persons die in the demes and no one takes them up for burial, let the Demarch give notice to the relatives to take them up and bury them, and to purify the deme on the day on which each of them dies. In the case of slaves he shall give notice to 58 their masters, and in the case of freemen to those possessing their property ; and if the deceased had no property, the Demarch shall give notice to the relatives of the deceased. And if, after the Demarch shall have given notice, the relatives do not take up the body, the Demarch shall contract for the taking up and burial of the body, and for the purification of the deme on the same day at the lowest possible cost. And if he shall not so contract, he shall be bound to pay a thousand drachmae into the public treasury. And whatsoever he shall expend, he shall exact double the amount from those liable ; and if he does not exact it he shall himself be under obligation to repay it to the demesmen. And those who do not pay the

tridae) having jurisdiction over cases of homicide. See Aristotle, Constitution of Athens lvii, with Sandys’s note.

99

59 [1070]

60

61

DEMOSTHENES

κ᾿ , ra “ al “ “ Ν val ” τὰς μισθώσεις TOV τεμενῶν τῶν τῆς θεοῦ καὶ τῶν ἄλλων

A x a > ee 5 \ > Ν \ θεῶν και Τῶν ἐπωνύμων ατιμους εινᾶαι καὶ αὐτοὺς KAL

’ Ν , ἊΝ ,ὔ if ν» > an γένος καὶ κληρονόμους τοὺς τούτων, ἕως ἂν ἀποδῶσιν.

~ ¢

Ταῦτα πάνθ᾽, ὅσα οἱ νόμοι προστάττουσι τοὺς προσήκοντας ποιεῖν, ἡμῖν προστάττουσι καὶ ἀν- αγκάζουσι ποιεῖν, ὦ ἄνδρες δικασταί. Μακαρτάτῳ \ \ 291 , 29) / x δὲ τουτῳὶ οὐδὲ διαλέγονται, οὐδὲ Θεοπόμπῳ τῷ πατρὶ τῷ τούτου: οὐδὲ γάρ εἰσιν ἐκ τοῦ οἴκου τοῦ « \ ly ~ oO Ayviov τὸ παράπαν: πῶς av οὖν τούτοις TL προσ- τάττοιεν;

3 > ὩΣ > + \ \ \

AdA οὗτος, ὦ ἄνδρες δικασται, “πρὸς μὲν τοὺς νόμους καὶ τὰς μαρτυρίας, ἃς ἡμεῖς παρεχόμεθα, δίκαιον οὐδ᾽ ὁτιοῦν ἔχει λέγειν, ἀγανακτεῖ δὲ καὶ δεινά φησι πάσχειν, ὅτι τοῦ πατρὸς τετελευτηκότος ἀγωνίζεται. ἐκεῖνο δ᾽ οὐκ ἐνθυμεῖται, ὦ ἄνδρες δικασταί, ὁ ὅτι ὁ πατὴρ αὐτοῦ ἄνθρωπος ἢ ἦν θνητός, καὶ τετελεύτηκε μετ᾽ ἄλλων πολλῶν καὶ νεωτέρων

> Kal πρεσβυτέρων. ἀλλ᾽ εἰ Θεόπομπος τετελεύ- / ¢

THKEV ὁ τούτου πατήρ, οἱ νόμοι οὐ τετελευτήκασιν, > \ \ / /, 99>? ¢ δὴ « οὐδὲ τὸ δίκαιον τετελεύτηκεν, οὐδ᾽ οἱ δικασταὶ οἵ τὴν ψῆφον ἔχοντες. ἔστι δ᾽ ὁ νῦν ἀγὼν καὶ ἡ διαδικασία, οὐκ εἴ τις ἕτερος ἑτέρου πρότερος ἢ ὕστερος “ι΄. ἀλλ᾽ εἰ μὴ προσήκει ἐξελα- ~ ~ ae θῆναι ἐκ τοῦ οἴκου τοῦ ᾿Αγνίου τοὺς οἰκείους τοὺς Ὃ {2 > \ cA \ > ~ ~ Ayviov, ἀνεψιοὺς ὄντας Kat ἀνεψιῶν παῖδας ᾿Αγνίᾳ πρὸς πατρός, ὑπὸ τῶν ἐκ τοῦ Στρατίου οἴκου καὶ μηδὲν προσηκόντων ὥστε “κληρονομεῖν τῶν ᾿Αγνίου, ἀλλὰ γένει ἀπωτέρω ὄντων. περὶ τούτου νῦν ἐστιν ὁ ἀγών.

wv \ / / ὍΝ 4 ,ὔ

Ez δὲ σαφέστερον γνώσεσθε, ὦ ἄνδρες δικασταί,

A > ~ ~ / Ὁ“ « / Ν᾿ / καὶ ἐκ τοῦδε τοῦ νόμου, ὅτι ὁ Σόλων ὁ νομοθέτης 100

AGAINST MACARTATUS, 58-62

rents due for the lands of the goddess or of the gods and the eponymous heroes shall be disenfranchised, them- selves and their family and their heirs, until they shall make payment.

All these duties which the laws lay upon relatives to perform, they lay upon us, and compel us to per- form them, men of the jury. But to Macartatus here they say not a word, nor to Theopompus, his father ; for they belong in no sense to the family of Hagnias. Why, then, should the laws lay any duties upon them?

But the defendant, men of the jury, while he has no just argument whatever to make against the laws and the depositions which we produce, makes a show of indignation, and says he is being cruelly treated because, his father being dead, it falls to him to be defendant in this suit. But he does not bear in mind, men of the jury, that his father was a mortal man, and has met his end along with many others both younger and older than himself. Yet if Theopompus, the father of the defendant, is dead, the laws are not dead, nor is justice, nor are the jurymen with whom the verdict rests. The present contest and the present trial are not to decide whether one man has died before or after another, but whether or not it is right that the kinsmen of Hagnias, cousins and children of cousins to Hagnias on his father’s side, should be driven out from the family of Hagnias by persons belonging to the family of Stratius, who have no shadow of right to inherit the estate of Hagnias, but are more remote of kin. This is the question at issue in the present trial.

You will see even more clearly, men of the jury, from the following law, that the lawgiver Solon is

101

60

62

[1071]

63

64

DEMOSTHENES

tf A \ > / \ ᾽ / / σπουδάζει περὶ τοὺς οἰκείους, Kal οὐ μόνον δίδωσι \ / > ‘ \ A / τὰ καταλειφθέντα ἀλλὰ Kal τὰ προστάγματα ποιεῖται τὰ δυσχερῆ ἅπαντα τοῖς προσήκουσιν. Λέγε τὸν νόμον.

ΝΟΜΟΣ

Τὸν ἀποθανόντα προτίθεσθαι ἔνδον, ὅπως ἂν βούλη- ται. ἐκφέρειν. δὲ τὸν ἀποθανόντα τῇ ὑστεραίᾳ ἡ ἂν προθῶνται, πρὶν ἥλιον ἐξέχειν. βαδίζειν δὲ τοὺς ἄνδρας πρόσθεν, ὅταν ἐκφέρωνται, τὰς δὲ γυναῖκας ὄπισθεν. γυναῖκα δὲ μὴ ἐξεῖναι εἰσιέναι εἰς τὰ τοῦ ἀποθανόντος μηδ᾽ ἀκολουθεῖν ἀποθανόντι, ὅταν εἰς τὰ σήματα ἄγη- ται, ἐντὸς ἑξήκοντ᾽ ἐτῶν γεγονυῖαν, πλὴν ὅσαι ἐντὸς τς τς εἰσι" μηδ᾽ εἰς τὰ τοῦ ἀποθανόντος εἰσιέναι, ἐπειδὰν ἐξενεχθῇ ὁ νέκυς, γυναῖκα μηδεμίαν πλὴν ὅσαι ἐντὸς ἀνεψιαδῶν εἰσιν.

Οὐκ ἐᾷ εἰσιέναι οὗ ἂν 7 ὁ τετελευτηκὼς οὐδεμίαν γυναῖκα ἄλλην ἢ τὰς προσηκούσας μέχρι ἀνεψιό- THTOS, καὶ πρὸς τὸ μνῆμα ἀκολουθεῖν τὰς αὐτὰς ταύτας. Φυλομάχη τοίνυν ἡ Πολέμωνος ἀδελφὴ τοῦ πατρὸς τοῦ ᾿Αγνίου οὐκ ἀνεψιὰ ἦν ᾿Αγνίᾳ,

\ ἀλλὰ τηθίς- ἀδελφὴ yap ἦν Πολέμωνος τοῦ πατρὸς τοῦ ᾿Αγνίου. Εὐβουλίδης δὲ ὁ υἱὸς ταύτης τῆς γυναικὸς ἀνεψιὸς ἢ ἣν πρὸς πατρὸς ‘Ayvia, οὗ ἐστιν ὁ κλῆρος. τοῦ δ᾽ Εὐβουλίδου ἢ nv θυγάτηρ 7 ἡ τουτουὶ τοῦ παιδὸς “μήτηρ. ταύτας κελεύει τὰς προσ- nKovoas καὶ παρεῖναι τῇ προθέσει τοῦ τετε- λευτηκότος καὶ ἐπὶ τὸ μνῆμα ἀκολουθεῖν, οὐ τὴν Μακαρτάτου μητέρα οὐδὲ τὴν Θεοπόμπου γυναῖκα"

" \ Ἂν ~ «ς / “ > 3. Δ. > Ὁ /

οὐδὲν yap προσῆκεν ‘Ayvia αὕτη, ἀλλ᾽ ἦν ἐξ ἑτέρας ~ > / \ > ¢ / /

φυλῆς ᾿Ακαμαντίδος Kat ἐξ ἑτέρου δήμου IIpoc-

παλτόθεν, ὥστε τὸ παράπαν οὐδ᾽ ἤσθετο, ὅτε

102

AGAINST MACARTATUS, 62-64

very much in earnest in regard to those who are relatives, and not only gives them the property left by the deceased, but also lays upon them all the burdensome obligations.

(To the clerk.) Read the law.

THe Law

The deceased shall be laid out in the house in any way one chooses, and they shall carry out the deceased on the day after that on which they lay him out, before the sun rises. And the men shall walk in front, when they carry him out, and the women behind. And no woman less than sixty years of age shall be permitted to enter the chamber of the deceased, or to follow the deceased when he is carried to the tomb, except those who are within the degree of children of cousins ; nor shall any woman be permitted to enter the chamber of the deceased when the body is carried out, except those who are within the degree of children of cousins.

The law does not allow any woman except female relatives within the degree of cousinship to enter the chamber where the deceased lies, and it permits these same women to follow to the tomb. Now Phylomaché, the sister of Polemon, the father of Hagnias, was not cousin to Hagnias, but aunt; for she was sister to Polemon, the father of Hagnias. But Eubulides, the son of this woman, was cousin on his father’s side to Hagnias, whose inheritance is in question. And the mother of this boy here was the daughter of Eubulides. These female relatives the law commanded to be present at the laying out of the deceased, and to follow to the tomb, not the mother of Macartatus nor the wife of Theopompus ; for she was in no way related to Hagnias, but was of another tribe, the Acamantis, and of another deme, that of Prospalta, so that she was not even apprised in any

103

63

DEMOSTHENES

Ss A “. ,ὔ [2 / A 65 ἦν τετελευτηκὼς ‘Ayvias. ὑπεραναίσχυντον δὴ οὗτοι κατασκευάζουσι πρᾶγμα, ὡς ἄρα δεῖ ἡμᾶς \ \ ~ A ε ~ Kal τὰς γυναῖκας Tas ἡμετέρας τοῦ μὲν σώματος an - Ἔ , “΄»» ΄ , > 2] τοῦ “Ayviov, ὅτ᾽ ἐτετελευτήκει, κληρονόμους εἶναι A ~ καὶ ποιεῖν ἅπαντα τὰ νομιζόμενα, ὡς προσήκοντας \ / ~ καὶ γένει ὄντας ἐγγυτάτω, τὸν δὲ κλῆρον οἴεσθαι - ” A 6 / ~ / δεῖν ἔχειν τὸν “Ayviov τοῦ τετελευτηκότος Ma- κάρτατον, ἐκ τοῦ Στρατίου οἴκου ὄντα καὶ ἐκ τῆς » ~ Απολήξιδος τοῦ ΤΓροσπαλτίου θυγατρός, Μακαρ- τάτου δ᾽ ἀδελφῆς. ἀλλ᾽ οὔτε δίκαιον otf ὅσιον τοῦτ᾽ ἔστιν, ὦ ἄνδρες δικασταί. 5 vA Ψ. A > ~ ᾽ὔ ~ > 66 ᾿Ανάγνωθι δέ μοι τὰ ἐκ τῆς μαντείας τῆς ἐκ Δελφῶν κομισθείσης παρὰ τοῦ θεοῦ, ἵν᾽ αἴσθησθε ὅτι ταὐτὰ λέγει περὶ τῶν προσηκόντων τοῖς νόμοις τοῖς τοῦ Σιόλωνος.

MANTEIA

᾿Αγαθῇ τύχῃ. ἐπερωτᾷ ὁ δῆμος 6 ᾿Αθηναίων περὶ τοῦ σημείου τοῦ ἐν τῷ οὐρανῷ γενομένου, ὅ τι ἂν δρῶσιν ᾿Αθηναίοις ἢ ὅτῳ θεῷ θύουσιν ἢ εὐχομένοις εἴη ἐπὶ τὸ ἄμεινον, ἀπὸ τοῦ σημείου. συμφέρει ᾿Αθηναίοις περὶ τοῦ σημείου τοῦ ἐν τῷ οὐρανῷ γενομένου θύοντας καλλιερεῖν Διὶ ὑπάτῳ, ᾿Αθηνᾷ ὑπάτῃ, Hpakdei, ᾿Απόλ- λωνι σωτῆρι, καὶ ἀποπέμπειν ᾿Αμφιόνεσσι: περὶ τύχας ἀγαθᾶς ᾿Απόλλωνι ἀγυιεῖ, Λατοῖ, ᾿Αρτέμιδι, καὶ τὰς ἀγυιὰς κνισῆν, καὶ κρατῆρας ἱστάμεν καὶ χορούς, καὶ στεφαναφορεῖν καττὰ πάτρια θεοῖς ᾿Ολυμπίοις καὶ ᾿Ολυμπίαις πάντεσσι καὶ πάσαις, δεξιὰς καὶ ἀριστερὰς ἀνίσχοντας, μνασιδωρεῖν καττὰ πάτρια" ἥρῳ ἀρχαγέτᾳ,

104

AGAINST MACARTATUS, 65-66

way at the time Hagnias lay dead. It is surely a most outrageous result that these men are scheming to bring phone. that forsooth we and the women of our family should inherit the body of Hagnias, when he was dead, and should perform all the proper rites, as being relatives and nearest of kin, but that Macartatus should claim the right to possess the estate of the dead Hagnias, though he belongs to the house of Stratius and is descended from Apolexis, daughter of the Prospaltian and sister of Macartatus. But this is neither just nor righteous, men of the jury. (To the clerk.) Now please read the words of the oracle brought from Delphi, from the shrine of the god, that you may see that it speaks in the same terms concerning relatives as do the laws of Solon.

THe ORACLE

May good fortune attend you. The people of the Athenians make inquiry about the sign which has appeared in the heavens, asking what the Athenians should do, or to what god they should offer sacrifice or make prayer, in order that the issue of the sign may be for their advantage. It will be well for the Athenians with reference to the sign which has appeared in the heavens that they sacrifice with happy auspices to Zeus most high, to Athena most high, to Heracles, to Apollo the deliverer, and that they send due offerings to the Amphiones *; that they sacrifice for good fortune to Apollo, god of the ways, to Leto and to Artemis, and that they make the streets steam with the savour of sacrifice ; that they set forth bowls of wine and institute choruses and wreathe them- selves with garlands after the custom of their fathers, in honour of all the Olympian gods and goddesses, lifting up the right hand and the left, and that they be mindful to bring gifts of thanksgiving after the custom of their fathers. And ye shall offer sacrificial gifts after the custom of your

* Possibly, Amphion and Zethus; but their tomb was near Thebes. See Pausanias ix. 17. 4.

105

65

67 [1073]

68

69

DEMOSTHENES

Qa eee oe) ΄ s 9 - κ ,

OV ἐπώνυμοι EOTE, θύειν και δωροτελεῖν κΚαττου, ΟΠ sas τοῖς ἀποφθιμένοις ἐ εν ἵκνοι peeve. ἁμέρᾳ. τελεῖν τοὺς ποθί- κοντας καττὰ ἁγημένα.

> / 4 / Ὁ“ ΕῚ A ,ὔ a Ακούετε, ἄνδρες δικασταί, ὅτι ταὐτὰ λέγει ὃ >? “ ~ τε Σόλων ἐν Tots νόμοις καὶ ὁ θεὸς ἐν TH μαντείᾳ, eo! / A ~ κελεύων τοῖς κατοιχομένοις ποιεῖν τοὺς προσήκον- >? A τας ev ταῖς καθηκούσαις ἡμέραις. ἀλλὰ τούτων ° \ ” / > A if if οὐδὲν ἔμελε Θεοπόμπῳ οὐδὲ Μακαρτάτῳ TovTwt, / \ - ἀλλὰ τούτου μόνον, τὰ μὴ προσήκοντα ἑαυτοῖς 7 > - ἔχειν, καὶ ἐγκαλεῖν ὅτι πολὺν χρόνον ἐχόντων ἑαυτῶν τὸν κλῆρον νυνὶ ἀγωνίζονται. ἐγὼ δ᾽ 3 ,

ὦμην, ὦ ἄνδρες δικασταί, προσήκειν τὸν τἀλλότρια ἀδίκως ἔχοντα οὐκ ἐγκαλεῖν, εἰ πλείω χρόνον εἶχεν, > A / δῷ ἡ \ δι en > \ “ id ἀλλὰ χάριν εἰδέναι, μὴ ἡμῖν, ἀλλὰ τῇ τύχῃ, ὅτι πολλαὶ καὶ ἀναγκαῖαι διατριβαὶ ἐγένοντο ἐν τῷ μεταξὺ χρόνῳ, ὥστε νῦν περὶ τούτων ἀγωνίζεσθαι.

Οὗτοι μὲν οὖν τοιοῦτοί εἰσιν ἄνθρωποι, ὦ ἄνδρες δικασταί, καὶ μέλει αὐτοῖς οὐδὲν οὔτε τοῦ οἴκου > / an ge: / + ~ Μ a ἐξερημουμένου τοῦ “Ayviov οὔτε τῶν ἄλλων ὅσα παρανομοῦσιν: οἵτινές γε, ὦ Ζεῦ καὶ θεοί, τὰ μὲν ” / A / \ 7 A A ἄλλα τί av tis λέγοι περὶ τούτων; πολλὰ γὰρ ἂν εἴη λέγειν: ἕν δὲ παρανομώτατον καὶ μιαρώτατον διαπεπραγμένοι εἰσί, καὶ μάλιστ᾽ ἐνδεικνύμενοι a ° \ > ~ / \ ~ ~ τ ὅτι οὐδενὸς ἁὐτοῖς μέλει πλὴν τοῦ πλεονεκτεῖν" οὐ γὰρ ἔφθη Θεόπομπος τὴν ἐπιδικασίαν ποιησάμενος τοῦ κλήρου τοῦ ᾿Αγνίου τὸν τρόπον τοῦτον ὃν ¢€ “- > / \ > \ 3 / -“ A > \ ὑμεῖς ἀκηκόατε, καὶ εὐθὺς ἐνεδείξατο ὅτι τὰ οὐδὲν προσήκονθ᾽ ἑαυτῷ ἔχειν ἐνόμιζεν. ὃ γὰρ ἦν

A - «ς

πλείστου ἀξιον ἐν τοῖς χωρίοις τοῖς ᾿Αγνίου καὶ 106

AGAINST MACARTATUS, 66-69

fathers to the hero-founder after whom ye are named ; and for the dead their relatives shall make offerings on the appointed day according to established custom.

You hear, men of the jury, that Solon in the laws and the god in the oracle use the same language, bidding the relatives to perform rites for the departed on the proper days. But neither Theopompus nor the defendant Macartatus cared at all for these things ; they cared only for this, that they might retain possession of what does not belong to them, and to complain that after having had the estate for so long, they must now defend their title to it. I should have thought, men of the jury, that one who unjustly keeps in his possession the property of another, should not make complaints if he has kept it in his possession longer than is right, but should be grateful, not to us, but to fortune, that so many unavoidable delays have occurred in the interim, so that he is not brought to trial until now.

Our opponents, then, men of the jury, are men of this stamp ; they care nothing either for the extinc- tion of the house of Hagnias, or for all the rest of their lawless deeds ; men, who, O Zeus and the gods— but why should one mention the other things relative to them ? There would be much indeed to tell of. But one thing which they have brought to pass is the most lawless and the most abominable, and most clearly proves that they care for nothing except their profit.

68

For no sooner had Theopompus got the award of the 69

estate of Hagnias in the manner which you have heard, than he at once gave proof that he knew well that he was in possession of what in no sense belonged to him. The thing which was of the greatest value on the farms belonging to Hagnias, and which was

107

DEMOSTHENES

΄ \ ἐθαυμάζετο μάλιστα καὶ ὑπὸ τῶν προσχώρων Kal ¢ \ ~ A > / ¢€ La Weel / > ὑπὸ τῶν ἄλλων ἀνθρώπων, at ἐλᾶαι, ταύτας ἐξ- WpuTtov καὶ ἐξεπρέμνιζον, πλεῖν ἢ χίλια στελέχη, ὅθεν ἔλαιον πολὺ ἐγίγνετο. ταύτας οὗτοι ἀπέδοντο ἐκπρεμνίσαντες, καὶ ἀργύριον ὑπέρπολυ ἔλαβον.

[1074] καὶ ταῦτ᾽ ἐποίουν οὗτοι ἐπιδίκου ἐ ὄντος τοῦ ) κλήρου

70

71

τοῦ ᾿Αγνίου κατὰ τὸν νόμον, καθ᾽ ὅνπερ οὗτοι τὴν τουτουὶ μητέρα προσεκαλέσαντο.

“Ort δὲ ταῦτ᾽ ἀληθῆ λέγω, καὶ ἐξεπρέμνισαν τὰς ἐλάας ἐκ τῶν ,χωρίων ὧν ᾿Αγνίας κατέλιπε, μάρ- τυρας ὑμῖν τούτων παρεξόμεθα τούς τε προσχώρους καὶ τῶν ἄλλων οὗς παρεκαλέσαμεν, ὅτ᾽ ἐπεμαρ- τυρόμεθα περὶ τούτων.

Λέγε τὴν μαρτυρίαν.

MAPTYPIA Μαρτυροῦσιν ἀκολουθῆσαι ᾿Αραφῆνάδε παρακληθέν-

τες ὑπὸ Σωσιθέου εἰς τοὺς ᾿“Αγνίου ἀγρούς, ἐπειδὴ Θεόπομπος ἐπεδικάσατο τοῦ κλήρου τοῦ ᾿Αγνίου, καὶ ἐπιδεικνύναι αὑτοῖς Σωσίθεον τὰς ἐλάας πρεμνιζομένας ἐκ τοῦ ᾿Αγνίου ἀγροῦ.

Εἰ μὲν τοίνυν, ὦ ἄνδρες δικασταί, τὸν τετελευτη- κότα μόνον ὕβριζον ταῦτα διαπραξάμενοι, δεινὰ μὲν ἂν ἐποίουν, ἧττον δέ: νῦν δὲ καὶ εἰς ὅλην τὴν πόλιν ταυτηνὶ ὑβρίκασι καὶ παρανενομήκασιν. γνώσεσθε δὲ ἐπειδὰν τοῦ νόμου ἀκούσητε.

᾿Αναγίγνωσκε τὸν νόμον.

ΝΟΜΟΣ

"Kav τις ἐλάαν ᾿Αθήνησιν ἐξορύττῃ, ἐὰν μὴ εἰς ἱερὸν ᾿Αθηναίων δημόσιον ἢ 67 οτικόν, 7 ἑαυτῷ ῆσθαι μέχρι ] Mt ἢ δημο ) (ρῆσθαι μέχρ δυοῖν ἐλάαιν τοῦ ἐνιαυτοῦ ἑκάστου, ἢ ἐπὶ ἀποθανόντα

108

AGAINST MACARTATUS, 69-71

most admired by the neighbours and by everybody else, was the olive trees. These they dug up and rooted out, more than a thousand trees, from which a large quantity of oil was produced. These trees our opponents rooted out and sold, and received a huge sum of money. And they did this while the estate of Hagnias was still subject to adjudication in accordance with the very law which had permitted them to cite the mother of this boy here.

To prove that I speak the truth in this, that they 70 rooted up the olive trees from the farms which Hagnias left, I will produce for you as witnesses the neighbours and others whom we summoned, when we made a solemn protest against this action.

(To the clerk.) Read the deposition.

Tue DeposiTrion

The deponents testify that on being summoned by Sosi- theus they accompanied him to Araphen,* to the lands of Hagnias, after Theopompus had had the estate of Hagnias adjudged to him, and that Sositheus showed them the olive trees being rooted up from the land of Hagnias.

If now, men of the jury, it were against the dead 71 man only that they had committed an outrage in doing this, their conduct would have been disgraceful, though in a less degree ; but in reality it is against the whole city that they have committed this outrage, and they have broken your laws. You will know this, when you have heard the law.

(To the clerk.) Read the law.

Tue Law

If anyone shall dig up an olive tree at Athens, except it be for a sanctuary of the Athenian state or of one of its demes, or for his own use to the number of two olive trees each year, or

@ Araphen was a deme of the tribe Aegeis.

109

[1075] ¢

72

73

DEMOSTHENES

4 / 5 , «ε Ν A - (Ν ’ὔ, δέῃ χρήσασθαι, ὀφείλειν ἑκατὸν δραχμὰς τῷ δημοσίῳ τῆς ἐλάας ἑκάστης, τὸ δὲ ἐπιδέκατον τούτου τῆς θεοῦ πο 3 , NB! Ν a 39 7 »“ 3 4 € Ν εἶναι. ὀφειλέτω δὲ καὶ τῷ ἰδιώτῃ τῷ ἐπεξιόντι ἑκατὸν δραχμὰς καθ᾽ ἑκάστην ἐλάαν. τὰς δὲ δίκας εἶναι περὶ τούτων πρὸς τοὺς ἄρχοντας, ὧν ἕκαστοι δικασταί εἰσι. πρυτανεῖα δὲ τιθέτω ὁ διώκων τοῦ αὑτοῦ μέρους. ὅτου δ᾽ ἂν καταγνωσθῇ, ἐγγραφόντων οἱ “ἄρχοντες, πρὸς ous ἂν ἡ ἡ δίκη, τοῖς πράκτορσιν, ὃ τῷ δημοσίῳ γίγνεται: ὃ δὲ TH Jew γίγνεται, τοῖς ταμίαις τῶν τῆς θεοῦ.

ἐὰν δὲ μὴ ἐγγράφωσιν, αὐτοὶ ὀφειλόντων.

18) \ / Ψ > / > “- δ᾽ > 6 μὲν νόμος οὕτως ἰσχυρός. ἐκεῖνο δ᾽ ἐνθυ- μεῖσθε πρὸς ὑμᾶς αὐτούς, ὦ avdpes δικασταί, τί ποτ᾽ οἴεσθ᾽ ἡμᾶς πάσχειν ἐν τῷ παρεληλυθότι χρόνῳ ὑπὸ τούτων καὶ ὑπὸ τῆς ὕβρεως τῆς τούτων, ὅπου ὑμῶν, πόλεως τηλικαυτησί, κατεφρόνησαν καὶ τῶν νόμων τῶν ὑμετέρων, καὶ ἃ διαρρήδην ἀπαγο- ρεύουσιν ot νόμοι μὴ ποιεῖν, οὑτωσὶ καταφρονητι- κῶς ἠκίσαντο τὰ χωρία ἃ κατέλιπεν ᾿Αγνίας. ὁ δὲ νόμος “ἀπαγορεύει μηδ᾽ ἐκ τοῦ αὑτοῦ χωρίου τοῦ πατρῴου μηδὲν τούτων ποιεῖν. πολύ γε αὐτοῖς μέλει ἢ τοῖς νόμοις τοῖς ὑμετέροις πείθεσθαι, ἢ ὅπως μὴ ἐξερημωθήσεται 6 ὁ οἶκος ὁ ᾿Αγνίου. γὼ Ὁ τὸ ἄνδρες δικασταί, βούλομαι περὶ

ἐμαυτοῦ πρὸς ὑμᾶς εἰπεῖν διὰ βραχέων, καὶ δεῖξαι ὅτι οὐχ ὁμοίως τούτοις ἐπιμέλειαν ἐ ἐποιησάμην τοῦ οἴκου τοῦ ᾿Αγνίου, ὅπως μὴ ἐξερημωθήσεται. καὶ αὐτὸς γάρ εἰμι τοῦ γένους τοῦ Βουσέλου “A- βρωνος γὰρ τοῦ Βουσέλου υἱέος ἔλαβε τὴν θυγα- τριδῆν Καλλίστρατος, Εὐβουλίδου μὲν υἱὸς ὦν, Βουσέλου δ᾽ ὑϊδοῦς: καὶ ἐκ τῆς “ABpwvos θυγα-

1 The words ὃ δὲ. . γίγνεται, lacking in the mss., were added by Reiske. 110

AGAINST MACARTATUS, 71-73

except it be needful to use it for the service of one who is dead, he shall be fined one hundred drachmae, to be paid into the public treasury, for each tree, and the tenth part of this sum shall belong to the goddess. Furthermore he shall be obligated to pay to the private individual who prosecutes him one hundred drachmae for each olive tree. And suits concerning these matters shall be brought before the archons, according as they severally have jurisdiction. And the prosecutor shall deposit the court fees for his share. And when a person shall have been convicted, the archon before whom the case was brought shall make a report to the collectors of the amount due to the treasury, and of the amount due to the goddess, to the treasurers of the goddess. And if they fail to make such reports, they shall themselves be liable for the amount.

The law is thus severe. But pray ponder in your minds, men of the jury, what you must imagine us to have suffered in the past from these men and the insolence of these men, when they have shown con- tempt toward you, so great a people, and have done what the laws expressly forbid their doing, in thus contemptuously laying waste the farms which Hagnias left. The law forbids anyone to root up any of these things even out of his own land inherited from his fathers. Much indeed do these men care either about obedience to your laws or the saving of the house of Hagnias from extinction !

I desire, men of the jury, to speak to you in a few words about myself, and to prove to you that I have, in a very different way from theirs, shown my concern that the house of Hagnias should not become extinct. For I, too, am myself of the family of Buselus. For Callistratus married the granddaughter of Habron, the son of Buselus, being himself the son of Eubulides and grandson of Buselus ; and from the grand-

111

73

74

[1076]

DEMOSTHENES

τριδῆς καὶ ἐκ Καλλιστράτου τοῦ ἀδελφιδοῦ τοῦ "ABpwvos ἐγένετο ἡ μήτηρ ἡ ἡμετέρα. ἐγὼ ὃ. ἐπειδὴ ἐπεδικασάμην τῆς τουτουὶ μητρὸς καὶ ἐγένοντό μοι υἱεῖς μὲν τέτταρες, θυγάτηρ δὲ μία, τὰ ὀνόματα ἐθέμην τούτοις, ὦ ἄνδρες δικασταί, τῷ μὲν πρεσβυτάτῳ τὸ τοῦ πατρὸς τοῦ ἐμαυτοῦ ὄνομα, Σωσίαν, ὥσπερ καὶ δίκαιόν ἐστι, καὶ ἀπέδωκα τῷ πρεσβυτάτῳ τοῦτο τὸ ὄνομα: τῷ δὲ μετ᾽ αὐτὸν γενομένῳ τουτῳὶ ἐθέμην Εὐβουλίδην, ὅπερ ἢν ὄνομα. τῷ πατρὶ τῷ τῆς μητρὸς τῆς τοῦ παιδὸς τουτουί" τῷ δὲ μετὰ τοῦτον Μενεσθέα ἐθέμην: καὶ γὰρ ὁ Μενεσθεὺς οἰκεῖος ἣν τῆς ἐμῆς γυναικός: τῷ δὲ νεωτάτῳ ἐθέμην ὄνομα Kaddi- στρατον, ὃ ἣν ὄνομα τῷ πατρὶ τῷ τῆς ἐμῆς μητρός. ἔτι δὲ πρὸς τούτοις καὶ τὴν θυγατέρ᾽ ἔδωκα οὐδαμόσε ἔξω, ἀλλὰ τῷ ἀδελφιδῷ τῷ ἐμαυτοῦ, ὅπως, ἐὰν ὑγιαίνωσι, καὶ οἱ ἐκ τούτων ἐκ τοῦ αὐτοῦ γένους ὦσιν ᾿Αγνίᾳ. ἐγὼ μὲν οὖν τοῦτον τὸν τρόπον διῴκησα, ὅπως ἂν διασῴζωνται ὅτι μάλιστα οἱ οἶκοι οἵ ἀπὸ τοῦ Βουσέλου: τούτους δ᾽ ἐξετάσωμεν πάλιν.

Καὶ πρώτιστον μὲν τὸν νόμον τουτονί ἀνάγνωθι.

ΝΟΜΟΣ

‘O ἄρχων ἐπιμελείσθω τῶν ὀρφανῶν καὶ τῶν ἐπι- κλήρων καὶ τῶν οἴκων τῶν ἐξερημουμένων καὶ τῶν γυναι- κῶν, ὅσαι μένουσιν ἐν τοῖς οἴκοις τῶν ἀνδρῶν τῶν τεθνη- κότων φάσκουσαι κυεῖν. τούτων ἐπ ἱμελείσθω καὶ μὴ ἐάτω ὑβρίζειν μηδένα περὶ τούτους. ἐὰν δέ τις ὑβρί(η ἢ ποιῇ τι παράνομον, κύριος ἔστω ἐπιβάλλειν κατὰ τὸ τέλος. ἐὰν δὲ μείζονος ζημίας δοκῇ ἄξιος εἶναι, προσ- καλεσάμενος πρόπεμπτα καὶ τίμημα ἜΣ ς ὅ

112

AGAINST MACARTATUS, 73-75

daughter of Habron and Callistratus, the nephew of

Habron, our mother was born. I myself, when I had 74

been awarded the hand of the mother of this boy, and four sons and one daughter had been born to me, gave them, men of the jury, the following names : to the eldest I gave, as was fitting, the name of my father Sosias, and thus I gave to the eldest this name that was his due; to the son born next after him I gave the name Eubulides, which was the name of the father of this boy’s mother ; to the next after him I gave the name Menestheus, for Menestheus was a relative of my wife ; and to the youngest I gave the name Cal- listratus, which was the name of my mother’s father. In addition to all this, I did not give my daughter in marriage into another family, but to my own brother’s son, in order that, if they had health, the children born of them should be of the same family as Hagnias. I, then, administered matters in this way, in order that the families springing from Buselus should as completely as possible be preserved. As for our opponents, let us examine them once more. (To the clerk.) And first of all read this law.

THe Law

Let the archon take charge of orphans and of heiresses and of families that are becoming extinct, and of all women who remain in the houses of their deceased husbands, declaring that they are pregnant. Let him take charge of these, and not suffer anyone to do any outrage tothem. And if anyone shall commit any outrage or any lawless act against them, he shall have power to impose a fine upon such person up to the limit fixed by law. And if the offender shall seem to him to be deserving of a more severe punishment, let him summon such a person, giving him five days’ notice, and bring him before the court of Heliaea, writing upon the indictment the

VOL. II I 113

76

[1077]

aid

78

DEMOSTHENES

bal a > - > ΄ > 5 ε , a8 2

τι ἂν δοκῇ αὐτῷ, εἰσαγέτω εἰς THY ἡλιαίαν. ἐὰν ὃ

ἁλῷ, τιμάτω ἡ ἡλιαί, t τοῦ ἁλόντος, ὅ τι χρὴ

ΔΩ; ! ἷ Ἵ ἢ oe περι TOV α ος, χρὴ αὐτὸν παθεῖν ἢ ἀποτεῖσαι.

Πῶς ἂν οὖν μᾶλλον ἐξερημώσαιεν ἄνθρωποι οἶκον, ἢ εἴ τινες τούς τε γένει ὄντας ἐγγυτάτω ᾿Αγνίᾳ, τούτους ἐξελαύνοιεν ἐξ ἑ ἑτέρου οἴκου ὄντες τοῦ Στρατίου, καὶ πάλιν εἰ τὸν μὲν κλῆρον ἀξιοῖ ἔχειν τὸν ‘Ayviov ὡς γένει προσήκων, τὸ δ᾽ ὄνομά ἐστιν αὐτῷ μὴ ὅτι ἐκ τοῦ ᾿Αγνίου οἴκου, ἀλλ᾽ οὐδ᾽ ἐκ τοῦ Στρατίου ἐστὶ τοῦ ἑαυτοῦ προγόνου, οὐδὲ τῶν ἄλλων ἀπογόνων τῶν Βουσέλου, τοσούτων γενομένων, οὐδενὸς ἔχει τὸ ὄνομα; ἀλλὰ πόθεν δή ἐστι τὸ ὄνομα ὁ Μακάρτατος; ἐκ τῶν πρὸς μητρός. εἰσεποιήθη γὰρ οὗτος εἰς τὸν οἶκον τὸν Μακαρτάτου τοῦ Προσπαλτίου, “ἀδελφοῦ ὄντος τῆς μητρὸς τῆς τούτου, καὶ ἔχει καὶ ἐκεῖνον τὸν οἶκον. καὶ οὕτως ἐστὶν ὑβριστής, ὥστε γενομένου αὐτῷ υἱέος τοῦ μὲν εἰσαγαγεῖν εἰς τὸν οἶκον τὸν ‘Ayviov υἱὸν τῷ ᾿Αγνίᾳ ἐπελάθετο, καὶ ταῦτ᾽ ἔχων τὸν κλῆρον τὸν ᾿Αγνίου καὶ φάσκων πρὸς ἀνδρῶν αὐτῷ προσήκειν" τοῦτον δὲ τὸν υἱὸν τὸν γενόμενον τῷ Μακαρτάτῳ εἰσπεποίηκε τῷ πρὸς μητρὸς εἰς τοὺς Προσπαλτίους, τὸν δὲ “Αγνίου οἶκον εἴακεν “ἔρημον εἶναι τὸ τούτου μέρος: φησὶ δὲ τὸν πατέρα τὸν ἑαυτοῦ Θεόπομπον προσήκειν ᾿Αγνίᾳ. ὁ δὲ νόμος κελεύει 6 τοῦ Σόλωνος κρατεῖν τοὺς ἄρρενας καὶ τοὺς ἐκ τῶν ἀρρένων" οὗτος δ᾽ οὑτωσὶ ῥᾳδίως κατεφρόνησε, καὶ τῶν νόμων καὶ τοῦ ᾿Αγνίου, καὶ εἰσεποίησε τὸν υἱὸν εἰς τὸν οἶκον τὸν πρὸς μητρός. πῶς ἂν γένοιντο τούτων ἄνθρωποι παρανομώτεροι

ἢ βιαιότεροι; 114

AGAINST MACARTATUS, 75-78

penalty which he thinks is deserved. And if there be a conviction, let the court of Heliaea appoint for the one con- victed what penalty he ought to suffer or pay.

How, now, could people more effectively bring a house to extinction than if, being themselves of another house, that of Stratius, they should dis- possess those nearest of kin to Hagnias? Or again, if one should claim to possess the estate of Hagnias as being related by blood, when he bears a name that is not only not derived from the family of Hagnias, but not even from that of Stratius, the claimant’s own ancestor—no, when he has not the name of any other of all the descendants of Buselus, many as they are? Whence, then, does he get the name Macartatus ? From his mother’s family. For he was adopted into the family of Macartatus of Pros- palta, who was his mother’s brother, and he possesses that estate also. And so regardless of right is he that, when a son was born to him, he forgot to in- troduce him into the family of Hagnias, as a son to Hagnias, and that too while he was in possession of the estate of Hagnias, and claimed that he was related to him by male descent. This son who was born to him Macartatus has introduced by his mother’s descent into the Prospaltians, and has suffered the family of Hagnias to become extinct, so far as this boy is concerned ; but he alleges that his own father Theopompus was related to Hagnias. Yet the law of Solon ordains that males and the sons of males shall have precedence ; but the defendant has thus lightly shown contempt both for Hagnias and for the laws, and has had his son introduced into the family of his mother. How could there be people more scornful of law or more arbitrary than these ?

PES

78

DEMOSTHENES

79 Οὐ τοίνυν ταῦτα μόνον, ὦ ἀνὸρες δικασταί, ἀλλὰ \ ~ - ~ καὶ μνήματος ὄντος κοινοῦ ἅπασι τοῖς ἀπὸ τοῦ Βουσέλου γενομένοις, (καὶ καλεῖται τὸ μνῆμα Βουσελιδῶν, πολὺς τόπος περιβεβλημένος, ὥσπερ οἱ ἀρχαῖοι ἐνόμιζον) ἐν τούτῳ τῷ μνήματι ot μὲν ἄλλοι ἅπαντες οἱ ἀπὸ τοῦ Βουσέλου κεῖνται, καὶ ὁ ᾿Αγνίας καὶ ὁ Εὐβουλίδης καὶ ὁ Πολέμων καὶ οἱ ἄλλοι ἅπαντες τοσοῦτοι ὄντες συγγενεῖς, οἱ ἀπὸ 6 τοῦ Βουσέλου, ἅπαντες οὗτοι κοινωνοῦσι τοῦ [1078] μνήματος τούτου" ὁ δὲ τουτουὶ “πατὴρ Μακαρτάτου καὶ ὁ πάππος οὐ κεκοινωνήκασι τούτου, ἀλλ᾽ αὑτοῖς ἰδίᾳ ἐποιήσαντο μνῆμα ἄπωθεν τοῦ Βου- σελιδῶν μνήματος. δοκοῦσιν ὑμῖν, ὦ ἄνδρες δικασταί, προσήκειν τι τῷ οἴκῳ τῷ ᾿Αγνίου, πλὴν τοῦ ἔχειν ἁρπάσαντες τὰ μὴ προσήκοντα; εἰ δ᾽ > 5 ἐξερημωθήσεται ἢ ἀνώνυμος ἔσται ὁ οἶκος ὁ « “- ~ ~ Ayviov καὶ ὁ Εὐβουλίδου τοῦ ἀνεψιοῦ τοῦ “Ayviov, οὐδὲ κατὰ τοὐλάχιστον πώποτ᾽ αὐτοῖς ἐμέλησεν. 3 Ay > > »” / ~ \ ε 4» 81 ᾿Εγὼ δ᾽, ὦ ἄνδρες δικασταί, βοηθῶ μὲν ὡς οἷός > A T εἰμὶ μάλιστα τοῖς τετελευτηκόσιν ἐκείνοις" οὐ πάνυ δ᾽ ἐστὶ ῥᾷάδιον ταῖς τούτων παρασκευαῖς 5 ,ὕ > - - ἀνταγωνίζεσθαι. παραδίδωμι οὖν ὑμῖν τὸν παῖδα / > - τουτονί, ὦ ἄνδρες δικασταί, ἐπιμεληθῆναι, ὅπως ἂν ὑμῖν δοκῇ δικαιότατον εἶναι. οὗτος εἰσπεποίηται » A Ss A Ὁ , \ ᾿] ~ > A εἰς Tov οἶκον τὸν υὐβουλίδου, καὶ εἰσῆκται εἰς τοὺς / τ >’ \ > 4 > 3 > \ » φράτερας, οὐκ εἰς τοὺς ἐμούς, ἀλλ᾽ εἰς τοὺς ὐβου- / Nie, 2 \ / / A 82 Aidov Kai ‘Ayviov καὶ Μακαρτάτου τουτουί. καὶ -“ > 7 Ὁ \ Μ / , ὅτε εἰσήγετο, ot μὲν ἄλλοι φράτερες κρύβδην ” ᾿ a ε \ \ } , = ἔφερον τὴν ψῆφον, οὑτοσὶ δὲ Μακάρτατος φανερᾷ ψήφῳ ἐψηφίσατο ὀρθῶς εἰσάγεσθαι Εὐβουλίδῃ υἱὸν τὸν παῖδα τουτονί, οὐκ ἐθελήσας ἅψασθαι τοῦ ἱερείου οὐδ᾽ ἀπαγαγεῖν ἀπὸ τοῦ βωμοῦ ὑπεύθυνον 116

AGAINST MACARTATUS, 79-82

Now this is not the only thing, men of the jury. 79 There is a place of burial common to all those descended from Buselus (it is called the burial-place of the Buselidae, a large area, enclosed, after the manner of the men of old). In this burial-place lie all the other descendants of Buselus and Hagnias and Eubulides and Polemon, and all the rest of the host of those descended from Buselus, all these hold in common this place of burial. But the father of the 80 defendant Macartatus and the grandfather have no share in it, but they made for themselves a tomb apart, at a distance from that of the Buselidae. Do they appear to you, men of the jury, to belong in any sense to the house of Hagnias, except that they have seized and hold what does not belong to them? Whether the house of Hagnias and of Eubulides, the cousin of Hagnias, is to become extinct and have no name, has never in the least degree been an object of concern to them.

I for my part, men of the jury, am defending to the 81 full extent of my power the interest of those dead relatives, but it is not an easy task to contend against the intrigues of these men, I therefore deliver over to you this boy to be the object of your care in whatever way you may deem most just. He has been adopted into the house of Eubulides, and has been introduced to the clansmen, not mine, but those of Eubulides and Hagnias and the defendant, Macartatus. And when 82 he was being introduced, the rest of the clansmen cast their votes secretly, but the defendant Macartatus by an open vote declared that this boy was being rightly introduced as a son to Eubulides ; for he did not wish to lay his hand upon the victim or to remove it from the altar, and thus make himself responsible ; nay,

ΤΠ

83

84

DEMOSTHENES

« \ / > A A \ / ~ ~ αὑτὸν ποιήσας" ἀλλὰ Kal τὴν μερίδα τῶν κρεῶν ~ dd ‘ wxeTto λαβὼν παρὰ τοῦ παιδὸς τουτουί, ὥσπερ Kal “é A / / \ \ “ ΄ ot ἄλλοι φράτερες. νομίζετε δὴ τὸν παῖδα τουτονί, ὦ ἄνδρες δικασταί, ἱκετηρίαν ὑμῖν προκεῖσθαι « \ ~ / «ς / \ 3 / ὑπὲρ τῶν τετελευτηκότων “Ayviov Kat Εὐβουλίδου “ ~ ~ ς καὶ τῶν ἄλλων τῶν ἀπὸ τοῦ ᾿Αγνίου, καὶ ἱκετεύειν αὐτοὺς ὑμᾶς τοὺς δικαστάς, ὅπως μὴ ἐξερημω- θήσεται αὐτῶν ὁ οἶκος ὑπὸ τῶν μιαρῶν τούτων θηρίων, οἵ εἰσιν ἐκ τοῦ Στρατίου οἴκου, ἐν δὲ τῷ “Αγνίου. οὐδεπώποτ᾽ ἐγένοντο: μηδ᾽ ἐπιτρέψητε τούτοις ἔχειν τὰ μὴ προσήκοντα, ἀλλ᾽ ἀποδοῦναι A / ἀναγκάσατε εἰς Tov ‘Ayviov οἶκον Tots προσήκουσι τοῖς ᾿Αγνίου. ἐγὼ μὲν οὖν ἐκείνοις τε βοηθῶ τοῖς τετελευτηκόσι καὶ τοῖς νόμοις τοῖς περὶ τούτων - > / κειμένοις, δέομαι δὲ Kal ὑμῶν, ὦ ἄνδρες δικασταΐ, an h Kal ἱκετεύω καὶ ἀντιβολῶ, μὴ περιΐδητε μήτε TOV παῖδα τουτονὶ ὑβρισθέντα ὑπὸ τούτων, μήτε τοὺς προγόνους τοὺς τουτουὶ ἔτι μᾶλλον καταφρονου- μένους ἢ νῦν καταπεφρόνηνται, ἐὰν διαπράξωνται ves Δ / > \ “- / - οὗτοι ἃ βούλονται: ἀλλὰ τοῖς τε νόμοις βοηθεῖτε ~ A A καὶ τῶν τετελευτηκότων ἐπιμελεῖσθε, ὅπως μὴ ἐξερημωθῇ αὐτῶν ὁ οἶκος. καὶ ταῦτα ποιοῦντες τά τε δίκαια ψηφιεῖσθε καὶ τὰ εὔορκα καὶ τὰ ὑμῖν αὐτοῖς συμφέροντα.

118

AGAINST MACARTATUS, 82-84

he even received his portion of the flesh from the hand of this boy, and took it away with him, as did the rest of the clansmen. Consider, men of the jury, that this 83 boy is set before you as though he were the suppliant’s wand, on behalf of the deceased Hagnias and Eubulides and the other descendants of Hagnias, and that they supplicate you jurymen not to allow their house to be brought to extinction by these loathsome monsters, who are of the house of Stratius, and never belonged to that of Hagnias. Do not suffer them to keep what is not their own, but compel them to give it back into the house of Hagnias for those who are his relatives. I verily am defending the interests of those relatives 84 who are dead, and the laws established to protect them, and I beg of you also, men of the jury, I beseech you, I implore you, do not shut your eyes to the outrage done to this boy by the defendants, nor suffer his ancestors to be treated with even greater indignity than before, as will be the case, if these men accomplish what they desire. No; rally to the defence of the laws, and take thought for the dead, that their house be not brought to extinction. By doing this you will render a verdict which is just and consonant with your oaths, and in the interest of your own selves.

119