by Demosthenes
[8] And 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 to us. 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 for the reply;
[9] ὥστε συνέβαινεν ἐμοὶ τῷ ὑπὲρ τῆς γυναικὸς ἀγωνιζομένῳ, μὴ ὅτι περὶ τοῦ γένους καὶ τῶν ἄλλων ὧν μοι προσῆκεν διηγήσασθαι τοῖς δικασταῖς ὡς ἐγὼ ἐβουλόμην, ἀλλ᾽ οὐδ᾽ ἀπολογήσασθαί μοι ἐξεγένετο οὐδὲ πρὸς 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 οὐδεπώποτε γενόμενα.
[9] 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.
[10] καὶ τοῦτον τὸν τρόπον ἐπιβουλευσάντων καὶ συναγωνιζομένων ἀλλήλοις ἐφ᾽ ἡμᾶς, καδίσκων τεττάρων τεθέντων κατὰ τὸν νόμον, εἰκότως οἶμαι οἱ δικασταὶ ἐξηπατήθησαν καὶ ἐστασίασαν ἀλλήλοις καὶ παρακρουσθέντες ὑπὸ τῆς παρασκευῆς ἐψηφίζοντο ὅ τι ἔτυχεν ἕκαστος. καὶ αἱ ψῆφοι ὀλίγαις πάνυ ἐγένοντο πλείους, ἢ τρισὶν ἢ τέτταρσιν, ἐν τῷ Θεοπόμπου καδίσκῳ ἢ ἐν τῷ τῆς γυναικός.
[10] 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 very few more votes — some three or four — in the box of Theopompus than in that of the lady.
[11] καὶ τότε μὲν ταῦτα, ὦ ἄνδρες δικασταί, ἦν τὰ πραχθέντα. ἐπειδὴ δ᾽ οὑτοσὶ ὁ παῖς ἐγένετο καὶ ἐδόκει καιρὸς εἶναι, οὐκ ὀργισθεὶς ἐγὼ τοῖς γενομένοις, ἀλλ᾽ ἡγούμενος εἰκός τι παθεῖν τοὺς τότε δικάζοντας, εἰσήγαγον εἰς τοὺς φράτερας τοὺς τοῦ Ἁγνίου Εὐβουλίδῃ τὸν παῖδα τουτονί, ἐκ τῆς θυγατρὸς ὄντα τῆς ἐκείνου, ἵνα μὴ ἐξερημωθῇ ὁ οἶκος.
[11] 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.
[12] ἐκεῖνος γάρ, ὦ ἄνδρες δικασταί, ὁ Εὐβουλίδης, ὁ τῷ Ἁγνίᾳ γένει ὢν ἐγγυτάτω, μάλιστα μὲν ηὔχετο τοῖς θεοῖς υἱὸν αὑτῷ γενέσθαι, ὥσπερ καὶ ἡ θυγάτηρ ἡ τουτουὶ μήτηρ τοῦ παιδὸς αὐτῷ ἐγένετο: ἐπειδὴ δὲ τούτου ἀπέτυχεν καὶ οὐκ ἐγένετο παῖς ἄρρην αὐτῷ οὐδὲ εἷς, μετὰ ταῦτ᾽ ἤδη ἐσπούδαζεν ὅπως ἐκ τῆς θυγατρὸς εἰσποιηθῇ αὑτῷ υἱὸς εἰς τὸν οἶκον τὸν ἑαυτοῦ καὶ τὸν Ἁγνίου, καὶ εἰς τοὺς φράτερας εἰσαχθῇ τοὺς ἐκείνου, ἡγούμενος, ὦ ἄνδρες δικασταί, ἐκ τῶν ὑπολοίπων τοῦτον εἶναι ἑαυτῷ οἰκειότατον, καὶ οὕτως ἂν μάλιστα τὸν οἶκον τὸν ἑαυτῶν διασῴζεσθαι καὶ οὐκ ἂν ἐξερημωθῆναι.
[12] 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.
[13] καὶ ἐγὼ ταῦτα ὑπηρέτησα αὐτῷ, ὁ τὴν Εὐβουλίδου θυγατέρα ἔχων ἐπιδικασάμενος ὡς γένει ὢν ἐγγυτάτω, καὶ εἰσήγαγον τὸν παῖδα τουτονὶ εἰς τοὺς Ἁγνίου καὶ Εὐβουλίδου φράτερας, μεθ᾽ ὧν καὶ Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου, ἕως ἔζη, ἐφράτριζε καὶ αὐτὸς οὗτος.
[13] 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 lifetime, and to which Macartatus now belongs.
[14] καὶ οἱ φράτερες, ὦ ἄνδρες δικασταί, οἱ τουτουὶ Μακαρτάτου, οἱ ἄριστα εἰδότες περὶ τοῦ γένους, ὁρῶντες αὐτὸν μὲν τοῦτον οὐ ‘θέλοντα κινδυνεύειν οὐδὲ ἀπάγοντα τὸ ἱερεῖον ἀπὸ τοῦ βωμοῦ, εἰ μὴ προσηκόντως εἰσήγετο ὁ παῖς 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 τουτονὶ εἰσάγεσθαι Εὐβουλίδῃ υἱὸν εἰς τὸν οἶκον τὸν Ἁγνίου.
[14] 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 been legitimate, but demanded that they commit perjury,6 took the ballot while the victims were still burning, and carried it from the altar of Zeus Phatrius 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.
[15] ψηφισαμένων δὲ ταῦτα τῶν φρατέρων τῶν τουτουὶ Μακαρτάτου, υἱὸς ὢν Εὐβουλίδου ὁ παῖς οὑτοσὶ προσεκαλέσατο Μακάρτατον τοῦ κλήρου τοῦ Ἁγνίου 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 ε�
�ς τὸν οἶκον τὸν Εὐβουλίδου. καὶ ἡ πρόσκλησις 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 Ἁγνίου.
[15] 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.
[16] καί μοι ἀνάγνωθι τὸν νόμον, καθ᾽ ὃν ἡ πρόσκλησίς ἐστιν παρὰ τοῦ ἔχοντος τὸν κλῆρον.”Νόμος
ἐὰν δ᾽ ἐπιδεδικασμένου ἀμφισβητῇ τοῦ κλήρου ἢ τῆς ἐπικλήρου, προσκαλείσθω τὸν ἐπιδεδικασμένον πρὸς τὸν ἄρχοντα, καθάπερ ἐπὶ τῶν ἄλλων δικῶν: παρακαταβολὰς δ᾽ εἶναι τῷ ἀμφισβητοῦντι. ἐὰν δὲ μὴ προσκαλεσάμενος ἐπιδικάσηται, ἀτελὴς ἔσται ἡ ἐπιδικασία τοῦ κλήρου. ἐὰν δὲ μὴ ζῇ ὁ ἐπιδικασάμενος τοῦ κλήρου, προσκαλείσθω κατὰ ταὐτά, ᾧ ἂν ἡ προθεσμία μήπω ἐξήκῃ. τὴν δ᾽ ἀμφισβήτησιν εἶναι τῷ ἔχοντι, καθότι ἐπεδικάσατο οὗ ἂν ἔχῃ τὰ χρήματα.”
τοῦ μὲν νόμου ἀκηκόατε, δέομαι δ᾽ ὑμῶν δικαίαν δέησιν, ὦ ἄνδρες δικασταί.
[16] Please read the law which ordains that citation shall be made of the person possessing the inheritance.”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 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.”
[17] ἐὰν γὰρ ἐπιδείξω Θεοπόμπου τοῦ πατρὸς τοῦ Μακαρτάτου γένει ὄντας Ἁγνίᾳ ἐγγυτέρω Εὐβουλίδην τε τὸν παῖδα τουτονὶ καὶ Φυλομάχην, ἥ ἐστιν μήτηρ τῷ παιδί, Εὐβουλίδου δὲ θυγάτηρ, καὶ οὐ μόνον γένει ἐγγυτάτω ὄντας, ἀλλὰ τὸ παράπαν οὐδὲ ὄντα οὐδένα ἀνθρώπων ἐν τῷ οἴκῳ τῷ Ἁγνίου ἄλλον ἢ τὴν μητέρα τοῦ παιδὸς τουτουὶ καὶ αὐτὸν τοῦτον τὸν παῖδα, ταῦτ᾽ ἐὰν ἐπιδείξω, δέομαι ὑμῶν, ὦ ἄνδρες δικασταί, βοηθεῖν ἡμῖν.
[17] You have heard the law, and it is a reasonable request I make of you, men of the jury. If I shall prove to you that this boy Eubulides here and Phylomachê, who is the mother of the boy and the daughter of Eubulides, are nearer of kin to Hagnias than Theopompus, 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.
[18] τὸ μὲν οὖν πρῶτον διενοήθην, ὦ ἄνδρες δικασταί, γράψας ἐν πίνακι ἅπαντας τοὺς συγγενεῖς τοὺς Ἁγνίου, οὕτως ἐπιδεικνύειν ὑμῖν καθ᾽ ἕκαστον: ἐπειδὴ δὲ ἐδόκει οὐκ ἂν εἶναι ἐξ ἴσου ἡ θεωρία ἅπασι τοῖς δικασταῖς, ἀλλ᾽ οἱ πόρρω καθήμενοι ἀπολείπεσθαι, ἀναγκαῖον ἴσως ἐστὶν τῷ λόγῳ διδάσκειν ὑμᾶς: τοῦτο γὰρ ἅπασι κοινόν ἐστιν. πειρασόμεθα δὲ καὶ ἡμεῖς ὡς ἂν μάλιστα δυνώμεθα διὰ βραχυτάτων ἐπιδεῖξαι περὶ τοῦ γένους τοῦ Ἁγνίου.
[18] 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 endeavor to the best of my ability to inform you regarding the family of Hagnias in the fewest words possible.
[19] Βούσελος γὰρ ἦν ἐξ Οἴου, ὦ ἄνδρες δικασταί, καὶ τούτῳ ἐγένοντο πέντε υἱεῖς, Ἁγνίας καὶ Εὐβουλίδης καὶ Στρατίος καὶ Ἅβρων καὶ Κλεόκριτος. καὶ οὗτοι ἅπαντες οἱ τοῦ Βουσέλου υἱεῖς ἄνδρες ἐγένοντο, καὶ διένειμεν αὐτοῖς τὴν οὐσίαν ὁ πατὴρ Βούσελος ἅπασιν καλῶς καὶ δικαίως, ὥσπερ προσῆκεν. νειμάμενοι δὲ τὴν οὐσίαν, γυναῖκα αὐτῶν ἕκαστος ἔγημεν κατὰ τοὺς νόμους τοὺς ὑμετέρους, καὶ παῖδες ἐγένοντο αὐτοῖς ἅπασιν καὶ παίδων παῖδες, καὶ ἐγένοντο πέντε οἶκοι ἐκ τοῦ Βουσέλου οἴκου ἑνὸς ὄντος, καὶ χωρὶς ἕκαστος ᾤκει τὸν ἑαυτοῦ ἔχων καὶ ἐγγόνους ἑαυτοῦ ποιούμενος.
[19] 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 Cleocritus. 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 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.
[20] περὶ μὲν οἶν τῶν τριῶν ἀδελφῶν τῶν τοῦ Βουσέλου υἱέων, καὶ τῶν ἐγγόνων τῶν τούτοις γενομένων, τί ἂν ἐγὼ ἢ ὑμῖν, ὦ ἄνδρες δικασταί, πράγματα παρέχοιμι ἢ ἐμαυτῷ, ἐξηγούμενος περὶ ἑκάστου; ὄντες γὰρ ἐν τῷ αὐτῷ γένει Θεοπόμπῳ καὶ προσήκοντες ὁμοίως τῷ Ἁγνίᾳ, οὗ ἐστιν ὁ κλῆρος, οὐδεὶς αὐτῶν οὔτε πρότερον πώποτε οὔτε νῦν ἠνώχλησεν ἡμῖν, οὐδ᾽ ἠμφεσβήτησεν οὔτε τοῦ κλήρου τοῦ Ἁγνίου οὔτε τῆς γυναικὸς τῆς ἐπικλήρου, ἣν ἐγὼ ἔχω ἐπιδικασάμενος, ἡγούμενοι οὐδ᾽ ὁτιοῦν προσήκειν ἑαυτοῖς οὐδενὸς τῶν Ἁγνίου.
[20] 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 relationsh
ip 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.
[21] περίεργον δή μοι δοκεῖ εἶναι λέγειν τι περὶ τούτων, πλὴν ὅσα ἐξ ἀνάγκης ἐστὶν ἐπιμνησθῆναι. περὶ δὲ Θεοπόμπου τοῦ πατρὸς τοῦ Μακαρτάτου καὶ αὐτοῦ τουτουὶ Μακαρτάτου, περὶ τούτων μοί ἐστιν ἐξ ἀνάγκης λέγειν. ἔστιν δὲ βραχὺς ὁ λόγος, ὦ ἄνδρες δικασταί. ὥσπερ γὰρ ὀλίγον τι πρότερον ἀκηκόατε ὅτι τῷ Βουσέλῳ πέντε υἱεῖς ἐγένοντο, τούτων εἷς ἦν Στρατίος ὁ τουτουὶ πρόγονος Μακαρτάτου, καὶ ἕτερος Ἁγνίας ὁ τουτουὶ πρόγονος τοῦ παιδός.
[21] It seems to me therefore that it would be entirely superfluous to say anything about them save only what I cannot help mentioning. Of Theopompus, 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 ancestor of Macartatus, and another was Hagnias, the ancestor of this boy.