by Demosthenes
[46] “Another
The deponent testifies that his mother’s father Callistratus was brother to Euctemon, who was king, and to Philagrus, the father of Eubulides, and that these men were first cousins to Polemon the father of Hagnias, and to Charidemus, the father of Theopompus, and that he heard from his mother that Polemon, the father of Hagnias, had no brother, but had a sister Phylomachê, born of the same father and the same mother, and that Philagrus married this Phylomachê, and they had a son Eubulides, the father of Phylomachê, the wife of Sositheus.”
[47] ἀναγνῶναι 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 Ἁγνίου, γένει ἀπωτέρω ὄντος τοῦ Θεοπόμπου καὶ οὐδ᾽ ἐκ τοῦ αὐτοῦ οἴκου τὸ παράπαν.
[47] It was necessary to read these depositions, men of 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 Theopompus 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.
[48] εἰ γάρ τις ἀνακρίνοι, ὦ ἄνδρες δικασταί, οὑτοσὶ τίς ἐστιν ὁ ἀμφισβητῶν τῷ παιδὶ τούτῳ τοῦ κλήρου τοῦ Ἁγνίου; εὖ οἶδ᾽ ὅτι ἀποκρίναιτ᾽ ἄν, Μακάρτατος. τίνος ὢν πατρός; Θεοπόμπου. μητρὸς δὲ τίνος; Ἀπολήξιδος θυγατρὸς Προσπαλτίου, ἀδελφῆς δὲ Μακαρτάτου Προσπαλτίου. ὁ δὲ Θεόπομπος τίνος ἦν πατρός; Χαριδήμου. ὁ δὲ Χαρίδημος τίνος; Στρατίου. ὁ δὲ Στρατίος τίνος; Βουσέλου. οὑτοσί, ὦ ἄνδρες δικασταί, ἐστιν ὁ Στρατίου οἶκος, ἑνὸς τῶν Βουσέλου υἱέων, καὶ ἔκγονοι οὗτοί εἰσιν Στρατίου, οὓς ὑμεῖς ἀκηκόατε: καὶ ἐνταῦθα οὐδαμοῦ ἐστιν οὐδὲν ὄνομα τῶν ἐκ τοῦ οἴκου τοῦ Ἁγνίου, ἀλλ᾽ οὐδὲ παραπλήσιον.
[48] 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? Theopompus. And of what mother? Apolexis, daughter of a Prospaltian, and sister of Macartatus, also a Prospaltian. And who was the father of Theopompus? 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.
[49] πάλιν δὴ ἀνακρίνω τὸν παῖδα τουτονί, τίς ὢν ἀμφισβητεῖ Μακαρτάτῳ τοῦ κλήρου τοῦ Ἁγνίου. οὐκ ἂν ἔχοι, ὦ ἄνδρες δικασταί, ἄλλ᾽ οὐδ᾽ ὁτιοῦν ἀποκρίνασθαι ὁ παῖς, ἢ ὅτι Εὐβουλίδης. τίνος ὢν πατρός; Εὐβουλίδου τοῦ Ἁγνίου ἀνεψιοῦ. μητρὸς δὲ τίνος; Φυλομάχης, ἣ ἦν Ἁγνίᾳ ἀνεψιοῦ παῖς πρὸς πατρός. ὁ Εὐβουλίδης δὲ τίνος ἦν πατρός; Φιλάγρου τοῦ ἀνεψιοῦ τοῦ Ἁγνίου. μητρὸς δὲ τίνος; Φυλομάχης τῆς τηθίδος τῆς Ἁγνίου. ὁ δ᾽ Ἁγνίας τίνος ἦν υἱός; Πολέμωνος. ὁ δὲ Πολέμων τίνος; Ἁγνίου. ὁ δ᾽ Ἁγνίας τίνος; Βουσέλου.
[49] 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 Phylomachê, 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 Phylomachê, the aunt of Hagnias.
[50] οὑτοσὶ ἕτερος οἶκός ἐστιν ὁ Ἁγνίου, ἑνὸς τῶν Βουσέλου υἱέων, καὶ ἐνταῦθ᾽ οὐδ᾽ ὁτιοῦν ἔνεστι τὸ αὐτὸ ὄνομα τῶν ἐν τῷ Στρατίου οἴκῳ ὄντων ἐκγόνων, ἀλλ᾽ οὐδὲ παραπλήσιον: ἀλλ᾽ αὐτοὶ δι᾽ αὑτῶν πορεύονται ἐν τῷ οἴκῳ τῷ Ἁγνίου, τὰ ὀνόματα παρ᾽ ἀλλήλων παραλαμβάνοντες. πανταχῇ δὴ καὶ πάντα τρόπον ἐξελέγχονται ἐξ ἑτέρου οἴκου καὶ γένει ἀπωτέρω ὄντες, καὶ οὐ προσῆκον αὐτοῖς κληρονομεῖν οὐδενὸς τῶν Ἁγνίου. οἷς γὰρ δίδωσιν ὁ νομοθέτης τὴν ἀγχιστείαν καὶ τὴν κληρονομίαν, τούτους ἀναγνώσεται ὑμῖν τοὺς νόμους.
[50] And of whom was 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.
[51] “Νόμος
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 πατρὸς μοῖραν λαγχάνειν: ἐὰν δὲ μὴ ἀδελφοὶ ὦσιν ἢ ἀδελφῶν παῖδες, * * * ἐξ αὐτῶν κατὰ ταὐτὰ λαγχάνειν: 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 τοῦ ἀνδρὸς κατὰ ταὐτὰ κυρίους εἶναι. ἐὰν δὲ μηδετέρωθεν ᾖ ἐντὸς τούτων, τὸν πρὸς πατρὸς ἐγγυτάτω κύριον εἶναι. νόθῳ δὲ μηδὲ νόθῃ μὴ εἶναι ἀγχιστείαν μήθ᾽ ἱερῶν μήθ᾽ ὁσίων ἀπ᾽ Εὐκλείδου ἄρχοντος.”
[51] “Law
Whenever a man dies without making a will, if he leaves 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 lawfully 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, eve
n 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.”
[52] διαρρήδην λέγει ὁ νόμος, ὦ ἄνδρες δικασταί, οἷς δεῖ τὴν κληρονομίαν εἶναι: οὐ μὰ Δί᾽ οὐ Θεοπόμπῳ οὐδὲ Μακαρτάτῳ τῷ Θεοπόμπου υἱεῖ, τοῖς μηδὲ τὸ παράπαν ἐν τῷ οἴκῳ οὖσι τῷ Ἁγνίου. ἀλλὰ τίνι καὶ δίδωσιν; τοῖς ἐκγόνοις τοῖς Ἁγνίου, τοῖς οὖσιν ἐν τῷ οἴκῳ τῷ ἐκείνου. ταῦτα καὶ ὁ νόμος λέγει, καὶ τὸ δίκαιον οὕτως ἔχει.
[52] 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 Theopompus, who are in no sense whatever of the family of Hagnias. But to whom does it give the inheritance? 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.
[53] οὐ τοίνυν, ὦ ἄνδρες δικασταί, ταῦτα μὲν ἔδωκεν ὁ νομοθέτης τοῖς προσήκουσιν, ἕτερα δὲ οὐ προσέταξεν πολλὰ πάνυ ἐν τῷ νόμῳ, ἃ δεῖ ποιεῖν τοὺς προσήκοντας ἐπάναγκες: ἀλλὰ πολλὰ πάνυ ἐστὶν ἃ προστάττει ποιεῖν τοῖς προσήκουσιν, καὶ πρόφασιν οὐδεμίαν δίδωσιν, ἀλλ᾽ ἐξ ἀνάγκης δεῖ ποιεῖν. μᾶλλον δὲ λέγε αὐτὸν τὸν νόμον τὸν πρῶτον.
[53] 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.
But, preferably, read the law itself — the first one.
[54] “Νόμος
τῶν ἐπικλήρων ὅσαι θητικὸν τελοῦσιν, ἐὰν μὴ βούληται ἔχειν ὁ ἐγγύτατα γένους, ἐκδιδότω ἐπιδοὺς ὁ μὲν πεντακοσιομέδιμνος πεντακοσίας δραχμάς, ὁ δ᾽ ἱππεὺς τριακοσίας, ὁ δὲ ζευγίτης ἑκατὸν πεντήκοντα, πρὸς οἷς αὐτῆς. ἐὰν δὲ πλείους ὦσιν ἐν τῷ αὐτῷ γένει, τῇ ἐπικλήρῳ πρὸς μέρος ἐπιδιδόναι ἕκαστον. ἐὰν δ᾽ αἱ γυναῖκες πλείους ὦσι, μὴ ἐπάναγκες εἶναι πλέον ἢ μίαν ἐκδοῦναι τῷ γ᾽ ἑνί, ἀλλὰ τὸν ἐγγύτατα ἀεὶ ἐκδιδόναι ἢ αὐτὸν ἔχειν. ἐὰν δὲ μὴ ἔχῃ ὁ ἐγγυτάτω γένους ἢ μὴ ἐκδῷ, ὁ ἄρχων ἐπαναγκαζέτω ἢ αὐτὸν ἔχειν ἢ ἐκδοῦναι. ἐὰν δὲ μὴ ἐπαναγκάσῃ ὁ ἄρχων, ὀφειλέτω χιλίας δραχμὰς ἱερὰς τῇ Ἥρᾳ. ἀπογραφέτω δὲ τὸν μὴ ποιοῦντα ταῦτα ὁ βουλόμενος πρὸς τὸν ἄρχοντα.”
[54] “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 drachmae, 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 necessary 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.”
[55] ἃ μὲν λέγει ὁ νόμος, ὦ ἄνδρες δικασταί, ἀκούετε. ὅτε δὲ τῆς ἐπικλήρου ἔδει ἐπιδικάζεσθαι Φυλομάχης τῆς τουτουὶ μητρὸς τοῦ παιδός, Ἁγνίου δὲ ἀνεψιοῦ παιδὸς οὔσης πρὸς πατρός, ἐγὼ μὲν ἧκον φοβούμενος τὸν νόμον καὶ ἐπεδικαζόμην γένει ὢν ἐγγυτάτω, Θεόπομπος δὲ ὁ Μακαρτάτου πατὴρ οὐδὲ προσῆλθεν τὸ παράπαν οὐδὲ ἠμφεσβήτησεν διὰ τὸ μηδ᾽ ὁτιοῦν αὐτῷ προσήκειν, καὶ ταῦτα ἐν τῇ ἡλικίᾳ ὢν τῇ αὐτῇ.
[55] You hear what the law says, men of the jury. But when it became necessary to sue for the hand of the heiress Phylomachê, 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 Theopompus, 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.
[56] καίτοι πῶς οἴεσθε, ὦ ἄνδρες δικασταί, ἄτοπον εἶναι, τῆς μὲν ἐπικλήρου, ἣ ἦν Ἁγνίᾳ ἀνεψιοῦ παῖς πρὸς πατρός, ταύτης μὲν μηδεπώποτε ἀμφισβητῆσαι Θεόπομπον, τὸν δὲ κλῆρον τὸν Ἁγνίου ἀξιοῦν ἔχειν παρὰ τοὺς νόμους; τούτων γένοιντ᾽ ἂν ἄνθρωποι ἀναισχυντότεροι ἢ μιαρώτεροι; ἀναγίγνωσκε καὶ τοὺς ἑτέρους νόμους.
[56] And yet, men of the jury, how can you fail to think it strange that Theopompus never 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?
Read the other laws also.
[57] “Νόμοι
προειπεῖν τῷ κτείναντι ἐν ἀγορᾷ ἐντὸς ἀνεψιότητος καὶ ἀνεψιοῦ, συνδιώκειν δὲ καὶ ἀνεψιοὺς καὶ ἀνεψιῶν παῖδας καὶ γαμβροὺς καὶ πενθεροὺς καὶ φράτερας. αἰδέσασθαι δέ, ἐὰν μὲν πατὴρ ᾖ ἢ ἀδελφὸς ἢ υἱεῖς, ἅπαντας, ἢ τὸν κωλύοντα κρατεῖν. ἐὰν δὲ τούτων μηδεὶς ᾖ, κτείνῃ δὲ ἄκων, γνῶσι δὲ οἱ πεντήκοντα καὶ εἷς, οἱ ἐφέται, ἄκοντα κτεῖναι, ἐσέσθων οἱ φράτερες, ἐὰν ἐθέλωσι, δέκα: τούτους δὲ οἱ πεντήκοντα καὶ εἷς ἀριστίνδην αἱρείσθων. καὶ οἱ πρότερον κτείναντες ἐν τῷδε τῷ θεσμῷ ἐνεχέσθων. — τοὺς δ᾽ ἀπογιγνομένους ἐν τοῖς δήμοις, οὓς ἂν μηδεὶς ἀναιρῆται, ἐπαγγελλέτω ὁ δήμαρχος τοῖς προσήκουσιν ἀναιρεῖν καὶ θάπτειν καὶ καθαίρειν τὸν δῆμον, τῇ ἡμέρᾳ ᾗ ἂν ἀπογένηται ἕκαστος αὐτῶν.”
[57] “Laws
Proclamation shall be made in the market-place to the 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.”