---
title: "Against Macartatus · Πρὸς Μακάρτατον περὶ Ἁγνίου κλήρου"
author: "Demosthenes"
translator: "Augustus Taber Murray"
languages: [grc, en]
shelf: "Classical Greek"
section: 1 of 2
url: https://scriptura.si/works/demosthenes-against-macartatus/1/
cite: "Demosthenes, tr. Augustus Taber Murray, Against Macartatus · Πρὸς Μακάρτατον περὶ Ἁγνίου κλήρου, section 1. Scriptura (scriptura.si), https://scriptura.si/works/demosthenes-against-macartatus/1/"
---

# Against Macartatus · Πρὸς Μακάρτατον περὶ Ἁγνίου κλήρου

*Demosthenes, tr. Augustus Taber Murray*

The long family war over the estate of Hagnias.

> Greek: ed. William Rennie, from the Perseus Digital Library (canonical-greekLit, tlg0014.tlg043, CC BY-SA 4.0).

> English: Augustus Taber Murray, from the Perseus Digital Library (tlg0014.tlg043.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## 1. Sections 1–45

Source: https://scriptura.si/works/demosthenes-against-macartatus/1/ · cite a paragraph as https://scriptura.si/works/demosthenes-against-macartatus/1/#p-N

[¶0] 1. 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, endeavoring 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;

> Greek: 1. ἐπειδὴ καὶ πρότερον ἀγῶνες ἐγένοντο ἡμῖν, ὦ ἄνδρες δικασταί, πρὸς τοὺς αὐτοὺς τούτους περὶ τοῦ κλήρου τοῦ Ἁγνίου, καὶ οὐδὲν παύονται παρανομοῦντες καὶ βιαζόμενοι ὥστε ἐκ παντὸς τρόπου τὰ μὴ προσήκονθʼ ἑαυτοῖς ἔχειν, ἀνάγκη ἴσως ἐστὶν τὰ πραχθέντα ἐξ ἀρχῆς διηγήσασθαι·

[¶1] 2. 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 endeavor to give you the clearest information I can concerning the facts.

> Greek: 2. ὑμεῖς τε γάρ, ὦ ἄνδρες δικασταί, ῥᾷον παρακολουθήσετε ἅπασι τοῖς λεγομένοις, καὶ οὗτοι ἐπιδειχθήσονται οἷοί εἰσιν ἄνθρωποι, καὶ ὅτι πάλαι ἤδη ἀρξάμενοι οὐδὲν παύονται κακοτεχνοῦντες καὶ οἰόμενοι δεῖν διαπράττεσθαι ὅ 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.

[¶2] 3. 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 according to your laws; and 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 inheritance belonged to her by virtue of nearest kinship), 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 put in.

> Greek: 3. τουτουὶ γὰρ τοῦ παιδὸς ἡ μήτηρ, ὦ ἄνδρες δικασταί, γένει οὖσα ἐγγυτάτω Ἁγνίᾳ τῷ ἐξ Οἴου, ἐπεδικάσατο τοῦ κλήρου τοῦ Ἁγνίου κατὰ τοὺς νόμους τοὺς ὑμετέρους· καὶ τῶν τότε ἀμφισβητησάντων αὐτῇ τοῦ κλήρου τουτουί, γένει μὲν ὡς ἐγγυτέρω τις εἴη αὐτῶν τῆς γυναικός, οὐδʼ ἐπεχείρησεν οὐδεὶς ἀντομόσαι (ὡμολογεῖτο γὰρ παρὰ πάντων τῆς γυναικὸς εἶναι ἡ κληρονομία κατὰ τὴν ἀγχιστείαν), διαθήκας δὲ ψευδεῖς ἧκον κατασκευάσαντες Γλαῦκός τε ὁ ἐξ Οἴου καὶ Γλαύκων ὁ ἀδελφὸς αὐτοῦ.

[¶3] 4. 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, although he was in town when the herald asked by proclamation 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.

> Greek: 4. 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 δικαστηρίου. καὶ ἐπιδημῶν τότε Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου, καὶ τοῦ κήρυκος κηρύττοντος, εἴ τις ἀμφισβητεῖν ἢ παρακαταβάλλειν βούλεται τοῦ κλήρου τοῦ Ἁγνίου ἢ κατὰ γένος ἢ κατὰ διαθήκας, οὐκ ἐτόλμησεν παρακαταβαλεῖν, ἀλλʼ αὐτὸς ἑαυτῷ ἐδίκασεν ὅτι οὐδαμόθεν αὐτῷ προσῆκεν οὐδὲν τοῦ κλήρου τοῦ Ἁγνίου.

[¶4] 6. But, although the mother of this boy here became possessed of the inheritance, since she had prevailed in the suit over all those who disputed her claim, these men are abominable, 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 themselves as a fourth another of their friends (Eupolemus 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.

> Greek: 6. ἐχούσης δὲ τῆς μητρὸς τοῦ παιδὸς τουτουὶ τὸν κλῆρον, ἐπειδὴ ἐνίκησεν ἐν τῷ δικαστηρίῳ ἅπαντας τοὺς ἀμφισβητήσαντας ἑαυτῇ, οὕτως εἰσὶν μιαροὶ οὗτοι, καὶ 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, συνομόσαντες καὶ συνθήκας γράψαντες πρὸς ἀλλήλους καὶ καταθέμενοι παρὰ Μηδείῳ Ἁγνουσίῳ, Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου καὶ Γλαύκων καὶ Γλαῦκος ὁ ἡττηθεὶς τὸ πρότερον, καὶ ἕτερόν τινα τῶν ἐπιτηδείων τέταρτον προσλαβόντες (Εὐπόλεμος ἦν αὐτῷ ὄνομα), οὗτοι ἅπαντες κοινῇ ἐπιβουλεύσαντες προσεκαλέσαντο τὴν γυναῖκα πρὸς τὸν ἄρχοντα εἰς διαδικασίαν τοῦ κλήρου τοῦ Ἁγνίου, φάσκοντες τὸν νόμον κελεύειν παρὰ τοῦ ἐπιδεδικασμένου καὶ ἔχοντος τὸν κλῆρον προσκαλεῖσθαι, ἐάν τις βούληται ἀμφισβητεῖν.

[¶5] 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;

> Greek: 8. καὶ ἐπειδὴ ἦγεν ὁ ἄρχων εἰς τὸ δικαστήριον καὶ ἔδει ἀγωνίζεσθαι, τά τε ἄλλα ἦν αὐτοῖς ἅπαντα κατεσκευασμένα 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.

[¶6] 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.

> Greek: 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, ἀλλʼ οὐδʼ 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.

[¶7] 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.

> Greek: 10. καὶ τοῦτον τὸν τρόπον ἐπιβουλευσάντων καὶ συναγωνιζομένων ἀλλήλοις ἐφʼ 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.

[¶8] 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.

> Greek: 11. καὶ τότε μὲν ταῦτα, ὦ ἄνδρες δικασταί, ἦν τὰ πραχθέντα. ἐπειδὴ δʼ οὑτοσὶ ὁ παῖς ἐγένετο καὶ ἐδόκει καιρὸς εἶναι, οὐκ ὀργισθεὶς ἐγὼ τοῖς γενομένοις, ἀλλʼ 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.

[¶9] 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.

> Greek: 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 ταῦτʼ 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.

[¶10] 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.

> Greek: 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, μεθʼ ὧν καὶ Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου, ἕως ἔζη, ἐφράτριζε καὶ αὐτὸς οὗτος.

[¶11] 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.

> Greek: 14. καὶ οἱ φράτερες, ὦ ἄνδρες δικασταί, οἱ τουτουὶ Μακαρτάτου, οἱ ἄριστα εἰδότες περὶ τοῦ γένους, ὁρῶντες αὐτὸν μὲν τοῦτον οὐ ʼθέλοντα κινδυνεύειν οὐδὲ ἀπάγοντα τὸ ἱερεῖον ἀπὸ τοῦ βωμοῦ, εἰ μὴ προσηκόντως εἰσήγετο ὁ παῖς οὑτοσί, αὐτοὺς δʼ 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.

[¶12] 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.

> Greek: 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 τʼ ἦν, ὦ ἄνδρες δικασταί, κυρίῳ ἐπιγεγράφθαι, εἰσπεποιηκότι τὸν παῖδα εἰς τὸν οἶκον τὸν Εὐβουλίδου. καὶ ἡ πρόσκλησις ἐγένετο τῷ παιδὶ τουτῳὶ κατὰ τὸν νόμον, καθʼ ὅνπερ καὶ οὗτοι προσεκαλέσαντο τὴν τουτουὶ μητέρα, τὴν νενικηκυῖαν πρότερον ἐν τῷ δικαστηρίῳ καὶ ἔχουσαν τὸν κλῆρον τὸν Ἁγνίου.

[¶13] 16. (To the clerk.) Please read the law which ordains that citation shall be made of the person possessing the inheritance. The 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.”

> Greek: 16. καί μοι ἀνάγνωθι τὸν νόμον, καθʼ ὃν ἡ πρόσκλησίς ἐστιν παρὰ τοῦ ἔχοντος τὸν κλῆρον. ΝΟΜΟΣ. ἐὰν δʼ ἐπιδεδικασμένου ἀμφισβητῇ τοῦ κλήρου ἢ τῆς ἐπικλήρου, προσκαλείσθω τὸν ἐπιδεδικασμένον πρὸς τὸν ἄρχοντα, καθάπερ ἐπὶ τῶν ἄλλων δικῶν· παρακαταβολὰς δʼ 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 δʼ ἀμφισβήτησιν εἶναι τῷ ἔχοντι, καθότι ἐπεδικάσατο οὗ ἂν ἔχῃ τὰ χρήματα. τοῦ μὲν νόμου ἀκηκόατε, δέομαι δʼ ὑμῶν δικαίαν δέησιν, ὦ ἄνδρες δικασταί.

[¶14] 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.

> Greek: 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, ταῦτʼ ἐὰν ἐπιδείξω, δέομαι ὑμῶν, ὦ ἄνδρες δικασταί, βοηθεῖν ἡμῖν.

[¶15] 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.

> Greek: 18. τὸ μὲν οὖν πρῶτον διενοήθην, ὦ ἄνδρες δικασταί, γράψας ἐν πίνακι ἅπαντας τοὺς συγγενεῖς τοὺς Ἁγνίου, οὕτως ἐπιδεικνύειν ὑμῖν καθʼ ἕκαστον· ἐπειδὴ δὲ ἐδόκει οὐκ ⟨ἂν⟩ εἶναι ἐξ ἴσου ἡ θεωρία ἅπασι τοῖς δικασταῖς, ἀλλʼ 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.

[¶16] 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.

> Greek: 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.

[¶17] 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 relationship 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.

> Greek: 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, οὐδʼ ἠμφεσβήτησεν οὔτε τοῦ κλήρου τοῦ Ἁγνίου οὔτε τῆς γυναικὸς τῆς ἐπικλήρου, ἣν ἐγὼ ἔχω ἐπιδικασάμενος, ἡγούμενοι οὐδʼ ὁτιοῦν προσήκειν ἑαυτοῖς οὐδενὸς τῶν Ἁγνίου.

[¶18] 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.

> Greek: 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.

[¶19] 22. To Hagnias was born a son, Polemon, and a daughter, Phylomachê, 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 Phylomachê, or Charidemus, the son of Stratius, and nephew of Hagnias? For my part I 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.

> Greek: 22. ἐγένετο δὴ υἱὸς τῷ Ἁγνίᾳ Πολέμων καὶ θυγάτηρ Φυλομάχη, ἀδελφὴ τοῦ Πολέμωνος ὁμοπατρία καὶ ὁμομητρία· τοῦ δὲ Στρατίου ἐγένοντο τοῦ ἀδελφοῦ τοῦ Ἁγνίου Φανόστρατος καὶ Χαρίδημος ὁ τουτουὶ πάππος Μακαρτάτου. ἐρωτῶ δὴ ὑμᾶς, ὦ ἄνδρες δικασταί, πότερος οἰκειότερός ἐστιν καὶ προσήκει μᾶλλον τῷ Ἁγνίᾳ, ὁ υἱὸς ὁ Πολέμων καὶ ἡ θυγάτηρ ἡ Φυλομάχη, ἢ Χαρίδημος ὁ υἱὸς Στρατίου, ἀδελφιδοῦς δʼ Ἁγνίου; ἐγὼ μὲν γὰρ ἡγοῦμαι τὸν υἱὸν καὶ τὴν θυγατέρα οἰκειότερον εἶναι ἑκάστῳ ἡμῶν μᾶλλον ἢ τὸν ἀδελφιδοῦν· καὶ οὐ μόνον παρʼ ἡμῖν τοῦτο νενόμισται, ἀλλὰ καὶ παρὰ τοῖς ἄλλοις ἅπασι καὶ Ἕλλησι καὶ βαρβάροις.

[¶20] 23. 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 born a son, Hagnias, having the name of his grandfather Hagnias, and this second Hagnias died without issue.

> Greek: 23. ἐπειδὴ τοίνυν τοῦτο ὁμολογεῖται, ῥᾳδίως ἤδη τοῖς ἄλλοις, ὦ ἄνδρες δικασταί, παρακολουθήσετε, καὶ αἰσθήσεσθε τούτους ὅτι εἰσὶ βίαιοι καὶ ἀσελγεῖς ἄνθρωποι. τοῦ Πολέμωνος γὰρ τοῦ υἱέος τοῦ Ἁγνίου ἐγένετο υἱὸς Ἁγνίας, τὸ τοῦ πάππου τοῦ ἑαυτοῦ ὄνομʼ ἔχων, τοῦ Ἁγνίου. καὶ οὗτος μὲν ἄπαις ἐτελεύτησεν ὁ Ἁγνίας ὁ ὕστερος.

[¶21] 24. But from Phylomachê, 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 Eubulides, the brother of Hagnias)—from Philagrus, I say, the cousin of Polemon, and Phylomachê 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 Phylomachê. But to Charidemus, the son of Stratius, there was born a son Theopompus, the father of the defendant Macartatus.

> Greek: 24. τῆς Φυλομάχης δὲ τῆς ἀδελφῆς τῆς Πολέμωνος, καὶ Φιλάγρου, ᾧ ἔδωκεν αὐτὴν ὁ ἀδελφὸς Πολέμων ἀνεψιῷ ὄντι ἑαυτοῦ (ὁ γὰρ Φίλαγρος υἱὸς ἦν Εὐβουλίδου τοῦ ἀδελφοῦ τοῦ Ἁγνίου), τοῦ δὴ Φιλάγρου τοῦ ἀνεψιοῦ τοῦ Πολέμωνος καὶ τῆς Φυλομάχης τῆς ἀδελφῆς τῆς Πολέμωνος ἐγένετο υἱὸς Εὐβουλίδης, ὁ πατὴρ ὁ 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 ὁ τουτουὶ πατὴρ Μακαρτάτου.

[¶22] 25. 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 Phylomachê 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.

> Greek: 25. πάλιν δὴ ἐρωτῶ, ὦ ἄνδρες δικασταί, πότερος οἰκειότερός ἐστιν καὶ προσήκει μᾶλλον Ἁγνίᾳ τῷ πρώτῳ ἐκείνῳ, ὁ Πολέμωνος υἱὸς Ἁγνίας καὶ Εὐβουλίδης ὁ Φυλομάχης υἱὸς καὶ Φιλάγρου, ἢ Θεόπομπος ὁ Χαριδήμου υἱός, Στρατίου δὲ ὑϊδοῦς; ἐγὼ μὲν γὰρ οἶμαι, ὦ ἄνδρες δικασταί, εἴπερ καὶ ὁ υἱὸς οἰκειότατός ἐστιν καὶ ἡ θυγάτηρ, πάλιν ὁ ὑϊδοῦς καὶ ὁ ἐκ τῆς θυγατρὸς υἱός, οὗτοι οἰκειότεροί εἰσι μᾶλλον ἢ ὁ τοῦ ἀδελφιδοῦ υἱὸς καὶ ὁ ἐξ ἑτέρου ὢν οἴκου.

[¶23] 26. Well, to Theopompus was born a son, Macartatus, the defendant, and to Eubulides, the son of Phylomachê, 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 Phylomachê, 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.

> Greek: 26. τῷ μὲν οὖν Θεοπόμπῳ ἐγένετο υἱὸς Μακάρτατος οὑτοσί, τῷ δὲ Εὐβουλίδῃ τῷ τῆς Φυλομάχης υἱεῖ, ἀνεψιῷ δὲ Ἁγνίου ὄντι πρὸς πατρός, οὑτοσὶ ὁ παῖς, ἀνεψιοῦ παῖς ὢν Ἁγνίᾳ πρὸς πατρός, ἐπειδὴ ἡ Φυλομάχη ἡ μήτηρ ἡ Εὐβουλίδου καὶ ὁ Πολέμων ὁ πατὴρ ὁ Ἁγνίου ἀδελφοὶ ἦσαν ὁμοπάτριοι καὶ ὁμομήτριοι. τῷ δέ γε Μακαρτάτῳ τῳδί, τῷ υἱεῖ τῷ Θεοπόμπου, οὐδὲν ἐγένετο ἔκγονον ὅ τι ἐστὶν ἐν τῷ οἴκῳ τῷ τούτου καὶ τῷ Στρατίου.

[¶24] 27. 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 inheritance is in question. Theopompus, on the contrary, 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.

> Greek: 27. τούτων δʼ οὕτως ἐχόντων, τῷ μὲν παιδὶ τουτῳί ἐστιν ὄνομα τῶν ἐν τῷ νόμῳ εἰρημένων, καὶ μέχρι ὧν ὁ νόμος κελεύει τὴν ἀγχιστείαν εἶναι· ἀνεψιοῦ γὰρ Ἁγνίου παῖς ἐστιν· ὁ γὰρ πατὴρ αὐτοῦ Εὐβουλίδης ἀνεψιὸς ἦν Ἁγνίᾳ, οὗ ἐστιν ὁ κλῆρος. ὁ δέ γε Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου οὐκ ἂν εἶχεν ὄνομα θέσθαι αὑτῷ τῶν ἐν τῷ νόμῳ εἰρημένων οὐδέν· ἐξ ἑτέρου γὰρ οἴκου ἦν, τοῦ Στρατίου.

[¶25] 28. But it is not fitting, men of the jury, that any man whatsoever 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.

> Greek: 28. οὐ προσήκει δέ, ὦ ἄνδρες δικασταί, οὐδένα ἀνθρώπων ἔχειν τὸν κλῆρον τὸν Ἁγνίου ἐξ ἑτέρου οἴκου ὄντα, ἕως ἄν τις λείπηται τῶν γενομένων ἐν τῷ οἴκῳ τῷ Ἁγνίου, οὐδʼ ἐκβάλλειν βίᾳ, ὅπερ οὗτοι διαπράττονται, γένει τε ἀπωτέρω ὄντες καὶ οὐκ ἐν τῷ αὐτῷ οἴκῳ. τοῦτο γάρ ἐστιν, ὦ ἄνδρες δικασταί, ᾧ παρεκρούσατο Θεόπομπος ὁ τουτουὶ πατὴρ Μακαρτάτου.

[¶26] 29. Who, then, are those still surviving in the branch of Hagnias? Phylomachê, 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. Theopompus, however, the father of the defendant Macartatus, not being himself of the branch of Hagnias, told the jurymen a monstrous lie regarding Phylomachê, 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.

> Greek: 29. τίνες οὖν οἱ λοιποί; οἱ ἔτι νῦν ὄντες ἐν τῷ οἴκῳ τῷ Ἁγνίου, Φυλομάχη τε ἡ ἐμὴ γυνή, Εὐβουλίδου δὲ θυγάτηρ οὖσα τοῦ ἀνεψιοῦ τοῦ Ἁγνίου, καὶ οὑτοσὶ ὁ παῖς ὁ εἰσηγμένος εἰς τὸν οἶκον τὸν Εὐβουλίδου καὶ Ἁγνίου. Θεόπομπος δὲ ὁ τουτουὶ πατὴρ Μακαρτάτου, οὐκ ὢν τοῦ οἴκου τοῦ Ἁγνίου, ἐψεύσατο πρὸς τοὺς δικαστὰς ὑπερμέγεθες ψεῦδος περί τε τῆς Φυλομάχης τῆς τοῦ Πολέμωνος ἀδελφῆς, τηθίδος δὲ Ἁγνίου, ὅτι οὐκ ἦν τῷ Πολέμωνι τῷ τοῦ Ἁγνίου υἱεῖ ὁμοπατρία καὶ ὁμομητρία ἀδελφή, καὶ πάλιν προσποιούμενος τοῦ αὐτοῦ οἴκου εἶναι Ἁγνίᾳ, ὁ οὐδεπώποτε γενόμενος.

[¶27] 30. All these assertions Theopompus made fearlessly, not producing any witness who would have been responsible to us, but having only his associates 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.

> Greek: 30. ταῦτα δὲ πάντα ἀδεῶς ἔλεγεν ὁ Θεόπομπος, μάρτυρα μὲν οὐδένα παρασχόμενος, ὅστις ἔμελλεν ὑπεύθυνος ἡμῖν ἔσεσθαι, συνομολογοῦντας δʼ ἑαυτῷ ἔχων τοὺς κοινωνούς, οἳ ἦσαν ἀλλήλοις συναγωνισταὶ καὶ ἅπαντα ἔπραττον κοινῇ, ὅπως ἀφέλωνται τὴν γυναῖκα τὴν τουτουὶ μητέρα τοῦ παιδὸς τὸν κλῆρον, ὃν αὐτῇ ὑμεῖς ἐψηφίσασθε.

[¶28] 31. 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 Phylomachê, the daughter of Eubulides, won judgement 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 Deposition “The deponents state that they were present before the arbitrator in the archonship of Nicophemus, when Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias against all who disputed her title.”

> Greek: 31. βούλομαι οὖν, ὦ ἄνδρες δικασταί, περὶ ὧν εἴρηκα πρὸς ὑμᾶς, μαρτυρίας παρασχέσθαι, πρῶτον μὲν ὡς ἐνίκησεν τοῦ κλήρου τοῦ Ἁγνίου ἡ Εὐβουλίδου θυγάτηρ Φυλομάχη, γένει οὖσα ἐγγυτάτω, ἔπειτα περὶ τῶν ἄλλων ἁπάντων. ἀναγίγνωσκε τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ. μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ ἐπὶΝικοφήμου ἄρχοντος, ὅτε ἐνίκησε Φυλομάχη ἡ Εὐβουλίδου θυγάτηρ τοῦ κλήρου τοῦ Ἁγνίου τοὺς ἀμφισβητοῦντας αὐτῇ πάντας.

[¶29] 32. That Phylomachê, 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 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.

> Greek: 32. ὅτι μὲν ἐνίκησεν ἡ Εὐβουλίδου θυγάτηρ τοῦ κλήρου τοῦ Ἁγνίου, ἀκηκόατε, ὦ ἄνδρες δικασταί. καὶ αὕτη ἐνίκησεν οὐδεμιᾷ παρασκευῇ ἀδίκῳ οὐδὲ συνωμοσίᾳ, ἀλλʼ ὡς οἷόν τε δικαιότατα, ἐπιδειξάντων ἡμῶν ὅτι γένει ἐγγυτάτω ἦν Ἁγνίᾳ, οὗ ἐστιν ὁ κλῆρος, ἀνεψιοῦ παῖς οὖσα πρὸς πατρὸς καὶ ἐκ τοῦ οἴκου οὖσα τοῦ Ἁγνίου.

[¶30] 33. 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 judgement 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 Eubulides, the cousin of Hagnias, but that Theopompus did not win the suit, but prevailed by trickery, being himself in no sense whatever of the branch of Hagnias.

> Greek: 33. ἐπειδὰν οὖν λέγῃ Μακάρτατος, ὅτι ἐνίκησεν ὁ πατὴρ αὐτοῦ Θεόπομπος τοῦ κλήρου τούτου, ὑπολαμβάνετε αὐτῷ ὑμεῖς, ὦ ἄνδρες δικασταί, ὅτι καὶ ἡ γυνὴ ἐνίκησεν πρότερον ἢ Θεόπομπος ὁ τουτουὶ πατήρ, καὶ ὅτι δικαίως ἐνίκησεν ἡ γυνὴ ἐκ τοῦ οἴκου οὖσα τοῦ Ἁγνίου, Εὐβουλίδου θυγάτηρ οὖσα, τοῦ ἀνεψιοῦ τοῦ Ἁγνίου, ὁ δὲ Θεόπομπος ὅτι οὐκ ἐνίκησεν, ἀλλὰ παρεκρούσατο, οὐκ ὢν ἐκ τοῦ οἴκου τὸ παράπαν τοῦ Ἁγνίου.

[¶31] 34. 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 Theopompus; 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.

> Greek: 34. ταῦτα αὐτῷ ὑμεῖς, ὦ ἄνδρες δικασταί, ὑπολαμβάνετε, καὶ ὅτι τὸν παῖδα τουτονὶ Εὐβουλίδην, τὸν Εὐβουλίδου υἱόν, Ἁγνίου δέ, οὗ ἐστιν ὁ κλῆρος, ἀνεψιοῦ παῖδα πρὸς πατρός, οὔτε Θεόπομπος ὁ Μακαρτάτου πατὴρ οὔτε ἄλλος οὐδεὶς πώποτε ἀνθρώπων ἐνίκησεν. νυνὶ δʼ ἐστὶν ὁ ἀγὼν καὶ ἡ διαδικασία περὶ τοῦ κλήρου τοῦ Ἁγνίου τῷ Εὐβουλίδου υἱεῖ τούτῳ καὶ Μακαρτάτῳ τουτῳὶ τῷ Θεοπόμπου υἱεῖ· καὶ ὁπότερος τούτων δικαιότερα λέγειν δόξει καὶ κατὰ τοὺς νόμους μᾶλλον, δῆλον ὅτι τούτῳ ὑμεῖς οἱ δικασταὶ προσθήσεσθε.

[¶32] 35. (To the clerk.) Read the remaining depositions; first, those proving that Phylomachê, 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. The Depositions “The deponents testify that they are fellow-demesmen of Philagrus, the father of Eubulides, and Polemon, the father of Hagnias, and that they know that Phylomachê, 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 Oenanthê, the mother of their 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 Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus.”

> Greek: 35. ἀναγίγνωσκε τὰς μαρτυρίας τὰς ὑπολοίπους, πρῶτον μὲν ὅτι ἡ Φυλομάχη ἡ τοῦ Ἁγνίου τηθὶς ἀδελφὴ ἦν ὁμοπατρία καὶ ὁμομητρία τῷ Πολέμωνι τῷ Ἁγνίου πατρί· ἔπειτα τὰς ἄλλας ἁπάσας ἀναγνώσεται ⟨τὰς⟩ περὶ τοῦ γένους. ΜΑΡΤΥΡΙΑΙ. μαρτυροῦσι δημόται εἶναι Φιλάγρῳ τῷ Εὐβουλίδου πατρὶ καὶ Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου, καὶ εἰδέναι Φυλομάχην τὴν μητέρα τὴν Εὐβουλίδου νομιζομένην ἀδελφὴν εἶναι Πολέμωνος τοῦ πατρὸς τοῦ Ἁγνίου ὁμοπατρίαν καὶ ὁμομητρίαν, καὶ μηδενὸς πώποτʼ ἀκοῦσαι ὡς γένοιτο ἀδελφὸς Πολέμωνι τῷ Ἁγνίου. ΑΛΛΗ.

[¶33] 36. 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 Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus.” Another “The deponent testifies that Archimachus was his grandfather 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 Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus.”

> Greek: 36. μαρτυροῦσιν Οἰνάνθην, τὴν μητέρα τοῦ πάππου τοῦ ἑαυτῶν Στρατωνίδου, ἀνεψιὰν εἶναι ἐκ πατραδέλφων Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου, καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτῶν, ὅτι Πολέμωνι ἀδελφὸς οὐδεὶς γένοιτο πώποτε, τῷ πατρὶ τῷ Ἁγνίου, ἀδελφὴ δὲ Φυλομάχη ὁμοπατρία καὶ ὁμομητρία, ἡ μήτηρ ἡ Εὐβουλίδου τοῦ πατρὸς τοῦΦυλομάχης τῆς Σωσιθέου γυναικός. ΑΛΛΗ. μαρτυρεῖ συγγενὴς εἶναι καὶ φράτηρ καὶ δημότης Ἁγνίᾳ καὶ Εὐβουλίδῃ, καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτῶν καὶ τῶν ἄλλων συγγενῶν, ὅτι ἀδελφὸς οὐδεὶς ἐγένετο Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου, ἀδελφὴ δʼ ὁμοπατρία καὶ ὁμομητρία Φυλομάχη ἡ μήτηρ ἡ Εὐβουλίδου τοῦ πατρὸς τοῦ Φυλομάχης τῆς Σωσιθέου γυναικός. ΑΛΛΗ.

[¶34] 37. Another “The deponent testifies that his wife’s father Callistratus 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 Phylomachê, 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.”

> Greek: 37. μαρτυρεῖ πάππον εἶναι ἑαυτοῦ Ἀρχίμαχον καὶ ποιήσασθαι ἑαυτὸν υἱόν, καὶ εἶναι αὐτὸν συγγενῆ Πολέμωνι τῷ πατρὶ τῷ Ἁγίου, καὶ ἀκούειν Ἀρχιμάχου καὶ τῶν ἄλλων συγγενῶν, ὅτι ἀδελφὸς οὐδεὶς πώποτʼ ἐγένετο Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου, ἀδελφὴ δʼ ὁμοπατρία καὶ ὁμομητρία Φυλομάχη ἡ μήτηρ ἡ Εὐβουλίδου τοῦ πατρὸς τοῦ Φυλομάχης τῆς Σωσιθέου γυναικός. ΑΛΛΗ. μαρτυρεῖ τὸν πατέρα τῆς ἑαυτοῦ γυναικὸς Καλλίστρατον ἀνεψιὸν εἶναι ἐκ πατραδέλφων Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου καὶ Χαριδήμῳ τῷ πατρὶ τῷ Θεοπόμπου, τὴν δὲ μητέρα τὴν ἑαυτοῦ ἀνεψιοῦ παῖδα εἶναι Πολέμωνι, καὶ λέγειν τὴν μητέρα τὴν αὑτῶν πρὸς αὑτοὺς πολλάκις, ὅτι Φυλομάχη ἡ μήτηρ ἡ Εὐβουλίδου ἀδελφὴ ἦν Πολέμωνος τοῦ πατρὸς τοῦ Ἁγνίου ὁμοπατρία καὶ ὁμομητρία, καὶ ὅτι ἀδελφὸς οὐδεὶς πώποτε γένοιτο Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου.

[¶35] 38. 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.

> Greek: 38. 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, ἀλλʼ ᾠόμεθα ταῦτά γε ἀδεῶς ὑπάρχειν ἡμῖν· οὗτοι δὲ τά τε ἄλλα πολλὰ καὶ ἀναίσχυντα παρεσκευάσαντο εἰς τὸν ἀγῶνα, καὶ ἔμελεν αὐτοῖς οὐδὲν πλὴν τοῦ ἐξαπατῆσαι ἐν τῷ παρόντι τότε καιρῷ τοὺς δικαστάς, οἵτινες κατεχρῶντο ὡς τῷ Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου τὸ παράπαν οὐδεμία γένοιτο ἀδελφὴ ὁμοπατρία καὶ ὁμομητρία·

[¶36] 39. 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 of Polemon and aunt of Hagnias.

> Greek: 39. οὕτως ἦσαν ἀναίσχυντοι καὶ βδελυροί, τηλικουτονὶ πρᾶγμα παρακρουόμενοι τοὺς δικαστὰς καὶ οὑτωσὶ περιφανές, καὶ ἐσπούδαζον καὶ ἠγωνίζοντο περὶ τούτου μάλιστα. ἡμεῖς δέ γε νυνὶ μάρτυρας ὑμῖν τοσουτουσὶ παρεσχήμεθα περὶ τῆς Πολέμωνος ἀδελφῆς, τηθίδος δὲ Ἁγνίου.

[¶37] 40. On the defendant’s side let whoever will give evidence either that Polemon and Phylomachê were not brother and sister, born of the same father and the same mother, or that Polemon was not the son, and Phylomachê not the daughter, of Hagnias, the son of Buselus; or that Polemon was not the father of Hagnias, whose estate is in question, and Phylomachê, the sister of Polemon, not his aunt;

> Greek: 40. τούτῳ δʼ ὁ βουλόμενος μαρτυρησάτω, ἢ ὡς οὐκ ἦσαν ἀδελφοὶ ὁμοπάτριοι καὶ ὁμομήτριοι Πολέμων καὶ Φυλομάχη, ἢ ὅτι οὐκ ἦν ὁ μὲν Πολέμων υἱός, ἡ δὲ Φυλομάχη θυγάτηρ Ἁγνίου τοῦ Βουσέλου υἱέος, ἢ ὅτι ὁ Πολέμων οὐκ ἦν πατὴρ Ἁγνίου, οὗ ἐστιν ὁ κλῆρος, οὐδʼ ἡ ἀδελφὴ ἡ Πολέμωνος Φυλομάχη τηθίς, ἢ ὡς Εὐβουλίδης οὐκ ἦν Φυλομάχης υἱὸς οὐδὲ Φιλάγρου τοῦ ἀνεψιοῦ τοῦ Ἁγνίου, ἢ ἐκεῖνο ὅτι Εὐβουλίδου τοῦ ἀνεψιοῦ τοῦ Ἁγνίου οὐκ ἔστι Φυλομάχη θυγάτηρ ἡ νῦν ἔτι οὖσα, οὐδʼ 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 ἦν τοῦ Ἁγνίου.

[¶38] 41. or that Eubulides was not the son of Phylomachê, or of Philagrus, the cousin of Hagnias; or this, that the still-living Phylomachê 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 favor 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. The Depositions “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 Charidemus, 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 Phylomachê, 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 Eubulides, and of Euctemon, who was king, and that they 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.”

> Greek: 41. τούτων ὅ τι βούλεταί τις μαρτυρησάτω αὐτῷ. ἀλλʼ εὖ οἶδʼ ὅτι οὐδεὶς οὕτω τολμηρὸς ἔσται οὐδὲ ἀπονενοημένος ἄνθρωπος. ὡς δὲ καταφανὲς ὑμῖν ἔσται, ὦ ἄνδρες δικασταί, ὅτι τὸ πρότερον ἀναισχυντοῦντες περιεγένοντο, δίκαιον δὲ οὐδὲν ἔλεγον, ἀναγίγνωσκε τὰς μαρτυρίας, ὅσαι εἰσὶν ἔτι ὑπόλοιποι. ΜΑΡΤΥΡΙΑΙ. μαρτυρεῖ συγγενὴς εἶναι Πολέμωνι τῷ Ἁγνίου 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 Ἁγνίᾳ ἐν τῷ αὐτῷ γένει Εὐβουλίδην κατὰ τὸν πατέρα τὸν ἑαυτοῦ Φίλαγρον, κατὰ δὲ τὴν μητέρα τὴν ἑαυτοῦ Φυλομάχην νομιζόμενον ἀνεψιὸν εἶναι Εὐβουλίδην Ἁγνίᾳ πρὸς πατρός, ἐκ τηθίδος γεγονότα Ἁγνίᾳ τῆς πρὸς πατρός. ΑΛΛΗ.

[¶39] 43. Another “The deponents testify that their father Strato was a relative 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 Philagrus took for his first wife Phylomachê, the sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that Philagrus had by Phylomachê a son Eubulides, and that after the death of Phylomachê Philagrus took a second wife Telesippê, 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 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 Phylomachê, the sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that by Phylomachê he had a son Eubulides, and that after the death of Phylomachê Philagrus took a second wife Telesippê, and that Philagrus had by Telesippê a son Menestheus, a brother to Eubulides, of the same father but not of the same mother; and that when Eubulides.

> Greek: 43. μαρτυροῦσι συγγενεῖς εἶναι Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου καὶ Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου καὶ Εὐκτήμονι τῷ βασιλεύσαντι, καὶ εἰδέναι Εὐκτήμονα ἀδελφὸν ὄντα ὁμοπάτριον Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου· καὶ ὁπότε ἡ ἐπιδικασία ἦν τοῦ κλήρου τοῦ Ἁγνίου Εὐβουλίδῃ πρὸς Γλαύκωνα, ἔτι ζῆν Εὐκτήμονα, ἐκ πατραδέλφων ἀνεψιὸν ὄντα Πολέμωνι τῷ πατρὶ ⟨τῷ⟩ Ἁγνίου, καὶ μὴ ἀμφισβητῆσαι Εὐκτήμονα Εὐβουλίδῃ τοῦ κλήρου τοῦ Ἁγνίου, μηδʼ ἄλλον μηδένα κατὰ γένος τότε. ΑΛΛΗ. μαρτυροῦσι τὸν πατέρα τὸν ἑαυτῶν Στράτωνα συγγενῆ εἶναι Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου καὶ Χαριδήμῳ τῷ πατρὶ τῷ Θεοπόμπου καὶ Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου, καὶ ἀκούειν τοῦ ἑαυτῶν πατρός, ὅτι Φίλαγρος λάβοι γυναῖκα πρώτην μὲν Φυλομάχην ἀδελφὴν Πολέμωνος τοῦ πατρὸς τοῦ Ἁγνίου ὁμοπατρίαν καὶ ὁμομητρίαν, καὶ γενέσθαι Φιλάγρῳ ἐκ μὲν τῆς Φυλομάχης Εὐβουλίδην, ἀποθανούσης δὲ Φυλομάχης ἑτέραν λαβεῖν γυναῖκα Φίλαγρον Τελεσίππην, καὶ γενέσθαι ὁμοπάτριον μὲν ἀδελφὸν Εὐβουλίδῃ Μενεσθέα, ὁμομήτριον δὲ μή· καὶ Εὐβουλίδου ἀμφισβητήσαντος τοῦ κλήρου τοῦ Ἁγνίου κατὰ γένος, Μενεσθέα μὴ ἀμφισβητῆσαι τοῦ κλήρου τοῦ Ἁγνίου, μηδʼ Εὐκτήμονα τὸν ἀδελφὸν τὸν Φιλάγρου, μηδʼ ἄλλον μηδένα κατὰ γένος πρὸς Εὐβουλίδην τότε. ΑΛΛΗ.

[¶40] 45. 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 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.”

> Greek: 45. μαρτυρεῖ τὸν πατέρα τὸν ἑαυτοῦ Ἀρχίμαχον συγγενῆ εἶναι Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου καὶ Χαριδήμῳ τῷ πατρὶ τῷ Θεοπόμπου καὶ Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου, καὶ ἀκούειν τοῦ πατρὸς τοῦ ἑαυτῶν, ὅτι Φίλαγρος λάβοι γυναῖκα πρώτην μὲν Φυλομάχην ἀδελφὴν Πολέμωνος τοῦ πατρὸς τοῦ Ἁγνίου ὁμοπατρίαν καὶ ὁμομητρίαν, καὶ γενέσθαι ἐκ μὲν Φυλομάχης Εὐβουλίδην, ἀποθανούσης δὲ Φυλομάχης ἑτέραν λαβεῖν γυναῖκα Φίλαγρον Τελεσίππην, καὶ γενέσθαι Φιλάγρῳ ἐκ Τελεσίππης Μενεσθέα, ὁμοπάτριον μὲν ἀδελφὸν Εὐβουλίδῃ, ὁμομήτριον δὲ μή· ἀμφισβητήσαντος δὲ ⟨Εὐβουλίδου τοῦ κλήρου⟩ τοῦ Ἁγνίου κατὰ γένος, Μενεσθέα μὴ ἀμφισβητῆσαι τοῦ κλήρου, μηδʼ Εὐκτήμονα τὸν ἀδελφὸν ⟨τὸν⟩ Φιλάγρου, μηδʼ ἄλλον μηδένα κατὰ γένος πρὸς Εὐβουλίδην τότε. ΑΛΛΗ. μαρτυρεῖ τὸν πατέρα τῆς ἑαυτοῦ μητρὸς Καλλίστρατον ἀδελφὸν εἶναι Εὐκτήμονι τῷ βασιλεύσαντι καὶ Φιλάγρῳ τῷ πατρὶ τῷ Εὐβουλίδου, ἀνεψιοὺς δʼ εἶναι τούτους Πολέμωνι τῷ πατρὶ τῷ Ἁγνίου καὶ Χαριδήμῳ τῷ πατρὶ τῷ Θεοπόμπου, καὶ ἀκούειν τῆς μητρὸς τῆς ἑαυτοῦ, ὅτι ἀδελφὸς οὐ γένοιτο Πολέμωνι τῷ πατρὶ ⟨τῷ⟩ Ἁγνίου, ἀδελφὴ δὲ γένοιτο ὁμοπατρία καὶ ὁμομητρία Φυλομάχη, καὶ ταύτην λάβοι τὴν Φυλομάχην Φίλαγρος, καὶ γένοιτο ἐξ αὐτῶν Εὐβουλίδης ὁ πατὴρ ὁ Φυλομάχης τῆς Σωσιθέου γυναικός.