0. Argument Ciron having died without legitimate offspring, his nephew, the son of his brother, claimed his estate and took over the property from the widow. After this the speaker of the present oration indicts the nephew, alleging that he himself is a son of Ciron's daughter and that the wife of the deceased designedly handed over the estate to the nephew with the intention of giving him a part and appropriating the remainder. Such is the subject; the discussion turns on a question of fact, the point at issue being whether the claimant is a legitimate grandson of Ciron or not. A further question is also involved, namely, one of qualification: for the nephew argued that, even if we grant that his opponent's mother is a legitimate daughter of Ciron, since she is dead and it is her son who now claims, the nephew, the son of a brother, ought to have preference over a daughter's issue under the law which ordains that the descendants of males have precedence over those of females. The speaker with great skill completely ignores this law and bases his case upon the different qualifications of the parents, showing that, in as much as a daughter is nearer in kin to the deceased than a brother, so her son has a stronger claim than a brother's son. It is a strong case in equity but a weak case in law. The working out of the various topics is carried out with Isaeus's usual skill.
0. Ὑπόθεσις Κίρωνος ἄπαιδος γνησίων τελευτήσαντος παίδων ἀδελφιδοῦς τις αὐτοῦ κατὰ πατέρα ἀντιποιηθεὶς τοῦ κλήρου παρέλαβε τὴν οὐσίαν αὐτοῦ παρὰ τῆς γυναικός· καὶ μετὰ ταῦτα ὁ λέγων τὸν λόγον γράφεται τὸν ἀδελφιδοῦν, φάσκων θυγατριδοῦς εἶναι Κίρωνος, καὶ ὅτι ἡ γυνὴ τοῦ τετελευτηκότος ἑκοῦσα προέδωκε τὸν κλῆρον τῷ ἀδελφιδῷ, ἵνα μέρος δοῦσα αὐτῷ τὰ λοιπὰ κερδάνῃ. καὶ ἡ μὲν ὑπόθεσις αὕτη, ἡ στάσις δὲ στοχασμός· ζητεῖται γὰρ εἴτε θυγατριδοῦς ἐστιν οὗτος τοῦ Κίρωνος γνήσιος εἴτε οὔ. ἐπιπλέκεται δʼ αὐτῷ καὶ ἡ κατὰ ποιότητα ζήτησις. ὁ γὰρ ἀδελφιδοῦς ἠγωνίζετο, λέγων ὅτι εἰ καὶ δῶμεν ἐκείνην γνησίαν εἶναι θυγατέρα Κίρωνος, ἐπειδὴ ἐτελεύτησεν ἐκείνη, ὁ δʼ υἱὸς αὐτῆς ἀμφισβητεῖ νῦν, προτιμητέος ἐστὶν ὁ κατὰ πατέρα ἀδελφιδοῦς τοῦ ἀπὸ θυγατρὸς ἐκγόνου, κατὰ τὸν νόμον ἐκεῖνον, τὸν κελεύοντα προτιμᾶσθαι τοὺς ἀπὸ τῶν ἀρρένων τῶν ἀπὸ τῶν θηλειῶν. οὗτος γὰρ τεχνικώτατα πάνυ σιωπήσας τοῦτον τὸν νόμον, ἐκ τῆς τῶν τεκόντων διαφορᾶς ἀγωνίζεται, δεικνὺς ὅτι ὅσον θυγάτηρ ἀδελφοῦ οἰκειοτέρα τοῖς τελευτῶσι, τοσοῦτον ἔκγονος ἀδελφιδοῦ διαφέρει. ἔρρωται οὖν ἐνταῦθα τῷ δικαίῳ καὶ ἀσθενεῖ τῷ νομίμῳ· τὴν δὲ ἐργασίαν τῶν κεφαλαίων κατὰ τὴν οἰκείαν πάλιν ἐργάζεται δύναμιν.
1. It is impossible, gentlemen, not to feel indignation against men who not only have the impudence to claim the property of others but also hope by their arguments to abolish the rights which the laws confer; and this is what our opponents are now trying to do. For, though our grandfather Ciron did not die childless but has left us behind him, the sons of his legitimate daughter, yet our opponents claim the estate as next-of-kin and insult us by alleging that we are not the issue of his daughter, and indeed that he never had a daughter at all.
1. ἐπὶ τοῖς τοιούτοις, ὦ ἄνδρες, ἀνάγκη ἐστὶ χαλεπῶς φέρειν, ὅταν τινὲς μὴ μόνον τῶν ἀλλοτρίων ἀμφισβητεῖν τολμῶσιν, ἀλλὰ καὶ τὰ ἐκ τῶν νόμων δίκαια τοῖς σφετέροις αὐτῶν λόγοις ἀφανιεῖν ἐλπίζωσιν· ὅπερ καὶ νῦν οὗτοι ποιεῖν ἐγχειροῦσι. τοῦ γὰρ ἡμετέρου πάππου Κίρωνος οὐκ ἄπαιδος τελευτήσαντος, ἀλλʼ ἡμᾶς ἐκ θυγατρὸς αὑτοῦ γνησίας παῖδας αὑτῷ καταλελοιπότος, οὗτοί τοῦ τε κλήρου λαγχάνουσιν ὡς ἐγγυτάτω γένους ὄντες, ἡμᾶς τε ὑβρίζουσιν ὡς οὐκ ἐξ ἐκείνου θυγατρὸς ὄντας, οὐδὲ γενομένης αὐτῷ πώποτε τὸ παράπαν.
2. The reason of their acting thus is their avarice, and the high value of the estate which he has left behind him and which they have taken by force and still hold; and they have the impudence both to assert that he has left nothing and at the same time to lay claim to the estate.
2. αἴτιον δὲ τοῦ ταῦτα ποιεῖν αὐτούς ἐστιν ἡ τούτων πλεονεξία 〈καὶ〉 τὸ πλῆθος τῶν χρημάτων ὧν Κίρων μὲν καταλέλοιπεν, οὗτοι δʼ ἔχουσι βιασάμενοι καὶ κρατοῦσι· καὶ τολμῶσιν ἅμα μὲν λέγειν ὡς οὐδὲν καταλέλοιπεν ἐκεῖνος, ἅμα δὲ ποιεῖσθαι τοῦ κλήρου τὴν ἀμφισβήτησιν.
3. Now you must not imagine that my real opponent in this case is the man who has brought the suit claiming the estate; no, it is Diocles of Phlya, surnamed Orestes. He it is who has suborned our opponent to cause us trouble by trying to deprive us of the fortune which our grandfather left us at his death and exposing us to these dangers, in order that he may not have to give back any of it, if you listen to him and are misled by his words.
3. τὴν μὲν οὖν κρίσιν οὐ δεῖ μοι νομίζειν εἶναι ταύτην πρὸς τὸν εἰληχότα τοῦ κλήρου τὴν δίκην, ἀλλὰ πρὸς Διοκλέα τὸν Φλυέα, τὸν Ὀρέστην ἐπικαλούμενον· οὗτος γάρ ἐστιν ὁ τοῦτον παρασκευάσας πράγμαθʼ ἡμῖν παρέχειν, ἀποστερῶν τὰ χρήματα ἃ Κίρων ὁ πάππος ἀποθνῄσκων κατέλιπεν, ἡμῖν δὲ τούτους τοὺς κινδύνους ἐπάγων, ἵνα μηδὲν ἀποδιδῷ τούτων, ἐὰν ὑμεῖς ἐξαπατηθῆτε πεισθέντες ὑπὸ τῶν τούτου λόγων.
4. Such being their machinations, you must be informed of all the facts, in order that, being well aware of all that has happened, you may give your verdict with perfect knowledge of them. If, therefore, you have ever listened with scrupulous attention to any other case, I beg you to give like attention to this case, as indeed justice demands. Though lawsuits abound in our city, yet it will be shown that no parties have ever claimed the property of others with greater impudence and effrontery than my opponents.
4. δεῖ δὴ τούτων τοιαῦτα μηχανωμένων πάνθʼ ὑμᾶς τὰ πεπραγμένα μαθεῖν, ἵνα μηδὲν ἀγνοήσαντες τῶν γεγενημένων ἀλλὰ σαφῶς εἰδότες περὶ αὐτῶν, οὕτως ἐνέγκητε τὴν ψῆφον. εἴ τινι οὖν καὶ ἄλλῃ πώποτε δίκῃ προσέσχετε ἀκριβῶς τὸν νοῦν, δέομαι ὑμῶν καὶ ταύτῃ προσέχειν ὁμοίως, ὥσπερ καὶ τὸ δίκαιόν ἐστι. πολλῶν δὲ δικῶν ἐν τῇ πόλει γενομένων, οὐδένες ἀναιδέστερον τούτων οὐδὲ καταφανέστερον ἀντιποιησάμενοι φανήσονται τῶν ἀλλοτρίων.
5. It is a difficult task therefore, gentlemen, for one who is wholly without experience of litigation, when such important interests are at stake, to contend against fabricated stories and witnesses whose evidence is false; yet I have great hopes that I shall obtain my rights from you, and that I shall myself speak sufficiently well at least to state what those rights are, unless some such chance should befall me as it is now my lot to anticipate. I beg you, therefore, gentlemen, to listen to me with goodwill, and, if I seem to have been wronged, to aid me to obtain my rights.
5. ἔστι μὲν οὖν χαλεπόν, ὦ ἄνδρες, πρὸς παρασκευὰς λόγων καὶ μάρτυρας οὐ τἀληθῆ μαρτυροῦντας εἰς ἀγῶνα καθίστασθαι περὶ τηλικούτων, παντάπασιν ἀπείρως ἔχοντα δικαστηρίων· οὐ μὴν ἀλλὰ πολλὰς ἐλπίδας ἔχω καὶ παρʼ ὑμῶν τεύξεσθαι τῶν δικαίων καὶ μέχρι γε τοῦ τὰ δίκαια εἰπεῖν καὶ αὐτὸς ἀρκούντως ἐρεῖν, ἂν μή τι συμβῇ τοιοῦτον ὃ νῦν ὑπʼ ἐμοῦ τυγχάνει προσδοκώμενον. δέομαι οὖν ὑμῶν, ὦ ἄνδρες, μετʼ εὐνοίας τέ μου ἀκοῦσαι, κἂν ἠδικῆσθαι δοκῶ, βοηθῆσαί μοι τὰ δίκαια.
6. First, then, I shall prove to you that my mother was Ciron's legitimate daughter; for events which have happened long ago I shall rely on report and statements which have been heard by witnesses, while for events within living memory I shall employ witnesses who know the facts, and proofs which are better than any evidence. When I have established this, I shall then show that we have a better claim to Ciron's estate than our opponents. Starting, therefore, from the point at which they began their narrative of the events, I, too, shall try and put my version before you.
6. πρῶτον μὲν οὖν, ὡς ἦν ἡ μήτηρ ἡ ʼμὴ Κίρωνος θυγάτηρ γνησία, ἐπιδείξω τοῦτο ὑμῖν, τὰ μὲν πάλαι γεγενημένα λόγων ἀκοῇ καὶ μαρτύρων, τὰ δʼ ὥστε καὶ μνημονεύεσθαι, τοῖς εἰδόσι χρώμενος μάρτυσιν, ἔτι δὲ τεκμηρίοις ἃ κρείττω τῶν μαρτυριῶν ἐστιν· ἐπειδὰν δὲ ταῦτα φανερὰ καταστήσω, τόθʼ ὡς καὶ κληρονομεῖν μᾶλλον ἡμῖν ἢ τούτοις προσήκει τῶν Κίρωνος χρημάτων. ὅθεν οὖν ἤρξαντο περὶ αὐτῶν, ἐντεῦθεν ὑμᾶς κἀγὼ πειράσομαι διδάσκειν.
7. My grandfather Ciron, gentlemen, married my grandmother, his first cousin, herself the daughter of his own mother's sister. She did not live long with him; she bore my mother, and died after four years. My grandfather, being left with an only daughter, married the sister of DiocIes as his second wife, who bore him two sons. He brought up his daughter in the house with his wife and her children, and while the latter were still alive, he gave her in marriage, when she reached the proper age, to Nausimenes of Cholargus, giving her a dowry of twenty-five minae including raiment and jewelry.
7. ὁ γὰρ πάππος ὁ ἐμός, ὦ ἄνδρες, Κίρων ἔγημε τὴν ἐμὴν τήθην οὖσαν ἀνεψιάν, ἐξ ἀδελφῆς τῆς αὑτοῦ μητρὸς αὐτὴν γεγενημένην. ἐκείνη μὲν οὖν συνοικήσασα οὐ πολὺν χρόνον, τεκοῦσα αὐτῷ τὴν ἐμὴν μητέρα, μετὰ ἐνιαυτοὺς τέτταρας τὸν βίον ἐτελεύτησεν· ὁ δὲ πάππος μιᾶς μόνης οὔσης αὐτῷ θυγατρὸς λαμβάνει πάλιν τὴν Διοκλέους ἀδελφήν, ἐξ ἧς αὐτῷ ἐγιγνέσθην ὑεῖς δύο. καὶ ἐκείνην τε ἔτρεφε παρὰ τῇ γυναικὶ καὶ μετὰ τῶν ἐξ ἐκείνης παίδων, ἐκείνων τε ἔτι ζώντων, ἐπεὶ συνοικεῖν εἶχεν ἡλικίαν, ἐκδίδωσιν αὐτὴν Ναυσιμένει Χολαργεῖ, σὺν ἱματίοις καὶ χρυσίοις πέντε καὶ εἴκοσι μνᾶς ἐπιδούς.
8. Three or four years later Nausimenes fell ill and died without leaving any issue by our mother. My grandfather received her back again—without, however, recovering the dowry which he had given, owing to the embarrassed condition of Nausimenes' affairs—and gave her in a second marriage to my father with a dowry of one thousand drachmae.
8. κἀκεῖνος μὲν τρισὶν ἢ τέτταρσιν ἔτεσι μετὰ ταῦτα καμὼν ἀποθνῄσκει, πρὶν αὐτῷ γενέσθαι παῖδας ἐκ τῆς ἡμετέρας μητρός· ὁ δὲ πάππος κομισάμενος αὐτήν, καὶ τὴν προῖκα οὐκ ἀπολαβὼν ὅσην ἔδωκε διὰ τὴν Ναυσιμένους ἀπορίαν τῶν πραγμάτων, πάλιν ἐκδίδωσι τῷ ἐμῷ πατρὶ καὶ χιλίας δραχμὰς προῖκʼ ἐπιδίδωσι.
9. How is one to prove clearly that all these events occurred in face of the imputations which our opponents are now uttering? I sought and discovered a way. Whether my mother was or was not the daughter of Ciron, whether she lived in his house or not, whether he did or did not on two occasions give a feast in honor of her marriage, and what dowry each of her husbands received with her—all these things must necessarily be known to the male and female slaves who belonged to Ciron.
9. ταυτὶ δὴ πάντα πρὸς τὰς αἰτίας, ἃς νῦν οὗτοι λέγουσι, πῶς ἄν τις δείξειε γεγενημένα φανερῶς; ἐγὼ ζητῶν ἐξεῦρον. ἀνάγκη τὴν ἐμὴν μητέρα, εἴτε θυγάτηρ ἦν Κίρωνος εἴτε μή, καὶ εἰ παρʼ ἐκείνῳ διῃτᾶτο ἢ οὔ, καὶ γάμους εἰ διττοὺς ὑπὲρ ταύτης εἱστίασεν ἢ μή, καὶ προῖκα ἥντινα ἑκάτερος ἐπʼ αὐτῇ τῶν γημάντων ἔλαβε, πάντα ταῦτα εἰδέναι τοὺς οἰκέτας καὶ τὰς θεραπαίνας ἃς ἐκεῖνος ἐκέκτητο.
10. Wishing, therefore, in addition to the witnesses which I already had, to obtain proof of these facts by evidence given under torture —in order that the veracity of my witnesses might be tested before, and not after, they gave their evidence, and so your belief in them might be confirmed —I demanded that our opponents should surrender the male and female slaves to be put to the question on these points and any others of which they had cognizance.
10. βουλόμενος οὖν πρὸς τοῖς ὑπάρχουσι μάρτυσιν ἔλεγχον ἐκ βασάνων ποιήσασθαι περὶ αὐτῶν, ἵνα μᾶλλον αὐτοῖς πιστεύητε μὴ μέλλουσι δώσειν ἔλεγχον ἀλλʼ ἤδη δεδωκόσι περὶ ὧν μαρτυροῦσι, τούτους ἠξίουν ἐκδοῦναι τὰς θεραπαίνας καὶ τοὺς οἰκέτας περί τε τούτων καὶ περὶ τῶν ἄλλων ἁπάντων ὅσα τυγχάνουσι συνειδότες.
11. My adversary, however, who will presently demand that you shall believe his witnesses, refused the examination under torture. Yet, if he shall be shown to have refused my request, what remains to be thought of his witnesses except that they are giving false evidence, since he has refused so decisive a method of testing them? In my opinion no other conclusion is possible. But to prove that what am saying is true, please first take and read this deposition.
11. οὗτος δʼ ὁ νῦν ὑμᾶς ἀξιώσων τοῖς αὑτοῦ μάρτυσι πιστεύειν ἔφυγε τὴν βάσανον. καίτοι εἰ φανήσεται ταῦτα ποιῆσαι μὴ θελήσας, τί ὑπολείπεται τοῖς ἐκείνου μάρτυσιν ἢ δοκεῖν νυνὶ τὰ ψευδῆ μαρτυρεῖν, τούτου τηλικοῦτον ἔλεγχον πεφευγότος; ἐγὼ μὲν οἶμαι οὐδέν. ἀλλὰ μὴν ὡς ἀληθῆ λέγω, λαβέ μοι πρῶτον ταύτην τὴν μαρτυρίαν καὶ ἀνάγνωθι.
12. Deposition You Athenians hold the opinion that both in public and in private matters examination under torture is the most searching test; and so, when you have slaves and free men before you and it is necessary that some contested point should be cleared up, you do not employ the evidence of free men but seek to establish the truth about the facts by putting the slaves to torture. This is a perfectly reasonable course; for you are well aware that before now witnesses have appeared not to be giving true evidence, whereas no one who has been examined under torture has ever been convicted of giving false evidence as the result of being tortured.
12. Μαρτυρία ὑμεῖς μὲν τοίνυν καὶ ἰδίᾳ καὶ δημοσίᾳ βάσανον ἀκριβέστατον ἔλεγχον νομίζετε· καὶ ὁπόταν δοῦλοι καὶ ἐλεύθεροι παραγένωνται καὶ δέῃ εὑρεθῆναί τι τῶν ζητουμένων, οὐ χρῆσθε ταῖς τῶν ἐλευθέρων μαρτυρίαις, ἀλλὰ τοὺς δούλους βασανίζοντες, οὕτω ζητεῖτε εὑρεῖν τὴν ἀλήθειαν τῶν γεγενημένων. εἰκότως, ὦ ἄνδρες· σύνιστε γὰρ ὅτι τῶν μὲν μαρτυρησάντων ἤδη τινὲς ἔδοξαν οὐ τἀληθῆ μαρτυρῆσαι, τῶν δὲ βασανισθέντων οὐδένες πώποτε ἐξηλέγχθησαν ὡς οὐκ ἀληθῆ ἐκ τῶν βασάνων εἰπόντες.
13. And will my opponent, the most impudent of men, demand that you shall believe his fictitious stories and lying witnesses, while he thus declines so sure a method of proof? Our conduct has been quite different. Seeing that we first demanded that recourse should be had to examination under torture on the points about which evidence was to be given, and my opponent refuses to allow this, under these conditions we shall consider that you ought to believe our witnesses. Take, therefore, these depositions and read them to the court.
13. οὗτος δʼ ὁ πάντων ἀναισχυντότατος ἀνθρώπων λόγοις πεπλασμένοις καὶ μάρτυσιν οὐ τἀληθῆ μαρτυροῦσιν ἀξιώσει πιστεύειν ὑμᾶς, φεύγων οὕτως ἀκριβεῖς ἐλέγχους; ἀλλʼ οὐχ ἡμεῖς, ἀλλὰ πρότερον ὑπὲρ τῶν μαρτυρηθήσεσθαι μελλόντων ἀξιώσαντες εἰς βασάνους ἐλθεῖν, τούτου δὲ φεύγοντος, οὕτως οἰησόμεθα δεῖν ὑμᾶς τοῖς ἡμετέροις μάρτυσι πιστεύειν. λαβὲ οὖν αὐτοῖς ταυτασὶ τὰς μαρτυρίας καὶ ἀνάγνωθι.
14. Depositions Who are likely to be best acquainted with the events of the distant past? Obviously those who were intimate with my grandfather; they, then, have given evidence of what was told them. Who must necessarily know the facts about the giving of my mother in marriage? Those who betrothed her and those who were present when they betrothed her; the relatives, then, of Nausimenes and of my father have given their evidence. Who know best that my mother was brought up in Ciron's house and was his legitimate daughter? The present claimants clearly give evidence of the truth of these facts by their action in declining to put the slaves to torture. Thus, I think, you have much better reason for disbelieving their witnesses than mine.
14. Μαρτυρίαι τίνας εἰκὸς εἰδέναι τὰ παλαιά; δῆλον ὅτι τοὺς χρωμένους τῷ πάππῳ. μεμαρτυρήκασι τοίνυν ἀκοὴν οὗτοι. τίνας εἰδέναι τὰ περὶ τὴν ἔκδοσιν τῆς μητρὸς ἀνάγκη; τοὺς ἐγγυησαμένους καὶ τοὺς ἐκείνοις παρόντας ὅτε ἠγγυῶντο. μεμαρτυρήκασι τοίνυν οἵ τε Ναυσιμένους προσήκοντες καὶ οἱ τοῦ ἐμοῦ πατρός. τίνες δὲ οἱ τρεφομένην ἔνδον καὶ θυγατέρα οὖσαν εἰδότες γνησίαν Κίρωνος; οἱ νῦν ἀμφισβητοῦντες ἔργῳ φανερῶς μαρτυροῦσιν ὅτι ταῦτʼ ἐστὶν ἀληθῆ, φεύγοντες τὴν βάσανον. ὥστε οὐ δήπου τοῖς ἡμετέροις ἂν ἀπιστήσαιτε εἰκότως, ἀλλὰ πολὺ μᾶλλον τοῖς τούτων μάρτυσιν.
15. Now there are other proofs which we can bring forward to show that we are the children of Ciron's daughter. For, as was natural, seeing that we were the sons of his own daughter, Ciron never offered a sacrifice without our presence; whether he was performing a great or small sacrifice, we were always there and took part in the ceremony. And not only were we invited to such rites but he also always took us into the country for the Dionysia, and we always went with him to public spectacles and sat at his side, and we went to his house to keep all the festivals; and when he sacrificed to Zeus Ctesius —a festival to which he attached a special importance, to which he admitted neither slaves nor free men outside his own family, at which he personally performed all the rites—we participated in this celebration and laid our hands with his upon the victims and placed our offerings side by side with his, and took part in all the other rites, and he prayed for our health and wealth, as he naturally would, being our grandfather.
15. ἡμεῖς τοίνυν καὶ ἄλλα τεκμήρια πρὸς τούτοις ἔχομεν εἰπεῖν, [ἵνα γνώσεσθε] ὅτι ἐκ θυγατρὸς ἡμεῖς Κίρωνός ἐσμεν. οἷα γὰρ εἰκὸς παίδων ὄντων ἐξ ἑαυτοῦ θυγατρός, οὐδεπώποτε θυσίαν ἄνευ ἡμῶν οὐδεμίαν ἐποίησεν, ἀλλʼ εἴ τε μικρὰ εἴ τε μεγάλα θύοι, πανταχοῦ παρῆμεν ἡμεῖς καὶ συνεθύομεν. καὶ οὐ μόνον εἰς τὰ τοιαῦτα παρεκαλούμεθα, ἀλλὰ καὶ εἰς Διονύσια εἰς ἀγρὸν ἦγεν ἀεὶ ἡμᾶς, καὶ μετʼ ἐκείνου τε ἐθεωροῦμεν καθήμενοι παρʼ αὐτόν, καὶ τὰς ἑορτὰς ἤγομεν παρʼ ἐκεῖνον πάσας· τῷ Διί τε θύων τῷ Κτησίῳ, περὶ ἣν μάλιστʼ ἐκεῖνος θυσίαν ἐσπούδαζε καὶ οὔτε δούλους προσῆγεν οὔτε ἐλευθέρους ὀθνείους, ἀλλʼ αὐτὸς διʼ ἑαυτοῦ πάντʼ ἐποίει, ταύτης ἡμεῖς ἐκοινωνοῦμεν καὶ τὰ ἱερὰ συνεχειρουργοῦμεν καὶ συνεπετίθεμεν καὶ τἆλλα συνεποιοῦμεν, καὶ ηὔχετο ἡμῖν ὑγίειαν διδόναι καὶ κτῆσιν ἀγαθήν, ὥσπερ εἰκὸς ὄντα πάππον.
17. Yet if he had not regarded us as his daughter's children and seen in us his only surviving lineal descendants, he would have done none of these things but would have placed at his side my opponent, who now claims to be his nephew. And that I am telling the truth on all these points is well known to my grandfather's attendants, whom my opponent refused to give up to be questioned; the same facts are perfectly well known to some of his intimate friends also, whose evidence I will produce. Please take and read the depositions.
17. καίτοι εἰ μὴ θυγατριδοῦς ἡμᾶς ἐνόμιζεν εἶναι καὶ μόνους ἐκγόνους ἑώρα λοιποὺς καταλελειμμένους αὑτῷ, οὐκ ἄν ποτε ἐποίει τούτων οὐδέν, ἀλλὰ τόνδʼ ἂν αὑτῷ παρίστατο, ὃς ἀδελφιδοῦς αὐτοῦ νῦν εἶναι φησί. καὶ ταῦθʼ ὅτι ἀληθῆ πάντʼ ἐστίν, ἀκριβέστατα μὲν οἱ τοῦ πάππου θεράποντες ἴσασιν, οὓς οὗτος παραδοῦναι εἰς βάσανον οὐκ ἠθέλησεν, ἴσασι δὲ περιφανέστατα καὶ τῶν ἐκείνῳ χρωμένων τινές, οὓς παρέξομαι μάρτυρας. καί μοι λαβὲ τὰς μαρτυρίας καὶ ἀνάγνωθι.
18. Depositions But it is not only from these proofs that our mother is clearly shown to be the legitimate daughter of Ciron; but there is also the evidence of our father's conduct and the attitude adopted by the wives of his fellow-demesmen towards her. When our father took her in marriage, he gave a wedding-feast and invited three of his friends as well as his relatives, and he gave a marriage-banquet to the members of his ward according to their statutes.
18. Μαρτυρίαι οὐ τοίνυν ἐκ τούτων δῆλόν ἐστι μόνον ὅτι ἦν ἡμῶν ἡ μήτηρ θυγάτηρ γνησία Κίρωνος, ἀλλὰ καὶ ἐξ ὧν ὁ πατὴρ ἡμῶν ἔπραξε καὶ ἐξ ὧν αἱ γυναῖκες αἱ τῶν δημοτῶν περὶ αὐτῆς ἐγίγνωσκον. ὅτε γὰρ ὁ πατὴρ αὐτὴν ἐλάμβανε, γάμους εἱστίασε καὶ ἐκάλεσε τρεῖς αὑτοῦ φίλους μετὰ τῶν αὑτοῦ προσηκόντων, τοῖς τε φράτορσι γαμηλίαν εἰσήνεγκε κατὰ τοὺς ἐκείνων νόμους.
19. Also the wives of the demesmen afterwards chose our mother, together with the wife of Diocles of Pithus, to preside at the Thesmophoria and to carry out the ceremonies jointly with her. Again, our father at our birth introduced us to the members of his ward, having declared on oath, in accordance with the established laws, that he was introducing the children of an Athenian mother duly married; and none of the wardsmen made any objection or disputed the truth of his statements, though they were present in large numbers and always look carefully into such matters.
19. αἵ τε γυναῖκες αἱ τῶν δημοτῶν μετὰ ταῦτα προὔκριναν αὐτὴν μετὰ τῆς Διοκλέους γυναικὸς τοῦ Πιθέως ἄρχειν εἰς τὰ Θεσμοφόρια καὶ ποιεῖν τὰ νομιζόμενα μετʼ ἐκείνης. ὅ τε πατὴρ ἡμῶν, ἐπειδὴ ἐγενόμεθα, εἰς τοὺς φράτορας ἡμᾶς εἰσήγαγεν, ὀμόσας κατὰ τοὺς νόμους τοὺς κειμένους ἦ μὴν ἐξ ἀστῆς καὶ ἐγγυητῆς γυναικὸς εἰσάγειν· τῶν δὲ φρατόρων οὐδεὶς ἀντεῖπεν οὐδʼ ἠμφισβήτησε μὴ οὐκ ἀληθῆ ταῦτʼ εἶναι, πολλῶν ὄντων καὶ ἀκριβῶς τὰ τοιαῦτα σκοπουμένων.
20. Yet do not for a moment suppose, that, if our mother had been such as our opponents allege, our father would have either given a wedding-feast or provided a marriage-banquet and not rather hushed up the whole matter; or that the wives of the other demesmen would have chosen her to celebrate the festival with the wife of Diocles and given the sacred objects into her hands and not rather entrusted this office to some other woman; or that the wardsmen would have admitted us and not rather objected and justified their objection, if it had not been universally admitted that our mother was a legitimate daughter of Ciron. As it was, owing to the notoriety of the fact and its recognition by so many persons, no such question was raised from any quarter. Now call the witnesses to prove the truth of these statements.
20. καίτοι μὴ οἴεσθʼ ἄν, εἰ τοιαύτη τις ἦν ἡ μήτηρ ἡμῶν οἵαν οὗτοί φασι, μήτʼ ἂν τὸν πατέρα ἡμῶν γάμους ἑστιᾶν καὶ γαμηλίαν εἰσενεγκεῖν, ἀλλὰ ἀποκρύψασθαι ταῦτα πάντα, μήτε τὰς τῶν ἄλλων δημοτῶν γυναῖκας αἱρεῖσθαι ἂν αὐτὴν συνιεροποιεῖν τῇ Διοκλέους γυναικὶ καὶ κυρίαν ποιεῖν ἱερῶν, ἀλλʼ ἑτέρᾳ ἄν τινι περὶ τούτων ἐπιτρέπειν, μήτε τοὺς φράτορας εἰσδέχεσθαι ἡμᾶς, ἀλλὰ κατηγορεῖν καὶ ἐξελέγχειν, εἰ μὴ πάντοθεν ἦν ὁμολογούμενον τὴν μητέρα ἡμῶν εἶναι θυγατέρα γνησίαν Κίρωνος. νῦν δὲ τῇ περιφανείᾳ τοῦ πράγματος καὶ τῷ συνειδέναι ταῦτα πολλοὺς οὐδαμόθεν ἠμφισβητήθη τοιοῦτον οὐδέν. καὶ ταῦθʼ ὡς ἀληθῆ λέγω, κάλει τούτων τοὺς μάρτυρας.
21. Witnesses Furthermore, gentlemen, the conduct of Diocles on the occasion of our grandfather's death clearly shows that we were acknowledged as the grandchildren of Ciron. I presented myself, accompanied by one of my relatives, a cousin of my father, to convey away the body with the intention of conducting the funeral from my own house. I did not find Diocles in the house, and I entered and was prepared to remove the body, having bearers with me for this purpose.
21. Μάρτυρες ἔτι τοίνυν, ὦ ἄνδρες, καὶ ἐξ ὧν ὁ Διοκλῆς ἔπραξεν ὅτε ἡμῶν ὁ πάππος ἐτελεύτησε, γνῶναι ῥᾴδιον ὅτι ὡμολογούμεθα εἶναι θυγατριδοῖ Κίρωνος. ἧκον γὰρ ἐγὼ κομιούμενος αὐτὸν ὡς θάψων ἐκ τῆς οἰκίας τῆς ἐμαυτοῦ, τῶν ἐμαυτοῦ οἰκείων τινὰ ἔχων, ἀνεψιὸν τοῦ πατρός· καὶ Διοκλέα μὲν οὐ κατέλαβον ἔνδον, εἰσελθὼν δὲ εἴσω κομίζειν οἷος ἦν, ἔχων τοὺς οἴσοντας.
22. When, however, my grandfather's widow requested that the funeral should take place from that house, and declared that she would like herself to help us to lay out and deck the corpse, and entreated me and wept, I acceded to her request and went to my opponent and told him in the presence of witnesses that I would conduct the funeral from the house of the deceased, since Diocles' sister had begged me to do so.
22. δεομένης δὲ τῆς τοῦ πάππου γυναικὸς ἐκ τῆς οἰκίας αὐτὸν ἐκείνης θάπτειν, καὶ λεγούσης ὅτι βούλοιτʼ ἂν αὐτὴ τὸ σῶμα τὸ ἐκείνου συμμεταχειρίζεσθαι μεθʼ ἡμῶν καὶ κοσμῆσαι, καὶ ταῦτα ἱκετευούσης καὶ κλαιούσης, ἐπείσθην, ὦ ἄνδρες, καὶ τούτῳ προσελθὼν μαρτύρων ἐναντίον εἶπον ὅτι ἐντεῦθεν ποιήσομαι τὴν ταφήν· δεδεημένη γὰρ εἴη ταῦτα ποιεῖν ἡ τούτου ἀδελφή.
23. Diocles, on hearing this, made no objection, but asserting that he had actually bought some of the requisites for the funeral and had himself paid a deposit for the rest, demanded that I should pay him for these, and arranged to recover from me the cost of the objects which he had purchased and to produce those who had received the deposit for the objects for which he alleged that he had paid a deposit. Immediately afterwards he casually remarked that Ciron had left nothing at all, although I had not said a single word about his money.
23. καὶ ταῦτα Διοκλῆς ἀκούσας οὐδὲν ἀντεῖπεν, ἀλλὰ καὶ ἐωνῆσθαί τι τῶν εἰς τὴν ταφήν, τῶν δὲ ἀρραβῶνα δεδωκέναι αὐτὸς φάσκων, ταῦτα ἠξίου παρʼ ἐμοῦ λαβεῖν, καὶ διωμολογήσατο τῶν μὲν ἠγορασμένων τιμὴν ἀπολαβεῖν, ὧν δὲ ἀρραβῶνα ἔφασκε δεδωκέναι, συστῆσαι τοὺς λαβόντας. εὐθὺς οὖν τοῦτο παρεφθέγγετο, ὡς οὐδʼ ὁτιοῦν εἴη Κίρων καταλελοιπώς, οὐδένα λόγον ἐμοῦ πω ποιουμένου περὶ τῶν ἐκείνου χρημάτων.
24. Yet had I not been Ciron's grandson, he would never have made these arrangements with me, but would rather have said, “Who are you? What right have you to carry out the burial? I do not know you: you shall not set foot in the house.” This is what he ought to have said, and what he has now instigated others to say. As it was, he said nothing of the kind, but only told me to bring the money next morning. And to prove the truth of these statements, please summon the witnesses.
24. καίτοι εἰ μὴ ἦν θυγατριδοῦς Κίρωνος, οὐκ ἂν ταῦτα διωμολογεῖτο, ἀλλʼ ἐκείνους ἂν τοὺς λόγους ἔλεγε “σὺ δὲ τίς εἶ; σοὶ δὲ τί προσήκει θάπτειν; οὐ γιγνώσκω σε· οὐ μὴ εἴσει εἰς τὴν οἰκίαν.” ταῦτʼ εἰπεῖν προσῆκεν, ἅ περ νῦν ἑτέρους πέπεικε λέγειν. νῦν δὲ τοιοῦτον μὲν οὐδὲν εἶπεν, εἰς ἕω δὲ τἀργύριον ἐκέλευεν εἰσενεγκεῖν. καὶ ταῦτα ὡς ἀληθῆ λέγω, κάλει μοι τούτων τοὺς μάρτυρας.
25. Witnesses Diocles was not the only person who made no such objections at the time; the present claimant to the estate was also silent and is now making his claim because he has been suborned by Diocles. Though Diocles refused to accept the money which I brought and alleged next day that he had received payment from my opponent, yet I was not prevented from attending the burial but joined in all the ceremonies, the expenses of the funeral, so far from being paid by my opponent or Diocles, being defrayed from the property left by the deceased.
25. Μάρτυρες οὐ τοίνυν ἐκεῖνος μόνος, ἀλλʼ οὐδὲ ὁ νῦν ἀμφισβητῶν τοῦ κλήρου τοιοῦτον εἶπεν οὐδέν, ἀλλʼ ὑπὸ τούτου παρασκευασθεὶς ἀμφισβητεῖ. κἀκείνου τὸ μὲν παρʼ ἐμοῦ κομισθὲν ἀργύριον οὐκ ἐθελήσαντος ἀπολαβεῖν, παρὰ τούτου δʼ ἀπειληφέναι τῇ ὑστεραίᾳ φάσκοντος, οὐκ ἐκωλυόμην συνθάπτειν ἀλλὰ πάντα συνεποίουν· οὐχ ὅπως τοῦδε ἀναλίσκοντος οὐδὲ Διοκλέους, ἀλλʼ ἐξ ὧν ἐκεῖνος κατέλιπε γιγνομένων τῶν εἰς αὐτὸν ἀναλωμάτων.
26. Yet if Ciron had not really been my grandfather, it was the duty of my opponent to repulse me and reject me and prevent me from taking part in the burial. My position with regard to him was quite a different one: for I allowed him, as my grandfather's nephew, to share in all the rites, but he ought never to have allowed me to do so, if what they now have the audacity to say were true.
26. καίτοι καὶ τούτῳ προσῆκεν, εἰ μὴ πάππος ἦν μοι Κίρων, ὠθεῖν 〈καὶ〉 ἐκβάλλειν καὶ κωλύειν συνθάπτειν. οὐδὲν γὰρ ὅμοιον ἦν μοι πρὸς τοῦτον· ἐγὼ μὲν γὰρ εἴων αὐτὸν ἀδελφιδοῦν ὄντα τοῦ πάππου ταῦτα πάντα συμποιεῖν, τούτῳ δʼ ἔμʼ οὐ προσῆκεν ἐᾶν, εἴπερ ἀληθῆ ταῦτα ἦν ἅπερ νῦν λέγειν τολμῶσιν.
27. But he was so overawed by his knowledge of the true facts, that at the tomb, when I spoke and accused Diocles of detaining the property and of having suborned him to dispute the inheritance, he did not venture to utter a sound or say a word of what he now has the impudence to assert. And to prove that I am telling the truth, please call the witnesses to these events.
27. ἀλλʼ οὕτω τῇ τοῦ πράγματος ἀληθείᾳ κατεπέπληκτο, ὥστʼ οὐδʼ ἐπὶ τοῦ σήματος ἐμοῦ ποιουμένου λόγους, καὶ κατηγοροῦντος Διοκλέους ὅτι τὰ χρήματα ἀποστερῶν τοῦτόν μοι πέπεικεν ἀμφισβητεῖν, οὐκ ἐτόλμησε γρῦξαι τὸ παράπαν οὐδὲν οὐδʼ εἰπεῖν ἃ νῦν τολμᾷ λέγειν. καὶ ταῦθʼ ὅτι ἀληθῆ λέγω, κάλει μοι τούτων τοὺς μάρτυρας.
28. Witnesses What ought to induce you to believe the statements which you have heard? Ought not the evidence of witnesses to induce you to do so? I certainly think so. But what entitles you to believe the witnesses? Is it not the confirmation of their evidence under torture? It seems only reasonable. But what entitles you to disbelieve the statements of my opponents? Is it not their refusal to put the matter to the test? This is an absolutely necessary conclusion. How then could anyone prove that my mother is a legitimate daughter of Ciron more clearly than by the method which I am adopting?
28. Μάρτυρες πόθεν χρὴ πιστεύεσθαι τὰ εἰρημένα; οὐκ ἐκ τῶν μαρτυριῶν; οἶμαί γε. πόθεν δὲ τοὺς μάρτυρας; οὐκ ἐκ τῶν βασάνων; εἰκός γε. πόθεν δʼ ἀπιστεῖν τοῖς τούτων λόγοις; οὐκ ἐκ τοῦ φεύγειν τοὺς ἐλέγχους; ἀνάγκη μεγάλη. πῶς οὖν ἄν τις σαφέστερον ἐπιδείξειε γνησίαν οὖσαν θυγατέρα Κίρωνος τὴν μητέρα τὴν ἐμήν ἢ τοῦτον τὸν τρόπον ἐπιδεικνύς;
29. For events in the distant past I furnished hearsay evidence vouched for by witnesses; where living witnesses are available, I produced those who are familiar with the facts, who knew perfectly well that my mother was brought up in Ciron's house, that she was regarded as his daughter, and that she was twice betrothed and twice married; I further showed that on all these points my opponents have refused to allow the evidence of slaves under torture, who knew all the facts. By the gods of Olympus, I could not possibly give stronger proofs than these, and I think that those which I have produced are sufficient.
29. τῶν μὲν παλαιῶν ἀκοὴν μαρτυρούντων παρεχόμενος, τῶν δὲ ἔτι ζώντων τοὺς εἰδότας ἕκαστα τούτων, οἳ συνῄδεσαν παρʼ ἐκείνῳ τρεφομένην, θυγατέρα νομιζομένην, δὶς ἐκδοθεῖσαν, δὶς ἐγγυηθεῖσαν, ἔτι δὲ περὶ πάντων τούτους βάσανον ἐξ οἰκετῶν πεφευγότας, οἳ ταῦτα πάντα ᾔδεσαν. ἔγωγε μὰ τοὺς θεοὺς τοὺς Ὀλυμπίους οὐκ ἂν ἔχοιμι πίστεις μείζους τούτων εἰπεῖν, ἀλλʼ ἱκανὰς εἶναι νομίζω τὰς εἰρημένας.
30. But to continue; let me next prove to you that I have a better right than my opponent to Ciron's fortune. I suppose that you admit in principle as a self-evident fact that those who are descended from the same stock as Ciron are not nearer in right of succession than those who are descended from him. (How, indeed, could they be, since the former are called collateral kinsmen, the latter lineal descendants of the deceased?) Since, however, even though this is so, they have the impudence to dispute my right, we will explain the point in greater detail from the actual laws.
30. φέρε δή, καὶ ὡς προσήκει ἐμοὶ μᾶλλον ἢ τούτῳ τῶν Κίρωνος χρημάτων, νῦν ἤδη τοῦτο ἐπιδείξω. καὶ νομίζω μὲν ἁπλῶς καὶ ὑμῖν ἤδη εἶναι φανερὸν ὅτι οὐκ ἐγγυτέρω ταῖς ἀγχιστείαις εἰσὶν οἱ μετʼ ἐκείνου φύντες ἢ οἱ ἐξ ἐκείνου γεγονότες (πῶς γάρ; οἱ μὲν γὰρ ὀνομάζονται συγγενεῖς, οἱ δʼ ἔκγονοι τοῦ τελευτήσαντος)· οὐ μὴν ἀλλʼ ἐπειδὴ καὶ οὕτως ἐχόντων τολμῶσιν ἀμφισβητεῖν, καὶ ἐξ αὐτῶν τῶν νόμων ἀκριβέστερον διδάξομεν.
31. Supposing that my mother, Ciron's daughter, were still alive and that her father had died intestate and that my opponent were his brother and not his nephew, he would have the right to claim the daughter in marriage, but he could not claim the estate, which would go to the children born of their marriage when they had completed two years after puberty; for this is what the laws ordain. Since, then, the children, and not my opponent himself, would have become masters of her property if she were alive, it is obvious, since she is dead and has left children, namely, my brother and myself, that we, and not our opponents, have the right to succeed to the estate.
31. εἰ γὰρ ἔζη μὲν ἡ ἐμὴ μήτηρ, θυγάτηρ δὲ Κίρωνος, μηδὲν δὲ ἐκεῖνος διαθέμενος ἐτελεύτησεν, ἦν δὲ ἀδελφὸς οὗτος αὐτῷ, μὴ ἀδελφιδοῦς, συνοικῆσαι μὲν ἂν τῇ γυναικὶ κύριος ἦν, τῶν δὲ χρημάτων οὐκ ἄν, ἀλλʼ οἱ γενόμενοι παῖδες ἐκ τούτου καὶ ἐξ ἐκείνης, ὁπότε ἐπὶ διετὲς ἥβησαν· οὕτω γὰρ οἱ νόμοι κελεύουσιν. εἰ τοίνυν καὶ ζώσης κύριος αὐτὸς μὴ ἐγένετο τῶν τῆς γυναικός, ἀλλʼ οἱ παῖδες, δῆλον ὅτι καὶ τετελευτηκυίας, ἐπεὶ παῖδας ἡμᾶς καταλέλοιπεν, οὐ τούτοις ἀλλʼ ἡμῖν προσήκει κληρονομεῖν τῶν χρημάτων.
32. This is the clear intention not only of this law but also of that dealing with the neglect of parents. For if my grandfather were alive and in want of the necessities of life, we, and not our opponent, would be liable to prosecution for neglect. For the law enjoins us to support our parents, meaning by “parents” father, mother, grandfather, and grandmother, and their father and mother, if they are still alive; for they are the source of the family, and their property is transmitted to their descendants, and so the latter are bound to support them even if they have nothing to bequeath to them. How then can it be right that, if they have nothing to leave, we should be liable to prosecution for neglecting them, yet that, if they have something to leave, our opponent should be the heir and not we? Surely it cannot be right.
32. οὐ τοίνυν ἐκ τούτου μόνον, ἀλλὰ καὶ ἐκ τοῦ περὶ τῆς κακώσεως νόμου δῆλόν ἐστιν. εἰ γὰρ ἔζη μὲν ὁ πάππος, ἐνδεὴς δὲ ἦν τῶν ἐπιτηδείων, οὐκ ἂν οὗτος ὑπόδικος ἦν τῆς κακώσεως ἀλλʼ ἡμεῖς. κελεύει γὰρ τρέφειν τοὺς γονέας· γονεῖς δʼ εἰσὶ μήτηρ καὶ πατὴρ καὶ πάππος καὶ τήθη καὶ τούτων μήτηρ καὶ πατήρ, ἐὰν ἔτι ζῶσιν· ἐκεῖνοι γὰρ ἀρχὴ τοῦ γένους εἰσί, καὶ τὰ ἐκείνων παραδίδοται τοῖς ἐκγόνοις· διόπερ ἀνάγκη τρέφειν αὐτούς ἐστι, κἂν μηδὲν καταλίπωσι. πῶς οὖν δίκαιόν ἐστιν, ἐὰν μὲν μηδὲν καταλίπωσιν, ἡμᾶς ὑποδίκους εἶναι τῆς κακώσεως, ἢν μὴ τρέφωμεν, εἰ δέ τι καταλελοίπασι, τόνδʼ εἶναι κληρονόμον ἀλλὰ μὴ ἡμᾶς; οὐδαμῶς δήπουθεν.
33. I will now institute a comparison with the nearest collateral relative and question you on the various degrees of relationship; for this is the easier way of making the matter clear to you. Is Ciron's daughter or his brother the nearer of kin to him? Clearly his daughter; for she is his issue, while the brother is only born of the same stock. Next, is the brother nearer of kin or the daughter's children? Certainly the daughter's children; for they are lineal descendants and not mere collaterals. If then our rights are so far superior to those of a brother, a fortiori we are still more to be preferred to our opponent, who is only a nephew.
33. πρὸς ἕνα δὲ τὸν πρῶτον τῶν συγγενῶν προσάξω, καὶ τοῦ γένους καθʼ ἕκαστον ὑμᾶς ἐρωτήσω· ῥᾷστα γὰρ οὕτω μάθοιτʼ ἄν. Κίρωνος πότερον θυγάτηρ ἢ ἀδελφὸς ἐγγυτέρω τοῦ γένους ἐστί· δῆλον γὰρ ὅτι θυγάτηρ· ἡ μὲν γὰρ ἐξ ἐκείνου γέγονεν, ὁ δὲ μετʼ ἐκείνου. θυγατρὸς δὲ παῖδες ἢ ἀδελφός; παῖδες δήπουθεν· γένος γὰρ ἀλλʼ οὐχὶ συγγένεια τοῦτʼ ἐστίν. εἰ δὴ προέχομεν ἀδελφοῦ τοσοῦτον, ἦ που τοῦδέ γʼ ὄντος ἀδελφιδοῦ πάμπολυ πρότεροί ἐσμεν.
34. But I am afraid of seeming tiresome in repeating truths so universally recognized; for you all inherit the property of your fathers, grandfathers, and remoter ancestors by the incontrovertible title of lineal descent, and I do not know that such a case as the present has ever been brought against anyone before. I shall therefore read the law about the neglect of parents and then try and show you the motives which led to the whole affair.
34. δέδοικα δὲ μὴ λίαν ὁμολογούμενα λέγων ἐνοχλεῖν ὑμῖν δόξω· πάντες γὰρ ὑμεῖς τῶν πατρῴων, τῶν παππῴων, τῶν ἔτι περαιτέρω κληρονομεῖτε ἐκ γένους παρειληφότες τὴν ἀγχιστείαν ἀνεπίδικον, καὶ οὐκ οἶδʼ εἴ τινι πρὸ τοῦ πώποτε τοιοῦτος ἀγὼν συμβέβηκεν. ἀναγνοὺς οὖν τὸν τῆς κακώσεως νόμον, ὧν ἕνεκα πάντα γίγνεται, καὶ ταῦτʼ ἤδη πειράσομαι διδάσκειν.
35. Law The property of Ciron, gentlemen, consisted of an estate at Phlya, easily worth a talent, two houses in the city, one near the sanctuary of Dionysus in the Marshes, let to a tenant and worth 2000 drachmae, the other, in which he himself used to live, worth thirteen minae; he also had slaves earning wages, two female slaves and a young girl, and the fittings of his private residence, worth, including the slaves, about thirteen minae. The total value of his real property was thus more than ninety minae; but besides this he had considerable sums lent out, of which he received the interest.
35. Νόμος Κίρων γὰρ ἐκέκτητο οὐσίαν, ὦ ἄνδρες, ἀγρὸν μὲν Φλυῆσι, καὶ ταλάντου ῥᾳδίως ἄξιον, οἰκίας δʼ ἐν ἄστει δύο, τὴν μὲν μίαν μισθοφοροῦσαν, παρὰ τὸ ἐν Λίμναις Διονύσιον, δισχιλίας εὑρίσκουσαν, τὴν δʼ ἑτέραν, ἐν ᾗ αὐτὸς ᾤκει, τριῶν καὶ δέκα μνῶν· ἔτι δὲ ἀνδράποδα μισθοφοροῦντα καὶ δύο θεραπαίνας καὶ παιδίσκην, καὶ ἔπιπλα διʼ ὧν ᾤκει τὴν οἰκίαν, σχεδὸν σὺν τοῖς ἀνδραπόδοις ἄξια τριῶν καὶ δέκα μνῶν· σύμπαντα δὲ ὅσα φανερὰ ἦν, πλέον ἢ ἐνενήκοντα μνῶν· χωρὶς δὲ τούτων δανείσματα οὐκ ὀλίγα, ἀφʼ ὧν ἐκεῖνος τόκους ἐλάμβανε.
36. It was to obtain this property that Diocles, together with his sister, carried on his plots for a long time, ever since the death of Ciron's sons. For he did not try to find another husband for her, although she was still capable of bearing children to another man; for he feared that, if she were separated from Ciron, the latter would resolve to dispose of his estate in the proper manner; but he kept on urging her to remain with him, and to allege that she thought she was with child by him and then pretend that she had an accidental miscarriage, in order that he might be always hoping that a child would be born to him, and might not, therefore, adopt myself or my brother. Diocles also continually calumniated my father, alleging that he was intriguing against Ciron's property.
36. τούτοις Διοκλῆς μετὰ τῆς ἀδελφῆς πάλαι ἐπεβούλευεν, ἐπειδὴ τάχιστα οἱ παῖδες οἱ Κίρωνος ἐτελεύτησαν. ἐκείνην μὲν γὰρ οὐκ ἐξεδίδου δυναμένην ἔτι τεκεῖν παῖδας ἐξ ἑτέρου ἀνδρός, ἵνα μὴ χωρισθείσης περὶ τῶν αὑτοῦ βουλεύσαιτο καθάπερ προσῆκεν, ἔπειθε δὲ μένειν φάσκουσαν ἐξ αὐτοῦ κυεῖν οἴεσθαι, προσποιουμένην δὲ διαφθείρειν ἄκουσαν, ἵνʼ ἐλπίζων ἀεὶ γενήσεσθαι παῖδας αὑτῷ μηδέτερον ἡμῶν εἰσποιήσαιτο ὑόν· καὶ τὸν πατέρα διέβαλλεν ἀεί, φάσκων αὐτὸν ἐπιβουλεύειν τοῖς ἐκείνου.
37. So he gradually persuaded Ciron to let him handle all the sums owing to him, and the interest upon them, and to manage his real property, cajoling the old man by his attentions and flattery until he had all his estate in his grasp. But, although he knew that in accordance with my rights I should seek to be master of this property when my grandfather was dead, yet he did not try to prevent me from visiting him and paying him attentions and conversing with him (for he was afraid that Ciron might become exasperated and be angry with him); but he was all the time preparing a claimant to dispute my right to the property, promising him a small share, if he were successful, and securing the whole estate for himself, and not admitting even to his accomplice that my grandfather had any money to leave, but pretending that there was nothing.
37. τά τε οὖν χρέα πάντα, ὅσα ὠφείλετο αὐτῷ, καὶ 〈τοὺς〉 τόκους ἔπειθε 〈πράξασθαι〉 τά τε φανερὰ διʼ αὑτοῦ ποιεῖσθαι, παράγων ἄνδρα πρεσβύτερον θεραπείαις καὶ κολακείαις, ἕως ἅπαντα τὰ ἐκείνου περιέλαβεν. εἰδὼς δὲ ὅτι πάντων ἐγὼ τούτων κατὰ τὸ προσῆκον εἶναι κύριος ζητήσω, ὁπότε ὁ πάππος τελευτήσειεν, εἰσιέναι μέν με καὶ θεραπεύειν ἐκεῖνον καὶ συνδιατρίβειν οὐκ ἐκώλυε, δεδιὼς μὴ τραχυνθεὶς εἰς ὀργὴν κατασταίη πρὸς αὑτόν, παρεσκεύαζε δέ μοι τὸν ἀμφισβητήσοντα τῆς οὐσίας, μέρος πολλοστὸν τούτῳ μεταδιδοὺς εἰ κατορθώσειεν, αὑτῷ δὲ ταῦτα πάντα περιποιῶν, καὶ οὐδὲ πρὸς τοῦτον ὁμολογῶν τὸν πάππον χρήματα καταλείπειν, ἀλλʼ εἶναι φάσκων οὐδέν.
38. Immediately after Ciron's death he lost no time in making preparations for the funeral, the expenses of which he required me to pay, as you have heard the witnesses testifying; but he afterwards pretended that he had received the money from my opponent and refused any longer to accept payment from me, stealthily thrusting me aside, in order that it might appear that my opponent, and not I, was burying my grandfather. And when my opponent claimed this house and everything else that Ciron left behind him, although he said that he had left nothing, I did not think (and my friends agreed with me) that in these painful circumstances I ought to use violence and carry off my grandfather's body, but I took part in the rites and was present at the burial, the expenses of which were defrayed out of my grandfather's estate.
38. καὶ ἐπειδὴ τάχιστα ἐτελεύτησεν, ἐντάφια προπαρασκευασάμενος τὸ μὲν ἀργύριον ἐμὲ ἐκέλευεν ἐνεγκεῖν, ὡς τῶν μαρτύρων ἠκούσατε μαρτυρησάντων, ἀπειληφέναι δὲ παρὰ τοῦδε προσεποιεῖτο, παρʼ ἐμοῦ δὲ οὐκέτι ἤθελεν ἀπολαβεῖν, ὑποπαρωθῶν, ὅπως ἐκεῖνος δοκοίη θάπτειν ἀλλὰ μὴ ἐγὼ τὸν πάππον. ἀμφισβητοῦντος δὲ τούτου καὶ τῆς οἰκίας ταύτης καὶ τῶν ἄλλων ὧν ἐκεῖνος κατέλιπε, καὶ οὐδὲν φάσκοντος καταλελοιπέναι, βιάσασθαι μὲν καὶ τὸν πάππον μεταφέρειν ἐν ταῖς τοιαύταις ἀκαιρίαις οὐκ ᾤμην δεῖν, τῶν φίλων μοι ταῦτα συγγιγνωσκόντων, συνεποίουν δὲ καὶ συνέθαπτον, ἐξ ὧν ὁ πάππος κατέλιπε τῶν ἀναλωμάτων γιγνομένων.
39. Thus I acted in this manner under compulsion; but in order that they might gain no advantage over me by alleging to you that I bore no part of the funeral expenses, I consulted the interpreter of the sacred law and by his advice I paid for at my own expense and offered the ninth-day offerings in the most sumptuous manner possible, in order that I might confound their sacrilegious tricks, and that it might not seem that they had paid for everything and I for nothing, but that I might be thought to have done my share.
39. καὶ ταῦτα μὲν οὕτως ἀναγκασθεὶς ἔπραξα τοῦτον τὸν τρόπον· ὅπως δὲ μηδέν μου ταύτῃ πλεονεκτοῖεν, παρʼ ὑμῖν φάσκοντες οὐδέν με εἰς τὴν ταφὴν ἀνηλωκέναι, τὸν ἐξηγητὴν ἐρόμενος ἐκείνου κελεύσαντος ἀνήλωσα παρʼ ἐμαυτοῦ καὶ τὰ ἔνατα ἐπήνεγκα, ὡς οἷόν τε κάλλιστα παρασκευάσας, ἵνα αὐτῶν ἐκκόψαιμι ταύτην τὴν ἱεροσυλίαν, καὶ ἵνα μὴ δοκοῖεν οὗτοι μὲν ἀνηλωκέναι πάντα, ἐγὼ δὲ μηδέν, ἀλλʼ ὁμοίως κἀγώ.
40. Such in substance, gentlemen, are the events which have occurred and the causes of all this trouble. If you understood the impudence of Diocles and his behavior on all other occasions, you would have no difficulty in believing anything in my story. For the fortune which he now possesses, and with which he makes such a brave show, is not really his; for when his three half-sisters, the children of his mother, were left heiresses, he represented himself as the adopted son of their father, though the latter left no will to this effect.
40. καὶ τὰ μὲν γεγενημένα, καὶ διʼ ἃ τὰ πράγματα ταῦτʼ ἔχομεν, σχεδόν τι ταῦτʼ ἐστίν, ὦ ἄνδρες· εἰ δὲ εἰδείητε τὴν Διοκλέους ἀναισχυντίαν, καὶ περὶ τὰ ἄλλα οἷός ἐστιν, οὐκ ἂν ἀπιστήσαιτε τῶν εἰρημένων οὐδενί. οὗτος μὲν γὰρ ἔχει τὴν οὐσίαν, ἀφʼ ἧς νῦν ἐστι λαμπρός, ἀλλοτρίαν, ἀδελφῶν τριῶν ὁμομητρίων ἐπικλήρων καταλειφθεισῶν αὑτὸν τῷ πατρὶ αὐτῶν εἰσποιήσας, οὐδεμίαν ἐκείνου περὶ τούτων ποιησαμένου διαθήκην.
41. When the husbands of two of the sisters tried to obtain possession of their fortune, he imprisoned the husband of the eldest of them by walling him up and by a plot deprived him of his civic rights, and though he was indicted for outrage he has not yet been punished. As for the husband of the next sister, he ordered a slave to kill him and smuggled away the murderer, and then threw the guilt upon his sister, and having terrified her by his abominable conduct he has robbed her son, whose guardian he became, of his property, and is still in possession of his land and has only given him some stony ground.
41. τοῖν δʼ ἀδελφαῖν τοῖν δυοῖν ἐπειδὴ τὰ χρήματα εἰσεπράττετο ὑπὸ τῶν ἐκείναις συνοικούντων, τὸν μὲν τὴν πρεσβυτέραν ἔχοντα κατοικοδομήσας καὶ ἐπιβουλεύσας ἠτίμωσε, καὶ γραφὴν ὕβρεως γραφεὶς οὐδέπω τούτων δίκην δέδωκε, τῆς δὲ μετʼ ἐκείνην γενομένης τὸν ἄνδρα ἀποκτεῖναι κελεύσας οἰκέτην ἐκεῖνον μὲν ἐξέπεμψε, τὴν δʼ αἰτίαν εἰς τὴν ἀδελφὴν ἔτρεψε, καταπλήξας δὲ ταῖς αὑτοῦ βδελυρίαις προσαφῄρηται τὸν ὑὸν αὐτῆς τὴν οὐσίαν ἐπιτροπεύσας, καὶ κατέχει τὸν ἀγρόν, φελλέα [χωρία ἄττα] δὲ ἐκείνῳ δέδωκε.
42. To prove that what I say is true, his victims, though they are afraid of him, yet may perhaps be willing to support me by their evidence; otherwise, I will produce as witnesses those who know the facts. Please call them first.
42. καὶ ταῦτα ὅτι ἀληθῆ λέγω, δεδίασι μὲν αὐτόν, ἴσως δʼ ἄν μοι καὶ μαρτυρῆσαι ἐθελήσειαν· εἰ δὲ μή, τοὺς εἰδότας παρέξομαι μάρτυρας. καί μοι κάλει δεῦρο αὐτοὺς πρῶτον.
43. Witnesses This man, then, having shown himself so brutal and violent and having robbed his sisters of their fortune, is not content with the possession of their property, but, since he has not been punished, has now come forward to rob us of our grandfather's fortune; and having given our opponent—so we are informed—the paltry sum of two minae is exposing us to the risk of losing not only our property but also our fatherland. For if you are misled into the belief that our mother was not an Athenian citizen, neither are we citizens; for we were born after the archonship of Eucleides. Can it be said, therefore, that the suit which he has trumped up against us is of only trifling importance? While our grandfather and our father were alive, no charge was ever brought against us and our rights were never impeached;
43. Μάρτυρες οὕτω τοίνυν ἀσελγὴς ὢν καὶ βίαιος καὶ τὴν τῶν ἀδελφῶν οὐσίαν ἀπεστερηκὼς οὐκ ἀγαπᾷ τὰ ἐκείνων ἔχων, ἀλλʼ ὅτι δίκην οὐδεμίαν αὐτῶν δέδωκεν, ἥκει καὶ τὰ τοῦ πάππου χρήματα ἡμᾶς ἀποστερήσων, καὶ τούτῳ δύο μνᾶς (ὡς ἀκούομεν) μόνας δεδωκὼς οὐ μόνον περὶ χρημάτων ἡμᾶς ἀλλὰ καὶ περὶ τῆς πατρίδος εἰς κινδύνους καθίστησιν. ἐὰν γὰρ ἐξαπατηθῆτε ὑμεῖς πεισθέντες ὡς ἡ μήτηρ ἡμῶν οὐκ ἦν πολῖτις, οὐδʼ ἡμεῖς ἐσμεν· μετʼ Εὐκλείδην γὰρ ἄρχοντα γεγόναμεν. ἆρα περὶ μικρῶν τινῶν ἡμῖν τὸν ἀγῶνα κατεσκεύακε; καὶ ζῶντος μὲν τοῦ πάππου καὶ τοῦ πατρὸς οὐδεμίαν αἰτίαν εἴχομεν, ἀλλʼ ἀναμφισβήτητοι τὸν ἅπαντα χρόνον διετελέσαμεν·
44. but now that they are dead, even if we win our case, we shall always hear the stigma of having had our rights disputed, thanks to this accursed Orestes, who, taken in adultery and having suffered the treatment which befits such evil-doers, has not even so abandoned the practice, as those who know the facts can testify. You know now the character of this fellow, and you will learn about it in still greater detail, when our suit against him comes on.
44. ἐπειδὴ δʼ ἐκεῖνοι τετελευτήκασι, κἂν νῦν νικήσωμεν, ὄνειδος ἕξομεν, διότι ἠμφισβητήθημεν, διὰ τὸν Ὀρέστην τοῦτον τὸν κακῶς ἀπολούμενον, ὃς μοιχὸς ληφθεὶς καὶ παθὼν ὅ τι προσήκει τοὺς τὰ τοιαῦτα ποιοῦντας οὐδʼ ὣς ἀπαλλάττεται τοῦ πράγματος, ὡς οἱ συνειδότες καταμαρτυροῦσι. τοῦτον μὲν οὖν, οἷός ἐστι, καὶ νῦν ἀκούετε καὶ αὖθις ἀκριβέστερον πεύσεσθε, ὅταν κατʼ αὐτοῦ τὴν δίκην ἡμεῖς εἰσίωμεν·
45. But do not, I beg and implore you, allow me to be insulted and robbed in the matter of this money which my grandfather left, but help me as far as each of you is able. Ample proof is before you from depositions, evidence given under torture, and the laws themselves that we are the children of a legitimate daughter of Ciron and that we have a better right than our opponents to inherit our grandfather's property as his lineal descendants.
45. ὑμῶν δʼ ἐγὼ δέομαι καὶ ἱκετεύω, μή με περιίδητε περὶ τούτων ὑβρισθέντα τῶν χρημάτων ὧν ὁ πάππος κατέλιπε, μηδʼ ἀποστερηθέντα, ἀλλὰ βοηθήσατε καθʼ ὅσον ὑμῶν ἕκαστος τυγχάνει δυνάμενος. ἔχετε δὲ πίστεις ἱκανὰς ἐκ μαρτυριῶν, ἐκ βασάνων, ἐξ αὐτῶν τῶν νόμων, ὅτι τʼ ἐσμὲν 〈ἐκ〉 θυγατρὸς γνησίας Κίρωνος, καὶ ὅτι προσήκει ἡμῖν μᾶλλον ἢ τούτοις κληρονομεῖν τῶν ἐκείνου χρημάτων, ἐκγόνοις οὖσι τοῦ πάππου.
46. Remember, therefore, the oaths under which you sit in judgement, the arguments which we have presented, and the laws, and give your verdict as justice demands. I do not know of anything which I ought to add; for I think that nothing which I have said has escaped your attention. Now take the only remaining deposition, proving that Diocles was taken in adultery, and read it to the court. Deposition
46. μνησθέντες οὖν καὶ τῶν ὅρκων οὓς ὀμόσαντες δικάζετε, καὶ τῶν λόγων οὓς εἰρήκαμεν, καὶ τῶν νόμων, ᾗ δίκαιόν ἐστι, ταύτῃ τὴν ψῆφον τίθεσθε. οὐκ οἶδʼ ὅ τι δεῖ πλείω λέγειν· οἶμαι γὰρ ὑμᾶς οὐδὲν ἀγνοεῖν τῶν εἰρημένων. λαβὲ δʼ αὐτοῖς τὴν μαρτυρίαν τὴν λοιπήν, ὡς ἐλήφθη μοιχός, καὶ ἀνάγνωθι. 〈Μαρτυρία〉