0. Argument A certain Aristarchus was the father of four children, Cyronides, Demochares, the mother of the speaker of this oration, and another daughter. During his lifetime he gave Cyronides in adoption to be heir of the estate of his maternal grandfather Xenaenetus, and left his other children as his own heirs. Subsequently Demochares died without issue, as also did one of the daughters, and the whole estate passed by law to the mother of the speaker. Such was the position of affairs; but, after the death of Aristarchus, Aristomenes, his brother and now the legal representative of his brother's children, gave his own daughter in marriage to Cyronides, the son of Aristarchus, who had been adopted out of the family, having promised to obtain for him the estate of Aristarchus. This he succeeded in doing; for, when a son was born to Cyronides, they first gave him his grandfather's name, calling him Aristarchus (II.), and then had him adopted into his grandfather's family, on the ground that the latter had given instructions to this effect, and Aristomenes handed over to him all his grandfather's estate. Aristarchus (II.), dying without issue, constituted his own brother Xenaenetus (II.) by will as his heir. This being so and Xenaenetus being in possession of the property of Aristarchus the elder, the son of the latter's daughter claims the estate from him, asserting that he is himself by law the sole heir to the fortune of Aristarchus the elder. For, he declares, Cyronides passed out of the family by adoption, and his father, having a legitimate son, namely, Demochares, could not adopt a child; nor were Demochares, being under age, and the other sister who predeceased him in a position to adopt a son into their father's family. Therefore, he argues, since the adoption of Aristarchus the younger was not good in law, his will could not stand either; for how could he pass on to another property which he acquired without right? The will being thus annulled, the estate ought naturally to pass to the speaker as son of the legitimate daughter of Aristarchus the elder. Such is the subject; the discussion is concerned with validity, namely, that of a written document; for the questions are whether such a will ought to stand and which party has the better claim.
0. Ὑπόθεσις Ἀρίσταρχός τις τεσσάρων πατὴρ γενόμενος παίδων, Κυρωνίδου καὶ Δημοχάρους καὶ τῆς μητρὸς τοῦ λέγοντος τὸν λόγον καὶ ἄλλης κόρης, τούτων μὲν τὸν Κυρωνίδην ἔτι περίων εἰσεποίησεν εἰς τὸν Ξεναινέτου τοῦ κατὰ μητέρα πάππου κλῆρον, αὐτὸς δὲ κληρονόμους τοὺς λοιποὺς ἑαυτῷ κατέλειψε παῖδας. μετὰ ταῦτα τελευτᾷ μὲν Δημοχάρης ἄπαις, καὶ ἡ μία θυγάτηρ [αὐτοῦ] καὶ αὐτὴ ἄπαις, ὁ δὲ κλῆρος ὅλος ἔρχεται δικαίως εἰς τὴν μητέρα τοῦ λέγοντος τὸν λόγον. καὶ ταῦτα μὲν οὕτω· μετὰ δὲ τὴν τελευτὴν Ἀριστάρχου Ἀριστομένης ἀδελφὸς ὢν αὐτοῦ καὶ κατὰ νόμον ἐπίτροπος τῶν τοῦ ἀδελφοῦ γινόμενος παίδων, ἐκδέδωκε Κυρωνίδῃ τῷ ἐκποιήτῳ υἱῷ Ἀριστάρχου τὴν θυγατέρα ἑαυτοῦ, ἐπαγγειλάμενος περιποιῆσαι αὐτῷ τὸν Ἀριστάρχου κλῆρον. ὃ δὴ καὶ πεποίηκε· γενομένου γὰρ υἱοῦ τῷ Κυρωνίδῃ πρῶτον μὲν ὄνομα τῷ παιδὶ τὸ τοῦ πάππου δεδώκασιν, Ἀρίσταρχον ὀνομάσαντες, εἶτα εἰσεποίησαν αὐτὸν εἰς τὸν 〈τοῦ〉 πάππου οἶκον ὡς δὴ τοῦτο ἐκείνου προστάξαντος, καὶ παραδέδωκεν Ἀριστομένης αὐτῷ τὸν ὅλον τοῦ πάππου κλῆρον. ἔτι δὲ ἄπαις ὢν ἐκεῖνος [καὶ] τελευτῶν κληρονόμον κατὰ διαθήκας ἐνεστήσατο τὸν ἴδιον ἀδελφὸν Ξεναίνετον. τούτων οὕτω γενομένων, καὶ κρατοῦντος Ξεναινέτου τὴν Ἀριστάρχου τοῦ παλαιοῦ οὐσίαν, ἀμφισβητεῖ πρὸς αὐτὸν ὁ υἱὸς τῆς θυγατρὸς Ἀριστάρχου τοῦ παλαιοῦ, λέγων ἑαυτὸν μόνον εἶναι κληρονόμον δικαίως τῶν Ἀριστάρχου τοῦ παλαιοῦ χρημάτων. ὁ μὲν γὰρ Κυρωνίδης (φησίν) ἐκποίητος ἐγένετο· ὁ δὲ πατὴρ υἱὸν ἔχων γνήσιον τὸν Δημοχάρην, οὐκ ἐδύνατο θετὸν ἑαυτῷ ποιῆσαι παῖδα· ὁ δὲ Δημοχάρης ἀτελὴς ὢν οὐδὲ αὐτὸς ἐδύνατο εἰσποιῆσαι τῷ πατρὶ θετὸν υἱόν· ἀλλʼ οὐδʼ ἡ ἄλλη θυγάτηρ αὐτοῦ ἡ προτελευτήσασα. ὥστε οὐ κατὰ τὸν νόμον (φησί) τῆς εἰσποιήσεως γενομένης τοῦ μικροῦ Ἀριστάρχου, οὐκέτι συνίστατο ἡ διαθήκη αὐτοῦ, τοῦ νέου Ἀριστάρχου· ἃ γὰρ μὴ δικαίως ἐκτήσατο, πῶς ἄλλῳ παραπέμπειν ἐδύνατο; ἀναιρουμένης δὲ τῆς διαθήκης εἰκότως ὁ κλῆρος εἰς τὸν λέγοντα τὸν λόγον ἐφέρετο, υἱὸν ὄντα τῆς γνησίας θυγατρὸς Ἀριστάρχου τοῦ παλαιοῦ. καὶ ἡ μὲν ὑπόθεσις αὕτη, ἡ στάσις δὲ πραγματικὴ ἔγγραφος· ζητεῖ〈ται〉 γὰρ εἰ δεῖ τὰς τοιαύτας συνεστάναι διαθήκας, καὶ τίς δικαιότερα λέγει.
1. I could wish, gentlemen, that, as Xenaenetus here finds it easy to lie with boldness, so I with like confidence could speak the truth to you in presenting my claim; for then, I think, it would immediately become clear to you whether we have unjustly come forward to claim the inheritance and whether our opponents have been for a long time in wrongful possession of this fortune. But, as it is, we are not on equal terms; for they are both able speakers and clever plotters, so that they have often pleaded before you on behalf of others, whereas I, so far from speaking on behalf of another, have never before pleaded on my own behalf in a private suit, and therefore deserve great indulgence at your hands.
1. ἐβουλόμην 〈μέν〉, ὦ ἄνδρες, ὥσπερ Θεναίνετος οὑτοσὶ δύναται ψευδῆ λέγειν θαρραλέως, οὕτω κἀγὼ τἀληθῆ πρὸς ὑμᾶς περὶ ὧν ἀμφισβητοῦμεν εἰπεῖν δυνηθῆναι· οἶμαι γὰρ ἂν ὑμῖν εὐθέως δῆλον γενέσθαι εἴθʼ ἡμεῖς ἀδίκως ἐπὶ τὸν κλῆρον ἥκομεν, εἴθʼ οὗτοι μὴ προσηκόντως πάλαι τὰ χρήματα ταῦτα εἰλήφασι. νῦν δὲ οὐκ ἐξ ἴσου διακείμεθα, ὦ ἄνδρες. οἱ μὲν γὰρ καὶ λέγειν δεινοὶ καὶ παρασκευάσασθαι ἱκανοί, ὥστε καὶ ὑπὲρ ἑτέρων πολλάκις ἐν ὑμῖν ἠγωνίσθαι· ἐγὼ δὲ μὴ ὅτι ὑπὲρ ἄλλου ἀλλʼ οὐδὲ ὑπὲρ ἐμαυτοῦ πώποτε δίκην ἰδίαν εἴρηκα, ὥστε πολλῆς δεῖ με συγγνώμης τυχεῖν παρʼ ὑμῶν.
2. I was obliged, it is true, owing to the impossibility of obtaining justice against my opponents, to add to my petition at the preliminary inquiry that my mother was sister of Aristarchus (II.). This will not, however, make your decision any the less easy, if you ask yourselves the question in the light of the laws whether the estate which Aristarchus (II.) has bequeathed to my opponent was his own or whether it was property to which he had no right. This question is a perfectly legal one; for the law ordains that a man can dispose of what is his own to anyone he likes, but it has never given anyone power over the possessions of another.
2. ἠνάγκασμαι μὲν οὖν, ὦ ἄνδρες, διὰ τὸ μὴ δύνασθαι δίκην παρʼ αὐτῶν λαβεῖν, τὴν μητέρα τὴν ἐμὴν ἐν τῇ ἀνακρίσει Ἀριστάρχου εἶναι ἀδελφὴν προσγράψασθαι· οὐ μὴν διὰ τοῦτο ὑμῖν ἡ διάγνωσις ἧττον περὶ αὐτῶν εὐκρινὴς γενήσεται, [ἀλλʼ] ἐκ τῶν νόμων σκοποῦσιν εἰ τὰ ἑαυτοῦ δέδωκε τούτῳ Ἀρίσταρχος ἢ τὰ μηδὲν προσήκοντα. ἔστι δὲ δίκαιον τοῦτο, ὦ ἄνδρες· ὁ γὰρ νόμος κελεύει τὰ μὲν ἑαυτοῦ διαθέσθαι ὅτῳ ἂν ἐθέλῃ, τῶν δὲ ἀλλοτρίων οὐδένα κύριον πεποίηκε.
3. This, then, is the first point which I shall try to make clear to you, if you will give me your kind attention; for you will recognize that this estate belonged from the first, not to my opponents but to my mother, who inherited it from her father, and, secondly, that Aristarchus (II.) seized it without the sanction of any law, and that he and the members of his family are wronging my mother in violation of every law. I will try to put the matter before you, going back to a point which will enable you to form the clearest conception of the facts.
3. τοῦτο οὖν ὑμᾶς πειράσομαι πρῶτον διδάσκειν, ἐάν μου μετʼ εὐνοίας ἀκοῦσαι ἐθέλητε. εἴσεσθε γὰρ ὡς ὁ κλῆρος οὗτος οὐ τούτων ἦν ἐξ ἀρχῆς, ἀλλὰ τῆς ἐμῆς μητρὸς πατρῷος, ἔπειτα καὶ ὡς Ἀρίσταρχος οὐδὲ καθʼ ἕνα νόμον αὐτὸν εἴληφεν, ἀλλὰ παρὰ πάντας τοὺς νόμους ἀδικεῖ μετὰ τῶν οἰκείων τὴν ἐμὴν μητέρα. ὅθεν οὖν σαφέστατα μαθήσεσθε ὡς ἔχει ταῦτα, ἐντεῦθεν ὑμᾶς πρῶτον πειράσομαι διδάσκειν.
4. Aristarchus (I.), gentlemen, belonged to the deme of Sypalettus. He married the daughter of Xenaenetus (I.) of Acharnae, by whom he had two sons, Cyronides and Demochares, and two daughters, one of whom was my mother. Cyronides, the father of my opponent and of the other party who illegally kept possession of this estate, was adopted into another family, so that he had no further claim to the property. On the death of Aristarchus (I.), the father of these two sons, Demochares his son became his heir; but, when he died in his minority and the other sister also died, my mother became heiress to the whole of the family estate.
4. Ἀρίσταρχος γὰρ ἦν, ὦ ἄνδρες, Συπαλήττιος. οὗτος ἔλαβε Ξεναινέτου Ἀχαρνέως θυγατέρα, ἐξ ἧς γίγνεται Κυρωνίδης καὶ Δημοχάρης καὶ ἡ μήτηρ ἡ ἐμὴ καὶ ἄλλη τούτων ἀδελφή. Κυρωνίδης μὲν οὖν ὁ τοῦδε πατὴρ καὶ θατέρου τοῦ τόνδε τὸν κλῆρον ἀδίκως ἔχοντος ἐξεποιήθη εἰς ἕτερον οἶκον, ὥστε αὐτῷ τῶν χρημάτων οὐδὲν ἔτι προσῆκεν· Ἀριστάρχου δὲ τοῦ πατρὸς 〈τοῦ〉 τούτων τελευτήσαντος Δημοχάρης 〈ὁ〉 ὑὸς κληρονόμος τῶν ἐκείνου κατέστη. τούτου δὲ παιδὸς ἀποθανόντος καὶ τῆς ἑτέρας ἀδελφῆς, ἡ μήτηρ ἡ ἐμὴ ἐπὶ παντὶ τῷ οἴκῳ ἐπίκληρος ἐγένετο.
5. Thus from the beginning all this fortune really belonged to my mother; but, although she ought to have passed by marriage, together with her fortune, into the hands of her nearest relative, she is being abominably treated. For Aristomenes, the brother of Aristarchus the elder, having a son and a daughter of his own, neglected to make her his own wife or to have her married to his own son by an adjudication of the court; refusing both these alternatives, he gave his own daughter in marriage to Cyronides, endowing her with the fortune which belonged to my mother. Xenaenetus here and Aristarchus (II.), now deceased, were the issue of this marriage.
5. καὶ οὕτω μὲν ἐξ ἀρχῆς ἅπαντα ταυτὶ τῆς ἐμῆς μητρὸς ἐγένετο· προσῆκον δʼ αὐτῇ μετὰ τῶν χρημάτων τῷ ἐγγύτατα γένους συνοικεῖν, πάσχει δεινότατα, ὦ ἄνδρες. Ἀριστομένης γὰρ ἀδελφὸς ὢν ἐκείνου τοῦ Ἀριστάρχου, ὄντος αὐτῷ ὑέος καὶ θυγατρός, ἀμελήσας ἢ αὐτὸς αὐτὴν ἔχειν ἢ τῷ ὑεῖ μετὰ τοῦ κλήρου ἐπιδικάσασθαι, τούτων μὲν οὐδὲν ἐποίησε, τὴν δὲ ἑαυτοῦ θυγατέρα ἐπὶ τοῖς τῆς ἐμῆς μητρὸς χρήμασι Κυρωνίδῃ ἐξέδωκεν, ἐξ ἧς ὁ Θεναίνετος οὗτος καὶ Ἀρίσταρχος ὁ τελευτήσας ἐγένετο.
6. This is the injury, this the manner, gentlemen, in which my mother was deprived of her fortune. Subsequently Aristomenes gave my mother in marriage to my father. On the death of Cyronides, they introduced Xenaenetus's brother as the adopted son of Aristarchus (I.), a proceeding which cannot be justified by any law, as I will demonstrate to you by many proofs.
6. τὸ μὲν οὖν ἀδίκημα, καὶ ὃν τρόπον τῶν χρημάτων ἀπεστερήθη, τοῦτʼ ἐστίν, ὦ ἄνδρες· μετὰ δὲ ταῦτα τὴν ἐμὴν μητέρα ἐκδίδωσι τῷ ἐμῷ πατρί. Κυρωνίδου δὲ τελευτήσαντος τὸν τοῦ Θεναινέτου ἀδελφὸν εἰσάγουσιν Ἀριστάρχῳ ὑόν, οὐδὲ καθʼ ἕνα νόμον, ὦ ἄνδρες, ὡς ἐγὼ ἐκ πολλῶν τεκμηρίων ὑμῖν ἐπιδείξω.
7. I will produce witnesses to testify, in the first place, that Cyronides entered by adoption into the family of Xenaenetus (I.) and belonged to that family at the time of his death; secondly, that Aristarchus (I.), to whom this estate belonged, predeceased his son Demochares, and that Demochares died while yet a minor, as did also the other sister, with the result that the estate devolved on to my mother. Please summon the witnesses to these facts.
7. πρῶτον μὲν οὖν μάρτυρας ὑμῖν παρέξομαι ὡς Κυρωνίδης ἐκποίητος εἰς τὸν Θεναινέτου οἶκον ἐγένετο καὶ ἐν ἐκείνῳ ἐτελεύτησεν, ἔπειθʼ ὡς Ἀρισταρχος, οὗ ἦν οὗτος ὁ κλῆρος, πρότερος τοῦ ὑέος Δημοχάρους ἐτελεύτησε, Δημοχάρης δὲ παῖς ὢν ἀπέθανε καὶ ἡ ἑτέρα ἀδελφή, ὥστε τὸν κλῆρον ἐπὶ τῇ ἐμῇ μητρὶ γενέσθαι. καί μοι κάλει τούτων τοὺς μάρτυρας.
8. Witnesses Thus, gentlemen, the estate now in question belonged to my mother from the beginning, since Cyronides was adopted out of the family into that of Xenaenetus (I.), and his father, Aristarchus (I.), left his property to his son Demochares, who left it to his own sister, my mother. But since they are so exceedingly impudent and claim this fortune against all right, you must see, gentlemen, that no law whatever authorized the introduction of Aristarchus (the younger) into the ward of Aristarchus (the elder); if you see this, you will clearly apprehend that the illegal detainer of the property had no right to dispose of it either.
8. 〈Μάρτυρες〉 οὕτω μὲν ἐξ ἀρχῆς 〈τῆς μητρὸς τῆς ἐμῆς〉 ἦν, ὦ ἄνδρες, ὁ κλῆρος, περὶ οὗ νῦν ὁ λόγος ἐστί, Κυρωνίδου μὲν ἐκποιήτου γενομένου εἰς τὸν Θεναινέτου οἶκον, τοῦ δὲ πατρὸς Ἀριστάρχου τῷ ὑεῖ Δημοχάρει καταλιπόντος, ἐκείνου δὲ τῇ ἀδελφῇ τῇ ἑαυτοῦ ταύτῃ, μητρὶ δὲ ἐμῇ. δεῖ δέ, ἐπειδὴ λίαν ἀναισχυντοῦσιν, ὦ ἄνδρες, καὶ τὰ χρήματα παρὰ τὸ δίκαιον ἔχειν ἀξιοῦσι, μαθεῖν ὑμᾶς ὡς οὐδὲ καθʼ ἕνα νόμον Ἀρίσταρχος εἰς τοὺς φράτορας τοὺς ἐκείνου εἰσῆκται· ἐὰν γὰρ τοῦτο μάθητε, σαφῶς εἴσεσθε ὅτι τῷ μὴ δικαίως ἔχοντι οὐδὲ διατίθεσθαι περὶ αὐτῶν προσῆκεν.
9. I think that you are all aware, gentlemen, that the introduction of adopted children is always carried out by a will, the testator simultaneously devising his estate and adopting the son, and that this is the only legal method. If, therefore, anyone shall assert that Aristarchus (I.) himself made a will, he will be saying what is not true; for, while he possessed a legitimate son, Demochares, he could not have wished to do so and he was not permitted to devise his property to anyone else. Again, if they declare that Demochares adopted Aristarchus (II.) after the death of Aristarchus (I.), they will likewise be lying.
9. οἶμαι τοίνυν πάντας ὑμᾶς εἰδέναι, ὦ ἄνδρες, ὅτι κατὰ διαθήκας αἱ εἰσαγωγαὶ τῶν εἰσποιήτων γίγνονται, διδόντων τὰ ἑαυτῶν καὶ ὑεῖς ποιουμένων, ἄλλως δὲ οὐκ ἔξεστιν. εἴτε οὖν Ἀρίσταρχον φήσει τις αὐτὸν διαθέσθαι, οὐκ ἀληθῆ λέξει· γνησίου γὰρ ὄντος αὐτῷ Δημοχάρους ὑέος οὔτʼ ἂν ἐβούλετο ταῦτα [δια]πρᾶξαι, οὔτε ἐξῆν δοῦναι τὰ ἑαυτοῦ ἑτέρῳ· εἴτε Ἀριστάρχου τελευτήσαντος Δημοχάρην αὐτὸν ποιήσασθαι, καὶ ταῦτα ψεύσονται.
10. For a minor is not allowed to make a will; for the law expressly forbids any child—or woman—to contract for the disposal of more than a bushel of barley. Now evidence has been given you that Aristarchus (I.) predeceased his son Demochares and that the latter died after his father; and so, even supposing they had made wills, Aristarchus (II.) could never have inherited this property under their wills. Now read the laws which show that neither of them had the right to make a will.
10. παιδὸς γὰρ οὐκ ἔξεστι διαθήκην γενέσθαι· ὁ γὰρ νόμος διαρρήδην κωλύει παιδὶ μὴ ἐξεῖναι συμβάλλειν μηδὲ γυναικὶ πέρα μεδίμνου κριθῶν. μεμαρτύρηται δὲ Ἀρίσταρχον μὲν πρότερον Δημοχάρους τοῦ ὑέος τελευτῆσαι, ἐκεῖνον δὲ ὕστερον τοῦ πατρός· ὥστε κατά γε διαθήκην ἐκείνων, οὐδʼ εἰ διέθεντο προσῆκεν αὐτῷ τούτων τῶν χρημάτων κληρονομῆσαι. ἀνάγνωθι δὴ καὶ τοὺς νόμους, καθʼ οὓς οὐδετέρῳ αὐτῶν ἐξῆν διαθήκας ποιήσασθαι.
11. Laws Nor again, gentlemen, could Cyronides give Aristarchus (I.) a son by adoption; he could, it is true, have returned to his father's family, if he had left a son in the family of Xenaenetus (I.), but there is no law which permits him to introduce a son of his own to take his place. If they assert the existence of such a law they will be lying. So, not even if they assert that the adoption was carried out by Cyronides, will they be able to point to any law which authorized him to do so; but from their own assertions it will become still more evident to you that they are illegally and impudently detaining my mother's property.
11. Νόμοι οὐ τοίνυν, ὦ ἄνδρες, οὐδὲ Κυρωνίδην οἷόν τε ἦν ὑὸν Ἀριστάρχῳ εἰσποιῆσαι, ἀλλʼ αὐτῷ μὲν ἐπανελθεῖν εἰς τὸν πατρῷον οἶκον ἐξῆν, ὑὸν ἐγκαταλιπόντα ἐν τῷ Θεναινέτου οἴκῳ, ἐξ αὑτοῦ δὲ ἀντεισαγαγεῖν οὐκ ἔστι νόμος· ἢ ἐὰν φῶσι, ψεύσονται. ὥστε οὐδʼ ἂν φάσκωσιν ὑπʼ ἐκείνου 〈εἰς〉ποιηθῆναι, νόμον ἕξουσι δεῖξαι καθʼ ὃν ἐξῆν αὐτῷ ταῦτα πρᾶξαι, ἀλλʼ ἐξ ὧν αὐτοὶ λέγουσιν ἔτι φανερώτερον ὑμῖν γενήσεται τοῦτο, ὅτι παρανόμως καὶ ἀσελγῶς ἔχουσι τὰ τῆς μητρὸς χρήματα.
12. Furthermore, gentlemen, though Aristomenes or Apollodorus might have had my mother adjudicated to them in marriage, yet they had no right to her estate. Seeing that neither Apollodorus nor Aristomenes, if either of them had married my mother, could possibly have had the disposal of her property—in accordance with the law which does not allow anyone to have the disposal of the property of an heiress except her sons, who obtain possession of it on reaching the second year after puberty—it would be strange if Aristarchus is going to be allowed, after giving her in marriage to another, to introduce a son to inherit her fortune.
12. καὶ μὲν δή, ὦ ἄνδρες, οὐδὲ Ἀριστομένει γε οὐδὲ Ἀπολλοδώρῳ, οἷς προσῆκε τῆς ἐμῆς μητρὸς ἐπιδικάσασθαι, οὐδὲ τούτοις ἐξῆν. θαυμαστὸν γὰρ ἂν ἦν, εἰ τὴν ἐμὴν μητέρα ἔχοντι Ἀπολλοδώρῳ ἢ Ἀριστομένει οὐκ ἂν οἷόν τε ἦν τῶν ἐκείνης κυρίῳ γενέσθαι, κατὰ τὸν νόμον ὃς οὐκ ἐᾷ τῶν τῆς ἐπικλήρου κύριον εἶναι, ἀλλʼ ἢ τοὺς παῖδας ἐπὶ δίετες ἡβήσαντας κρατεῖν τῶν χρημάτων, ἀλλʼ ἑτέρῳ αὐτὴν ἐκδόντι ἐξέσται εἰς τὰ ταύτης χρήματα ὑὸν εἰσποιῆσαι. δεινὰ μέντʼ ἂν γίγνοιτο.
13. It would indeed be an extraordinary state of affairs. Again, her own father, in default of male heirs, could not have disposed of his estate without disposing of her with it; for the law ordains that he may dispose of his property to whomsoever he wishes, if he disposes of his daughters with it. But when one who has refused to take the heiress in marriage and is not her father but her cousin, introduces an heir to her fortune in violation of every law, is this to be recognized as a valid act? Who of you can possibly believe it to be so?
13. καὶ τῷ μὲν πατρὶ αὐτῆς, εἰ παῖδες ἄρρενες μὴ ἐγένοντο, οὐκ ἂν ἐξῆν ἄνευ ταύτης διαθέσθαι· κελεύει γὰρ ὁ νόμος σὺν ταύταις κύριον εἶναι δοῦναι, ἐάν τῳ βούληται, τὰ ἑαυτοῦ· τῷ δὲ μήτε λαβεῖν αὐτὴν ἀξιώσαντι μήτε πατρὶ ὄντι, ἀλλʼ ἀνεψιῷ, παρὰ πάντας τοὺς νόμους εἰσαγαγόντι ἔσται κυρίως ταῦτα πεπραγμένα; καὶ τίς ὑμῶν ταῦτα πεισθήσεται;
14. For myself, gentlemen, I am perfectly certain that neither Xenaenetus nor anyone else can prove that this estate does not belong to my mother, having come to her through her brother Demochares. But, if, after all, they venture to deal with the question, order them to indicate the law under which the adoption has been carried out in favor of Aristarchus (II.) and to declare who carried it out. This is a perfectly just demand. But I know that they will not be able to indicate any such law.
14. ἐγὼ μέν, ὦ ἄνδρες, σαφῶς ἐπίσταμαι ὅτι οὔτε Ξεναίνετος οὔτε ἄλλος οὐδεὶς ἀνθρώπων ἕξει ἀποδεῖξαι ὡς οὐ τῆς ἐμῆς μητρὸς οὗτος 〈ὁ〉 κλῆρός ἐστι, τοῦ ἀδελφοῦ αὐτῇ τοῦ Δημοχάρους καταλιπόντος· ἐὰν δʼ ἄρα τολμῶσι περὶ αὐτῶν λέγειν, νόμον κελεύετε δεῖξαι καθʼ ὃν γεγένηται ἡ εἰσποίησις Ἀριστάρχῳ, καὶ τίς ὁ εἰσποιήσας· τοῦτο γὰρ δίκαιόν ἐστιν. ἀλλʼ οἶδʼ ὅτι οὐχ ἕξουσιν ἐπιδεῖξαι.
15. That the estate, then, belonged to my mother from the beginning and that she has been unjustly deprived of it by my opponents, has, I think, been sufficiently demonstrated by my arguments, by the evidence which has been produced, and by the citation of the actual laws. Indeed, these men are so perfectly well aware that they are wrongfully in possession of this fortune that they do not rest their argument solely upon the legality of the introduction of Aristarchus (II.) to the members of the ward, but also allege that Xenaenetus's father has paid a judgement-debt on behalf of the estate in order that, if their claim on the former ground should not seem just, it may appear that they have a good claim to the estate on the second ground.
15. περὶ μὲν οὖν τοῦ τὸν κλῆρον εἶναι τῆς μητρὸς ἐξ ἀρχῆς καὶ ἀδίκως αὐτὴν ὑπὸ τούτων ἀπεστερῆσθαι, ἔκ τε τῶν εἰρημένων καὶ μεμαρτυρημένων καὶ ἐξ αὐτῶν τῶν νόμων ἱκανῶς ἡγοῦμαι ἀποδεδεῖχθαι. οὕτω δὲ καὶ τούτοις φανερόν ἐστιν ὅτι οὐ προσηκόντως ἔχουσι ταῦτα τὰ χρήματα, ὥστε οὐκ ἐπὶ τῷ δικαίως Ἀρίσταρχον εἰσαχθῆναι εἰς τοὺς φράτορας τὸν λόγον ποιοῦνται μόνον ἀλλὰ καὶ δίκην φασὶν ὑπὲρ τούτων τῶν χρημάτων τὸν πατέρα τὸν ἑαυτῶν ἐκτετικέναι, ἵνα, ἂν μὴ κατʼ ἐκεῖνον δικαίως δοκῶσιν ἔχειν, κατά γε ταῦτα εἰκότως προσῆκον αὐτοῖς φαίνηται.
16. I shall show you, gentlemen, by convincing proofs that there is no truth in what they say. For if, as they allege, this estate had been insolvent, they would never have expended any money upon it—for it was not their business to do so, but those who had the right to claim my mother's hand ought to have concerned themselves with the matter—nor would they have introduced a son as the adopted child of Aristarchus (I.) to inherit his estate, if they were not going to get any advantage but only suffer considerable loss.
16. ἐγὼ δʼ, ὦ ἄνδρες, ὅτι οὐκ ἀληθῆ λέγουσι, μεγάλοις ὑμᾶς τεκμηρίοις διδάξω. εἰ γὰρ ἦν, ὡς οὗτοι λέγουσιν, ὑπόχρεως οὗτος ὁ κλῆρος, οὔτʼ ἂν χρήματα οὗτοι ὑπὲρ αὐτῶν ἐξέτινον (οὐ γὰρ προσῆκεν αὐτοῖς, ἀλλʼ οἷς ἐγένετο ἡ ἐμὴ μήτηρ ἐπίδικος, τούτοις ἀναγκαῖον ἦν ὑπὲρ αὐτῶν βουλεύσασθαι), οὔτε ἂν εἰσεποίουν εἰς τοῦτον τὸν κλῆρον ὑὸν Ἀριστάρχῳ, μέλλοντες ὠφεληθήσεσθαι μὲν μηδέν, ζημιωθήσεσθαι δὲ μεγάλα.
17. Other people indeed, when they have had monetary losses, introduce their children into other families in order that they may not share in their parents' loss of civic rights; and did my opponents adopt themselves into a succession and family which was insolvent, in order that they might lose in addition what they already possessed? Nay, it is impossible the estate was unencumbered and descended to my mother, and these men, in their greed for money and their anxiety to rob her, devised all this story.
17. ἢ ἕτεροι μέν, ὅταν περὶ χρημάτων δυστυχῶσι, τοὺς σφετέρους αὐτῶν παῖδας εἰς ἑτέρους οἴκους εἰσποιοῦσιν, ἵνα μὴ μετάσχωσι τῆς τοῦ πατρὸς ἀτιμίας· οὗτοι δὲ ἄρα εἰς ὑπόχρεων οὐσίαν καὶ οἶκον εἰσεποίουν σφᾶς αὐτούς, ἵνα καὶ τὰ ὑπάρχοντα προσαπολέσειαν; οὐκ ἔστι ταῦτα, ἀλλʼ ὁ μὲν κλῆρος ἐλεύθερος ἦν καὶ τῆς ἐμῆς μητρὸς ἐγένετο, οὗτοι δὲ φιλοχρηματοῦντες καὶ ἐκείνην ἀποστεροῦντες ταῦτα πάντα ἐμηχανήσαντο.
18. Some among you, gentlemen, may be surprised at the delay, and ask how it is that we allowed so long an interval to elapse, and, being defrauded, took no steps in the matter, and are only now putting in our claim. Now, although I think it unjust that anyone should have less than his due rights through inability or neglect to assert them—for such a consideration should not be taken into account, but only the justice or injustice of his plea—yet even for this delay, gentlemen, we can furnish an explanation.
18. ἴσως οὖν 〈ἄν〉 τις, ὦ ἄνδρες, τὸν χρόνον ὑμῶν θαυμάσειε, πῶς ποτε πολὺν οὕτως εἰάσαμεν καὶ ἀποστερούμενοι οὐκ ᾖμεν ἐπʼ αὐτά, ἀλλὰ νυνὶ περὶ αὐτῶν τοὺς λόγους ποιούμεθα. ἐγὼ δὲ οἶμαι μὲν οὐ δίκαιον εἶναι διὰ τοῦτο ἔλαττον ἔχειν, εἴ τις μὴ ἐδυνήθη ἢ κατημέλησεν (οὐ γὰρ τοῦτό ἐστι σκεπτέον, ἀλλὰ τὸ πρᾶγμα εἰ δίκαιον ἢ μή)· ὅμως μέντοι καὶ περὶ τούτων αἴτιον εἰπεῖν ἔχομεν, ὦ ἄνδρες.
19. My father received a dowry when he engaged himself to my mother and married her, but, while these men were enjoying the estate, he had no means of obtaining its restitution; for when, at my mother's instance, he raised the question, they threatened that they themselves would obtain the adjudication of her hand and marry her, if he were not satisfied to keep her with only a dowry. Now my father would have allowed them to enjoy an estate of even double the value so as not to be deprived of her.
19. ὁ γὰρ πατὴρ οὑμὸς ἐπὶ προικὶ ἐγγυησάμενος τὴν ἐμὴν μητέρα συνῴκει, τὸν δὲ κλῆρον τούτων καρπουμένων οὐκ εἶχεν ὅπως εἰσπράξαιτο· ὅτε γὰρ περὶ αὐτοῦ λόγους ἐποιήσατο τῆς μητρὸς κελευούσης, οὗτοι ταῦτα αὐτῷ ἠπείλησαν, αὐτοὶ ἐπιδικασάμενοι αὐτὴν ἕξειν, εἰ μὴ βούλοιτο αὐτὸς ἐπὶ προικὶ ἔχειν. ὁ δὲ πατήρ, ὥστε τῆς μητρὸς μὴ στερηθῆναι, καὶ δὶς τοσαῦτα χρήματα εἴασεν ἂν αὐτοὺς καρποῦσθαι.
20. That is why my father never brought a suit for the estate. Then came the Corinthian war, in which my father and I were obliged to serve, so that neither of us could have obtained justice. When peace was restored, I had unfortunate difficulties with the public treasury, so that it was not easy for me to contend with my opponents. Thus we have good reasons for our conduct in the matter.
20. καὶ τοῦ μὲν τὸν πατέρα μὴ ἐπεξελθεῖν ὑπὲρ τούτων τοῦτό ἐστι τὸ αἴτιον· μετὰ δὲ ταῦτα ὁ Κορινθιακὸς πόλεμος ἐγένετο, ἐν ᾧ ἐγὼ κἀκεῖνος στρατεύεσθαι ἠναγκαζόμεθα, ὥστε οὐδετέρῳ ἂν ἡμῶν δίκην ἐξεγένετο λαβεῖν. εἰρήνης τʼ αὖ γενομένης ἐμοί τι ἀτύχημα πρὸς τὸ δημόσιον συνέβη, ὥστε μὴ ῥᾴδιον εἶναι πρὸς τούτους διαφέρεσθαι. ὥστε οὐ μικρὰς ἔχομεν αἰτίας περὶ τοῦ πράγματος.
21. But the time has now come when it is only right that my opponent should declare who it was that gave him the estate, and what laws justify his introduction in the ward, and why it is that my mother was not heiress to this fortune. These are the points on which you must give your verdict, not as to whether we are late in demanding what is our own. If they cannot explain these points, you would be justified in deciding that the estate is mine.
21. ἀλλὰ νυνὶ δίκαιον εἰπεῖν ἐστιν, ὦ ἄνδρες, τίνος δόντος [ἔχει] τὸν κλῆρον, κατὰ ποίους νόμους εἰς τοὺς φράτορας εἰσῆκται, καὶ πῶς οὐκ ἐπίκληρος ἦν ἐπὶ τούτοις τοῖς χρήμασιν ἡ ἐμὴ μήτηρ. ταῦτα γάρ ἐστι περὶ ὧν ὑμᾶς δεῖ τὴν ψῆφον ἐνεγκεῖν, οὐκ εἰ χρόνῳ τι ὕστερον ἡμεῖς τῶν ἡμετέρων εἰσπραττόμεθα. μὴ δυνηθέντων δὲ ἐπιδεῖξαι, δικαίως ἂν ἐμὸν αὐτὸν εἶναι ψηφίσαισθε.
22. I am sure they will not be able to do so; for it is difficult to argue against law and justice. But they will talk about the deceased, saying how sad it is that so brave a man has fallen in battle and declaring that it is unjust to set aside his will. I myself, gentlemen, am of opinion that any will which a man may make about his own property ought to be valid, but that wills which concern other people's property ought not to have the same validity as those in which a man disposes of what is his own. Now this property is clearly not theirs but ours;
22. τοῦτο μὲν οἶδʼ ὅτι ποιεῖν οὐχ οἷοί τʼ ἔσονται· χαλεπὸν γὰρ πρὸς νόμους καὶ δίκαιον πρᾶγμα ἀντιλέγειν ἐστί· περὶ δὲ τοῦ τεθνεῶτος λέξουσιν, ἐλεοῦντες ὡς ἀνὴρ ὢν ἀγαθὸς ἐν τῷ πολέμῳ τέθνηκε, καὶ ὅτι οὐ δίκαιόν ἐστι τὰς ἐκείνου διαθήκας ἀκύρους καθιστάναι. ἐγὼ δὲ καὶ αὐτός, ὦ ἄνδρες, οἶμαι δεῖν κυρίας εἶναι τὰς διαθήκας, ἃς 〈ἂν〉 ἕκαστος διαθῆται περὶ τῶν ἑαυτοῦ, περὶ μέντοι τῶν ἀλλοτρίων οὐ κυρίας εἶναι τὰς διαθήκας, ὥσπερ ἃς ἂν ἕκαστος περὶ τῶν αὑτοῦ διαθῆται.
23. and so, if he takes refuge in this argument and produces witnesses to testify that Aristarchus (I.) made a will, you must order him to prove also that what he devised was his own. This is only just, for it would be a most terrible state of affairs if Cyronides and my opponents, his children, are not only to possess the fortune of Xenaenetus (I.) of the value of more than four talents, but are also to receive this estate, while I, though my mother was the rightful owner and I am descended from the same ancestors as Cyronides, am not to receive even my mother's estate, especially as these men cannot indicate the person through whom it has been transmitted to them.
23. ταῦτα δὲ οὐ τούτων ὄντα ἀλλʼ ἡμέτερα φαίνεται. ὥστε ἂν ἐπὶ τοῦτον τὸν λόγον καταφεύγῃ καὶ μάρτυρας παρέχηται ὡς διέθετο ἐκεῖνος, ἐπιδεικνύναι κελεύετε καὶ ὡς τὰ ἑαυτοῦ. τοῦτο γὰρ δίκαιόν ἐστι. δεινότατα γὰρ 〈ἂν〉 πάντων γένοιτο, εἰ Κυρωνίδης μὲν καὶ οὗτοι, ὄντες ἐξ ἐκείνου, μὴ μόνον τὸν Ξεναινέτου οἶκον πλέον ἢ τεττάρων ταλάντων ἕξουσιν, ἀλλὰ καὶ τόνδε προσλήψονται, ἐγὼ δὲ τῆς μητρὸς οὔσης κυρίας καὶ ἐκ τῶν αὐτῶν Κυρωνίδῃ γεγενημένος εἰ μηδὲ τὸν τῆς μητρὸς κλῆρον λήψομαι, καὶ ταῦτα μηδὲ ἐχόντων τούτων ἐπενεγκεῖν παρʼ ὅτου ποτʼ εἰλήφασι.
24. Yet in all justice, just as the holder of a disputed piece of land must produce the mortgagee or vendor, or else prove that he has had it adjudicated to him by the court, so ought these men to set forth their titles in detail and claim to have the estate adjudicated to them, instead of ejecting my mother, the daughter of Aristarchus (I.), from her paternal inheritance before any suit has been heard.
24. καίτοι δίκαιον, ὦ ἄνδρες, ὥσπερ τῶν ἀμφισβητησίμων χωρίων δεῖ τὸν ἔχοντα ἢ θέτην ἢ πρατῆρα παρέχεσθαι ἢ καταδεδικασμένον φαίνεσθαι, οὕτω καὶ τούτους καθʼ ἕν τι τούτων ἀποφήναντας αὐτοῦ ἀξιοῦν ἐπιδικάζεσθαι, μὴ πρὸ δίκης τὴν Ἀριστάρχου θυγατέρα, ἐμὴν δὲ μητέρα, ἐκ τῶν πατρῴων ἐκβάλλειν.
25. But no doubt, gentlemen, it is not enough for Xenaenetus (II.) to have dissipated the fortune of Aristomenes in unnatural debauchery; he thinks that he ought to dispose of this estate also in like manner. I, on the other hand, gentlemen, though my means are slender, bestowed my sisters in marriage, giving them what dowry I could; and as one who leads an orderly life and performs the duties assigned to him and serves in the army, I demand not to be deprived of my mother's paternal estate.
25. ἀλλὰ γάρ, ὦ ἄνδρες, οὐχ ἱκανόν ἐστι Ξεναινέτῳ τὸν Ἀριστομένους οἶκον καταπεπαιδεραστηκέναι, ἀλλὰ καὶ τοῦτον οἴεται δεῖν τὸν αὐτὸν τρόπον διαθεῖναι. ἐγὼ δʼ, ὦ ἄνδρες δικασταί, βραχείας οὐσίας ὑπαρξάσης ἀδελφὰς μὲν ἐξέδωκα, ὅσα ἐδυνάμην ἐπιδούς, κόσμιον δʼ ἐμαυτὸν παρέχων καὶ ποιῶν τὰ προσταττόμενα καὶ τὰς στρατείας στρατευόμενος ἀξιῶ τῶν τῆς μητρὸς πατρῴων μὴ ἀποστερηθῆναι.
26. I have proved to you that Cyronides, the father of my opponents, was adopted into another family and did not return to his father's house; that the father of Cyronides and of my mother left this estate to Demochares; that Demochares died in his minority, and that it was upon my mother that this estate then devolved.
26. ἀπέδειξα δʼ ὑμῖν Κυρωνίδην μὲν τὸν τούτων πατέρα ἐκποίητον γενόμενον καὶ οὐκ ἐπανελθόντα εἰς τὸν πατρῷον οἶκον, τὸν δὲ πατέρα τὸν Κυρωνίδου καὶ τῆς ἐμῆς μητρὸς Δημοχάρει τῷ ὑῷ τοῦτον τὸν κλῆρον καταλιπόντα, ἐκεῖνον δὲ παῖδα ὄντα τελευτήσαντα καὶ εἰς τὴν ἐμὴν μητέρα τοῦτον τὸν κλῆρον ἐπιγιγνόμενον.