---
title: "On the Estate of Philoctemon · Περὶ τοῦ Φιλοκτήμονος κλήρου"
author: "Isaeus"
translator: "Edward Seymour Forster"
languages: [grc, en]
shelf: "Classical Greek"
section: 1 of 1
url: https://scriptura.si/works/isaeus-on-the-estate-of-philoctemon/1/
cite: "Isaeus, tr. Edward Seymour Forster, On the Estate of Philoctemon · Περὶ τοῦ Φιλοκτήμονος κλήρου, section 1. Scriptura (scriptura.si), https://scriptura.si/works/isaeus-on-the-estate-of-philoctemon/1/"
---

# On the Estate of Philoctemon · Περὶ τοῦ Φιλοκτήμονος κλήρου

*Isaeus, tr. Edward Seymour Forster*

An old man’s adoption contested, and a household run by a freedwoman.

> Greek: ed. Edward Seymour Forster, from the Perseus Digital Library (canonical-greekLit, tlg0017.tlg006, CC BY-SA 4.0).

> English: Edward Seymour Forster, from the Perseus Digital Library (tlg0017.tlg006.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 1–65

Source: https://scriptura.si/works/isaeus-on-the-estate-of-philoctemon/1/ · cite a paragraph as https://scriptura.si/works/isaeus-on-the-estate-of-philoctemon/1/#p-N

[¶0] 0. Argument Philoctemon, a son of Euctemon, adopted Chaerestratus, the son of one of his two sisters and of Phanostratus, in a will which was deposited with Chaereas, the husband of the other sister, and died during his father's lifetime. When the latter also died, Chaerestratus claimed possession in accordance with the law. When Androcles lodged a protestation that the estate was not adjudicable because Euctemon had a legitimate son, namely, Antidorus, Chaerestratus and his supporters impugned the protestation, declaring that both Antidorus and his sister were illegitimate and that the law ordains that an illegitimate son or daughter cannot inherit as next-of-kin. The discussion turns on questions of fact; for it is uncertain whether Philoctemon adopted Chaerestratus as his son, and further, whether Antidorus and the other child are legitimate.

> Greek: 0. Ὑπόθεσις εὐκτήμονος υἱὸς Φιλοκτήμων τὸν τῆς ἑτέρας τῶν ἀδελφῶν καὶ Φανοστράτου υἱὸν Χαιρέστρατον ποιησάμενος κατὰ διαθήκας τεθείσας παρὰ Χαιρέᾳ τῷ τῆς ἑτέρας ἀδελφῆς ἀνδρί, ἐτελεύτησε ζῶντος ἔτι τοῦ πατρός ὕστερον δὲ κἀκείνου ἀποθανόντος ἔλαχεν ὁ Χαιρέστρατος τοῦ κλήρου κατὰ τὸν νόμον. διαμαρτυρήσαντος δὲ Ἀνδροκλέους μὴ εἶναι ἐπίδικον ὄντος Ἀντιδώρου γνησίου παιδὸς Εὐκτήμονι, οἱ περὶ Χαιρέστρατον ἐπεσκήψαντο τῇ διαμαρτυρίᾳ, καὶ τοῦτον καὶ τὴν ἀδελφὴν αὐτοῦ νόθους γεγονέναι φάσκοντες, τὸν δὲ νόμον διαγορεύειν νόθῳ καὶ νόθῃ μὴ εἶναι ἀγχιστείαν. ἡ στάσις στοχασμός· ἄδηλον γὰρ εἰ ἐποίησε Φιλοκτήμων Χαιρέστρατον υἱὸν ἑαυτῷ, καὶ πάλιν ἄδηλον εἰ γνήσιοί εἰσιν οἱ περὶ Ἀντίδωρον.

[¶1] 1. That I am on terms of very close friendship with Phanostratus and with Chaerestratus here, I think most of you, gentlemen, are aware, but to those who are not aware of it I will give a convincing proof. When Chaerestratus set sail for Sicily in command of a trireme, although, having sailed thither myself before, I knew well all the dangers which I should encounter, yet, at the request of these friends of mine, I sailed with him and shared his misfortune, and we were both made prisoners of war.

> Greek: 1. ὅτι μέν, ὦ ἄνδρες, πάντων οἰκειότατα 〈τυγχάνω〉 χρώμενος Φανοστράτῳ τε καὶ Χαιρεστράτῳ τουτῳί, τοὺς πολλοὺς οἶμαι ὑμῶν εἰδέναι, τοῖς δὲ μὴ εἰδόσιν ἱκανὸν ἐρῶ τεκμήριον· ὅτε γὰρ εἰς Σικελίαν ἐξέπλει τριηραρχῶν Χαιρέστρατος, διὰ τὸ πρότερον αὐτὸς ἐκπεπλευκέναι προῄδειν πάντας τοὺς ἐσομένους κινδύνους, ὅμως δὲ δεομένων τούτων καὶ συνεξέπλευσα καὶ συνεδυστύχησα καὶ ἑάλωμεν εἰς τοὺς πολεμίους.

[¶2] 2. It would be strange if I endured all this in the face of evident danger because of my friendship and affection for them, and yet were not now to attempt so to plead their cause that you shall pass a sentence in accordance with your oath and that justice shall be done to my clients. I entreat you, therefore, to grant me indulgence and to listen to me with goodwill; for the suit is of no slight importance to them, but their most vital interests are at stake.

> Greek: 2. ἄτοπον δὴ εἰ ἐκεῖνα μὲν προδήλων ὄντων τῶν κινδύνων ὅμως διὰ τὸ χρῆσθαι τούτοις καὶ φίλους νομίζειν ὑπέμενον, νῦν δὲ οὐ πειρῴμην συνειπεῖν ἐξ ὧν ὑμεῖς τε τὰ εὔορκα ψηφιεῖσθε καὶ τούτοις τὰ δίκαια γενήσεται. δέομαι οὖν ὑμῶν συγγνώμην τε ἔχειν καὶ μετʼ εὐνοίας ἀκροάσασθαι· ὁ γὰρ ἀγὼν οὐ μικρὸς αὐτοῖς, ἀλλὰ περὶ τῶν μεγίστων.

[¶3] 3. Philoctemon of Cephisia was a friend of Chaerestratus here, and died, having bequeathed to him his property and having adopted him as his son. Chaerestratus in accordance with the law claimed the estate. But, since it is lawful for any Athenian who wishes to do so to dispute an inheritance by bringing a direct action before you, and if he can establish a better claim, to obtain possession of the estate, Androcles here put in a protestation declaring that the succession was not adjudicable, thus depriving my client of his right to claim the estate and you of your right to decide who ought to be declared heir to Philoctemon's property.

> Greek: 3. Φιλοκτήμων γὰρ ὁ Κηφισιεὺς φίλος ἦν Χαιρεστράτῳ τουτῳὶ δοὺς δὲ τὰ ἑαυτοῦ καὶ ὑὸν αὐτὸν ποιησάμενος ἐτελεύτησε. λαχόντος δὲ τοῦ Χαιρεστράτου κατὰ τὸν νόμον τοῦ κλήρου, ἐξὸν ἀμφισβητῆσαι Ἀθηναίων τῷ βουλομένῳ καὶ εὐθυδικίᾳ εἰσελθόντι εἰς ὑμᾶς, εἰ φαίνοιτο δικαιότερα λέγων, ἔχειν τὸν κλῆρον, διεμαρτύρησεν Ἀνδροκλῆς οὑτοσὶ μὴ ἐπίδικον εἶναι τὸν κλῆρον, ἀποστερῶν τοῦτον τῆς ἀμφισβητήσεως καὶ ὑμᾶς τοῦ κυρίους γενέσθαι ὅντινα δεῖ κληρονόμον καταστήσασθαι τῶν Φιλοκτήμονος·

[¶4] 4. He thus thinks by a single verdict and by a single suit to establish as brothers of the deceased men who have no sort of connection with him, to place himself in possession of the estate without further legal procedure, to, become legal representative of the sister of the deceased, and to annul the will.

> Greek: 4. καὶ ἐν μιᾷ ψήφῳ καὶ ἑνὶ ἀγῶνι οἴεται ἀδελφοὺς καταστήσειν ἐκείνῳ τοὺς οὐδὲν προσήκοντας, καὶ τὸν κλῆρον ἀνεπίδικον ἕξειν αὐτός, καὶ τῆς ἀδελφῆς τῆς ἐκείνου κύριος γενήσεσθαι, καὶ τὴν διαθήκην ἄκυρον ποιήσειν.

[¶5] 5. Androcles has made a number of extraordinary allegations in his protestation; I will take one point first and prove that Philoctemon made a will and adopted Chaerestratus here as his son. Seeing that Philoctemon had no issue by the woman to whom he was married, and since, as it was war-time, he was running considerable risks, serving in the cavalry and often sailing as trierarch, he resolved to dispose of his property by will, so that he might not leave his house desolate if anything happened to him.

> Greek: 5. πολλῶν δὲ καὶ δεινῶν ὄντων ἃ διαμεμαρτύρηκεν Ἀνδροκλῆς, τοῦτʼ αὐτὸ πρῶτον ἐπιδείξω ὑμῖν, ὡς διέθετο καὶ ἐποιήσατο ὑὸν τουτονὶ Χαιρέστρατον. ἐπειδὴ γὰρ τῷ Φιλοκτήμονι ἐκ μὲν τῆς γυναικὸς ᾗ συνῴκει οὐκ ἦν παιδίον οὐδέν, πολέμου δʼ ὄντος ἐκινδύνευε καὶ ἱππεὺς στρατευόμενος καὶ τριήραρχος πολλάκις ἐκπλέων, ἔδοξεν αὐτῷ διαθέσθαι τὰ αὑτοῦ, μὴ ἔρημον καταλίπῃ τὸν οἶκον, εἴ τι πάθοι.

[¶6] 6. He had had two brothers, both of whom died without issue: of his two sisters one, who was the wife of Chaereas, had no son and had never had one, though she had been married for many years; the other, who was wife of Phanostratus here, had two sons. It was the elder of these, Chaerestratus here, whom Philoctemon adopted as his son.

> Greek: 6. τὼ μὲν οὖν ἀδελφὼ αὐτῷ, ὥπερ ἐγενέσθην, ἄμφω ἄπαιδε ἐτελευτησάτην· τοῖν δὲ ἀδελφαῖν τῇ μὲν ἑτέρᾳ, ᾗ ὁ Χαιρέας συνῴκει, οὐκ ἦν ἄρρεν παιδίον οὐδὲ ἐγένετο πολλὰ ἔτη συνοικούσῃ, ἐκ δὲ τῆς ἑτέρας, ᾗ συνῴκει Φανόστρατος οὑτοσί, ἤστην ὑὼ δύο. τούτων τὸν πρεσβύτερον τουτονὶ Χαιρέστρατον ἐποιήσατο ὑόν·

[¶7] 7. Under the terms of his will, if he had no child by his wife, Chaerestratus inherited his estate. He deposited his will with Chaereas, his brother-in-law, the husband of his other sister. This will shall now be read to you, and those who were present at its execution shall give evidence. Please read it.

> Greek: 7. καὶ ἔγραψεν οὕτως ἐν διαθήκῃ, εἰ μὴ γένοιτο αὑτῷ παιδίον ἐκ τῆς γυναικός, τοῦτον κληρονομεῖν τῶν ἑαυτοῦ. καὶ τὴν διαθήκην κατέθετο παρὰ τῷ κηδεστῇ Χαιρέᾳ, τῷ τὴν ἑτέραν αὐτοῦ ἀδελφὴν ἔχοντι. καὶ ὑμῖν ἥ τε διαθήκη αὕτη ἀναγνωσθήσεται καὶ οἱ παραγενόμενοι μαρτυρήσουσι. καί μοι ἀνάγνωθι.

[¶8] 8. Will. Witnesses You have now heard that Philoctemon made a will, and on what conditions he adopted Chaerestratus as his son. To prove that he had a right to do so, I will produce the text of the law which is in my opinion the best source of information in such matters. Please read it.

> Greek: 8. Διαθήκη 〈Μάρτυρες〉 ὡς μὲν διέθετο καὶ ἐφʼ οἷς ἐποιήσατο ὑὸν τοῦτον, ἀκηκόατε· ὡς δʼ ἐξὸν αὐτῷ ταῦτʼ ἔπραξεν, ὅθεν δικαιότατα ἡγοῦμαι τὰ τοιαῦτʼ εἶναι μανθάνειν, τοῦτον ὑμῖν αὐτὸν παρέξομαι τὸν νόμον. καί μοι ἀνάγνωθι.

[¶9] 9. Law This law, gentlemen, holds good for all men alike, permitting anyone to dispose of his property in default of male issue, providing that, at the time of doing so, he is not insane or mentally incapacitated by old age or any other of the causes mentioned in the law. That Philoctemon did not fall under any of these exceptions, I will prove to you in a few words. For how could anyone dare to say that a man was not in full possession of his faculties, who all his life showed himself so good a citizen, that, owing to your esteem for him, he was considered worthy to hold command, and who died fighting against the enemy?

> Greek: 9. Νόμος οὑτοσὶ ὁ νόμος, ὦ ἄνδρες, κοινὸς ἅπασι κεῖται, ἐξεῖναι τὰ ἑαυτοῦ διαθέσθαι, ἐὰν μὴ παῖδες ὦσι γνήσιοι ἄρρενες, ἐὰν μὴ ἄρα μανεὶς ἢ ὑπὸ γήρως ἢ διʼ ἄλλο τι τῶν ἐν τῷ νόμῳ παρανοῶν διαθῆται. ὅτι δʼ οὐδενὶ τούτων ἔνοχος ἦν Φιλοκτήμων, βραχέα εἰπὼν δηλώσω ὑμῖν. ὅστις γὰρ καὶ ἕως ἔζη τοιοῦτον πολίτην ἑαυτὸν παρεῖχεν, ὥστε διὰ τὸ ὑφʼ ὑμῶν τιμᾶσθαι ἄρχειν ἀξιοῦσθαι, καὶ ἐτελεύτησε μαχόμενος τοῖς πολεμίοις, πῶς ἄν τις τοῦτον τολμήσειεν εἰπεῖν ὡς οὐκ εὖ ἐφρόνει;

[¶10] 10. That he made a will and adopted a son when he was in full possession of his faculties, as he was entitled to do, has been proved to you; it follows from this that Androcles has been proved to have committed perjury. But since he has further stated in his protestation that my opponent is a legitimate son of Euctemon, I will prove this also to be false. The real sons of Euctemon, the father of Philoctemon, namely, Philoctemon himself, Ergamenes, and Hegemon, and his two daughters and their mother, Euctemon's wife, the daughter of Meixiades of Cephisia, are well known to all their relatives and to the members of the ward and to most of the demesmen, and they shall testify to you;

> Greek: 10. ὅτι μὲν οὖν διέθετο καὶ ἐποιήσατο εὖ φρονῶν, ἐξὸν αὐτῷ, ἀποδέδεικται ὑμῖν, ὥστε κατὰ μὲν τοῦτο ψευδῆ μεμαρτυρηκὼς Ἀνδροκλῆς ἀποδέδεικται· ἐπειδὴ δὲ προσδιαμεμαρτύρηκεν [ὡς] ὑὸν εἶναι γνήσιον Εὐκτήμονος τοῦτον, καὶ ταῦτʼ ἀποδείξω ψευδῆ ὄντα. Εὐκτήμονι γάρ, ὦ ἄνδρες, τῷ Φιλοκτήμονος πατρί, τοὺς μὲν ὄντως γενομένους παῖδας, Φιλοκτήμονα καὶ Ἐργαμένην καὶ Ἡγήμονα καὶ δύο θυγατέρας, καὶ τὴν μητέρα αὐτῶν, ἣν ἔγημεν ὁ Εὐκτήμων, Μειξιάδου Κηφισιῶς θυγατέρα, πάντες οἱ προσήκοντες ἴσασι καὶ οἱ φράτορες καὶ τῶν δημοτῶν οἱ πολλοί, καὶ μαρτυρήσουσιν ὑμῖν·

[¶11] 11. but no one is aware or ever heard a word during Euctemon's lifetime of his having married any other wife who became mother by him of our opponents. Yet it is only natural that these should be most trustworthy witnesses; for relatives ought to know about such matters. Please call them first and read the depositions.

> Greek: 11. ὅτι δʼ [οὐδʼ] ἄλλην τινὰ ἔγημε γυναῖκα, ἐξ ἧς τινος οἵδε αὐτῷ ἐγένοντο, οὐδεὶς τὸ παράπαν οἶδεν οὐδʼ ἤκουσε πώποτε ζῶντος Εὐκτήμονος. καίτοι τούτους εἰκὸς πιστοτάτους εἶναι νομίζειν μάρτυρας· τοὺς γὰρ οἰκείους εἰδέναι προσήκει τὰ τοιαῦτα. καί μοι τούτους κάλει πρῶτον, καὶ τὰς μαρτυρίας ἀνάγνωθι.

[¶12] 12. Depositions Further, I will prove that our adversaries have actually given evidence in support of these facts. When the interrogations took place before the archon, and my opponents paid money into court in support of their claim that these young men were the legitimate sons of Euctemon, on being asked by us who, and whose daughter, their mother was, they could not supply the information, although we protested and the archon ordered them to reply in accordance with the law. It was surely a strange proceeding, gentlemen, to make a claim on their behalf as legitimate and to lodge a protestation, and yet not be able to state who was their mother or name any of their relatives.

> Greek: 12. Μαρτυρίαι ἔτι τοίνυν καὶ τοὺς ἀντιδίκους ἐπιδείξω ἔργῳ ὑμῖν ταῦτα μεμαρτυρηκότας. ὅτε γὰρ αἱ ἀνακρίσεις ἦσαν πρὸς τῷ ἄρχοντι καὶ οὗτοι παρακατέβαλον ὡς ὑπὲρ γνησίων τῶνδʼ Εὐκτήμονος ὄντων, ἐρωτώμενοι ὑφʼ ἡμῶν τίς εἴη αὐτῶν μήτηρ καὶ ὅτου θυγάτηρ οὐκ εἶχον ἀποδεῖξαι, διαμαρτυρομένων ἡμῶν καὶ τοῦ ἄρχοντος κελεύοντος ἀποκρίνασθαι κατὰ τὸν νόμον. 〈καίτοι ἄτοπον〉, ὦ ἄνδρες, ἀμφισβητεῖν μὲν ὡς ὑπὲρ γνησίων καὶ διαμαρτυρεῖν, μητέρα δὲ ἥτις ἦν μὴ ἔχειν ἀποδεῖξαι, μηδὲ προσήκοντα αὐτοῖς μηδένα.

[¶13] 13. At the time they alleged that she was a Lemnian and so secured a delay; subsequently, when they appeared at the interrogation, without giving time for anyone to ask a question, they immediately declared that the mother was Callippe and that she was the daughter of Pistoxenus, as though it was enough for them merely to produce the name of Pistoxenus. When we asked who he was and whether he was alive or not, they said that he had died on military service in Sicily, leaving a daughter, this Callippe, in the house of Euctemon, and that these two sons were born to her while she was under his guardianship, thus inventing a story surpassing the limits of impudence and quite untrue, as I will prove to you first of all from the answers which they themselves gave.

> Greek: 13. ἀλλὰ τότε μὲν Λημνίαν σκηψάμενοι ταύτην ἀναβολὴν ἐποιήσαντο· τὸ δʼ ὕστερον ἥκοντες εἰς τὴν ἀνάκρισιν, πρὶν καί τινα ἐρέσθαι, εὐθὺς ἔλεγον ὅτι Καλλίππη μήτηρ, αὕτη δʼ εἴη Πιστοξένου θυγάτηρ, ὡς ἐξαρκέσον εἰ ὄνομα μόνον πορίσαιντο τὸν Πιστόξενον. ἐρομένων δʼ ἡμῶν ὅστις εἴη καὶ εἰ ζῇ ἢ μή, ἐν Σικελίᾳ ἔφασαν ἀποθανεῖν στρατευόμενον, καταλιπόντα ταύτην θυγατέρα παρὰ τῷ Εὐκτήμονι, ἐξ ἐπιτροπευομένης δὲ τούτῳ γενέσθαι, πρᾶγμα πλάττοντες ἀναιδείᾳ ὑπερβάλλον καὶ οὐδὲ γενόμενον, ὡς ἐγὼ ὑμῖν ἀποφανῶ ἐκ τούτων πρῶτον ὧν αὐτοὶ ἀπεκρίναντο.

[¶14] 14. Fifty-two years have passed since the Sicilian expedition, reckoning from the date of its departure in the archonship of Arimnestus; yet the elder of these two alleged sons of Callippe and Euctemon has not yet passed his twentieth year. If these years are deducted, more than thirty years still remain since the Sicilian expedition; so that Callippe, if she were thirty years of age, ought to have been no longer under a guardian, nor unmarried and childless, but long ago married, given in marriage either by her guardian, according to the law, or else by an adjudication of the court.

> Greek: 14. τῇ μὲν γὰρ στρατιᾷ, ἀφʼ οὗ ἐξέπλευσεν εἰς Σικελίαν, ἤδη ἐστὶ δύο καὶ πεντήκοντα ἔτη, ἀπὸ Ἀριμνήστου ἄρχοντος, τῷ δὲ πρεσβυτέρῳ τούτων, ὧν φασιν ἐκ τῆς Καλλίππης καὶ τοῦ Εὐκτήμονος εἶναι, οὔπω ὑπὲρ εἴκοσιν ἔτη. ἀφελόντι οὖν ταῦτα ἀπὸ τῶν ἐν Σικελίᾳ ὑπολείπεται πλείω ἢ τριάκοντα ἔτη· ὥστʼ οὔτʼ ἐπιτροπεύεσθαι προσῆκε τὴν Καλλίππην ἔτι, τριακοντοῦτίν γε οὖσαν, οὔτε ἀνέκδοτον καὶ ἄπαιδα εἶναι, ἀλλὰ πάνυ πάλαι συνοικεῖν, ἢ ἐγγυηθεῖσαν κατὰ νόμον ἢ ἐπιδικασθεῖσαν.

[¶15] 15. Furthermore, she must necessarily have been known to the relatives and to the slaves of Euctemon if she had really been married to him and lived so long in the house. It is not enough merely to produce such statements at the interrogations, but it must be proved that the alleged events really took place and they must be supported by the testimony of the relatives.

> Greek: 15. ἔτι δὲ καὶ γιγνώσκεσθαι αὐτὴν ὑπὸ τῶν Εὐκτήμονος οἰκείων ἀναγκαῖον ἦν καὶ ὑπὸ τῶν οἰκετῶν, εἴ πέρ γε συνῴκησεν ἐκείνῳ ἢ διῃτήθη τοσοῦτον χρόνον ἐν τῇ οἰκίᾳ. τὰ γὰρ τοιαῦτα οὐκ εἰς τὴν ἀνάκρισιν μόνον δεῖ πορίζεσθαι [ὀνόματα] ἀλλὰ τῇ ἀληθείᾳ γεγονότα φαίνεσθαι καὶ ὑπὸ τῶν προσηκόντων καταμαρτυρεῖσθαι.

[¶16] 16. When we insisted that they should indicate one of Euctemon's family who knew of anyone of the name of Callippe as having been either married to him or under his guardianship, and that they should make an inquiry from our slaves, or hand over to us for examination any of their slaves who said they had knowledge of these facts, they refused to take any of our slaves for examination or to hand over any of their own to us. Now please read their answer to the interrogation and our depositions and challenges.

> Greek: 16. ἀποδεῖξαι τοίνυν ἡμῶν κελευόντων ὅστις οἶδε τῶν Εὐκτήμονος οἰκείων ἢ συνοικήσασαν ἐκείνῳ τινὰ [ἢ τὴν] Καλλίππην 〈ἢ〉 ἐπιτροπευομένην, καὶ παρὰ τῶν ὄντων 〈ἡμῖν〉 θεραπόντων τὸν ἔλεγχον ποιεῖσθαι, ἢ εἴ τις τῶν παρʼ αὐτοῖς οἰκετῶν φάσκει ταῦτα εἰδέναι, ἡμῖν παραδοῦναι, οὔτε λαβεῖν ἠθέλησαν οὔθʼ ἡμῖν παραδοῦναι. καί μοι λαβὲ τήν τʼ ἀπόκρισιν αὐτῶν καὶ τὰς ἡμετέρας μαρτυρίας καὶ προκλήσεις.

[¶17] 17. Answer to Interrogation, Depositions, Challenges My opponents, then, avoided a mode of proof so vital to their case; but I will show you the origin and position of these men whom my opponents testified to be legitimate and are seeking to establish as heirs of Euctemon's property. It is perhaps painful, gentlemen, to Phanostratus to bring to light the misfortunes of Euctemon; but it is essential that a few facts should be given, so that, knowing the truth, you may more easily give your verdict aright.

> Greek: 17. Ἀπόκρισις Μαρτυρίαι Προκλήσεις οὗτοι μὲν τοίνυν τοιοῦτο πρᾶγμα ἔφυγον· ἐγὼ δʼ ὑμῖν ἐπιδείξω καὶ ὅθεν εἰσὶ καὶ οἵτινες, οὓς γνησίους διεμαρτύρησαν εἶναι καὶ κληρονόμους ζητοῦσι καταστῆσαι τῶν Εὐκτήμονος. ἴσως μέν ἐστιν ἀηδὲς Φανοστράτῳ, ὦ ἄνδρες, τὰς Εὐκτήμονος συμφορὰς φανερὰς καθεστάναι· ὀλίγα δʼ ἀναγκαῖον ῥηθῆναι, ἵνʼ ὑμεῖς τὴν ἀλήθειαν εἰδότες ῥᾷον τὰ δίκαια ψηφίσησθε.

[¶18] 18. Euctemon lived for ninety-six years, and for most of this period had the reputation of being a fortunate man; he possessed considerable property and had children and a wife, and in all other respects enjoyed a reasonable degree of prosperity. In his old age, however, a serious misfortune befell him, which brought ruin to his house, caused him great financial loss, and set him at variance with his nearest relatives.

> Greek: 18. Εὐκτήμων μὲν γὰρ ἐβίω ἔτη ἓξ καὶ ἐνενήκοντα, τούτου δὲ τοῦ χρόνου τὸν μὲν πλεῖστον ἐδόκει εὐδαίμων εἶναι (καὶ γὰρ οὐσία ἦν οὐκ ὀλίγη αὐτῷ καὶ παῖδες καὶ γυνή, καὶ τἆλλʼ ἐπιεικῶς εὐτύχει), ἐπὶ γήρως δὲ αὐτῷ συμφορὰ ἐγένετο οὐ μικρά, ἣ ἐκείνου πᾶσαν τὴν οἰκίαν ἐλυμήνατο καὶ χρήματα πολλὰ διώλεσε καὶ αὐτὸν τοῖς οἰκειοτάτοις εἰς διαφορὰν κατέστησεν.

[¶19] 19. The cause and manner of it I will set forth in the fewest possible words. He had a freed-woman, gentlemen, who managed a tenement-house of his at the Peiraeus and kept prostitutes. As one of these she acquired a woman of the name of Alce, whom I think many of you know. This Alce, after her purchase, lived the life of a prostitute for many years but gave it up when she became too old.

> Greek: 19. ὅθεν δὲ καὶ ὅπως ταῦτʼ ἐγένετο, ὡς ἂν δύνωμαι διὰ βραχυτάτων δηλώσω. ἀπελευθέρα ἦν αὐτοῦ, ὦ ἄνδρες, ἣ ἐναυκλήρει συνοικίαν ἐν Πειραιεῖ αὐτοῦ καὶ παιδίσκας ἔτρεφε. τούτων μίαν ἐκτήσατο ᾗ ὄνομα ἦν Ἀλκή, ἣν καὶ ὑμῶν οἶμαι πολλοὺς εἰδέναι. αὕτη δὲ ἡ Ἀλκὴ ὠνηθεῖσα πολλὰ μὲν ἔτη καθῆστο ἐν οἰκήματι, ἤδη δὲ πρεσβυτέρα οὖσα ἀπὸ μὲν τοῦ οἰκήματος ἀνίσταται.

[¶20] 20. While she was still living in the tenement-house, she had relations with a freedman whose name was Dion, whom she declared to be the father of these young men; and Dion did, in fact, bring them up as his own children. Some time later Dion, having committed a misdemeanor and being afraid of the consequences, withdrew to Sicyon. The woman Alce was then installed by Euctemon to look after his tenement-house in the Cerameicus, near the postern gate, where wine is sold.

> Greek: 20. διαιτωμένῃ δὲ αὐτῇ ἐν τῇ συνοικίᾳ συνῆν ἄνθρωπος ἀπελεύθερος, Δίων ὄνομα αὐτῷ, ἐξ οὗ ἔφη ἐκείνη τούτους γεγονέναι· καὶ ἔθρεψεν αὐτοὺς ὁ Δίων ὡς ὄντας ἑαυτοῦ. χρόνῳ δὲ ὕστερον ὁ μὲν Δίων ζημίαν εἰργασμένος καὶ δείσας ὑπὲρ αὑτοῦ ὑπεχώρησεν εἰς Σικυῶνα· τὴν δʼ ἄνθρωπον ταύτην, τὴν Ἀλκήν, καθίστησιν Εὐκτήμων ἐπιμελεῖσθαι τὴν ἐν Κεραμεικῷ συνοικίας, τῆς παρὰ τὴν πυλίδα, οὗ ὁ οἶνος ὤνιος.

[¶21] 21. Her establishment there, gentlemen, had many evil consequences. Euctemon, going there constantly to collect the rent, used to spend most of his time in the tenement-house, and sometimes took his meals with the woman, leaving his wife and children and his own home. In spite of the protests of his wife and sons, not only did he not cease to go there but eventually lived there entirely, and was reduced to such a condition by drugs or disease or some other cause, that he was persuaded by the woman to introduce the elder of the two boys to the members of his ward under his name.

> Greek: 21. κατοικισθεῖσα δʼ ἐνταυθοῖ πολλῶν καὶ κακῶν ἦρξεν, ὦ ἄνδρες. φοιτῶν γὰρ ὁ Εὐκτήμων ἐπὶ τὸ ἐνοίκιον ἑκάστοτε τὰ πολλὰ διέτριβεν ἐν τῇ συνοικίᾳ, ἐνίοτε δὲ καὶ ἐσιτεῖτο μετὰ τῆς ἀνθρώπου, καταλιπὼν καὶ τὴν γυναῖκα καὶ τοὺς παῖδας καὶ τὴν οἰκίαν ἣν ᾤκει. χαλεπῶς δὲ φερούσης τῆς γυναικὸς καὶ τῶν ὑέων οὐχ ὅπως ἐπαύσατο, ἀλλὰ τελευτῶν παντελῶς διῃτᾶτο ἐκεῖ, καὶ οὕτω διετέθη εἴθʼ ὑπὸ φαρμάκων εἴθʼ ὑπὸ νόσου εἴθʼ ὑπʼ ἄλλου τινός, ὥστε ἐπείσθη ὑπʼ αὐτῆς τὸν πρεσβύτερον τοῖν παίδοιν εἰσαγαγεῖν εἰς τοὺς φράτορας ἐπὶ τῷ αὑτοῦ ὀνόματι.

[¶22] 22. When, however, his son Philoctemon refused to agree to this, and the members of the ward would not admit the boy, and the victim for the sacrifice of admission was removed from the altar, Euctemon, being enraged against his son and wishing to pay him out, announced his intention of marrying a sister of Democrates of Aphidna and recognizing any children who should be born to her and bringing them into the family, unless he consented to allow Alce's son to be introduced.

> Greek: 22. ἐπειδὴ δὲ οὔθʼ ὁ ὑὸς αὐτῷ Φιλοκτήμων συνεχώρει οὔθʼ οἱ φράτορες εἰσεδέξαντο, ἀλλʼ ἀπηνέχθη τὸ κούρειον, ὀργιζόμενος ὁ Εὐκτήμων τῷ ὑεῖ καὶ ἐπηρεάζειν βουλόμενος ἐγγυᾶται γυναῖκα Δημοκράτους τοῦ Ἀφιδναίου ἀδελφήν, ὡς ἐκ ταύτης παῖδας ἀποφανῶν καὶ εἰσποιήσων εἰς τὸν οἶκον, εἰ μὴ συγχωροίη τοῦτον ἐᾶν εἰσαχθῆναι.

[¶23] 23. His relatives, knowing that no more children would be born to him at his time of life but that they would be forthcoming in some other manner, and that, as a result, still more serious quarrels would arise, advised Philoctemon, gentlemen, to allow him to introduce this child on the conditions which he demanded, giving him a single farm.

> Greek: 23. εἰδότες δʼ οἱ ἀναγκαῖοι ὅτι ἐξ ἐκείνου μὲν οὐκ ἂν ἔτι γένοιντο παῖδες ταύτην τὴν ἡλικίαν ἔχοντος, φανήσοιντο δʼ ἄλλῳ τινὶ τρόπῳ, καὶ ἐκ τούτων ἔσοιντο ἔτι μείζους διαφοραί, ἔπειθον, ὦ ἄνδρες, τὸν Φιλοκτήμονα ἐᾶσαι εἰσαγαγεῖν τοῦτον τὸν παῖδα ἐφʼ οἷς ἐζήτει ὁ Εὐκτήμων, χωρίον ἓν δόντα.

[¶24] 24. And Philoctemon, ashamed at his fathers folly but at a loss how to deal with the embarrassment of the moment, made no objection. An agreement having been thus concluded, and the child having been introduced on these terms, Euctemon gave up his project of marriage, proving thereby that the object of his threatened marriage was not to procure children but to obtain the introduction of this child into the ward.

> Greek: 24. καὶ ὁ Φιλοκτήμων αἰσχυνόμενος μὲν ἐπὶ τῇ τοῦ πατρὸς ἀνοίᾳ, ἀπορῶν δʼ ὅ τι χρήσαιτο τῷ παρόντι κακῷ, οὐκ ἀντέλεγεν οὐδέν. ὁμολογηθέντων δὲ τούτων, καὶ εἰσαχθέντος τοῦ παιδὸς ἐπὶ τούτοις, ἀπηλλάγη τῆς γυναικὸς ὁ Εὐκτήμων, καὶ ἐπεδείξατο ὅτι οὐ παίδων ἕνεκα ἐγάμει, ἀλλʼ ἵνα τοῦτον εἰσαγάγοι.

[¶25] 25. For what need had he to marry, Androcles, if these children had been born to him from a marriage with an Athenian citizen, as you have affirmed them to have been in your evidence? If they were legitimate, who could prevent him from introducing them? And why did he introduce them on special terms, when the law ordains that all the legitimate sons have an equal right to share in their father's property?

> Greek: 25. τί γὰρ ἔδει αὐτὸν γαμεῖν, ὦ Ἀνδρόκλεις, εἴ περ οἵδε ἦσαν ἐξ αὐτοῦ καὶ γυναικὸς ἀστῆς, ὡς σὺ μεμαρτύρηκας; τίς γὰρ ἂν γνησίους ὄντας οἷός τε ἦν κωλῦσαι εἰσαγαγεῖν; ἢ διὰ τί ἐπὶ ῥητοῖς αὐτὸν εἰσήγαγε, τοῦ νόμου κελεύοντος ἅπαντας τοὺς γνησίους ἰσομοίρους εἶναι τῶν πατρῴων;

[¶26] 26. And why did he introduce the elder child on special terms, but said not a word about the younger child during the lifetime of Philoctemon either to Philoctemon or to his other relatives? Yet you have explicitly borne witness that they are legitimate and heirs to the property of Euctemon. In proof of the truth of these assertions, read the depositions.

> Greek: 26. ἢ διὰ τί τὸν μὲν πρεσβύτερον τοῖν παίδοιν ἐπὶ ῥητοῖς εἰσήγαγε, τοῦ δὲ νεωτέρου ἤδη γεγονότος οὐδὲ λόγον ἐποιεῖτο ζῶντος Φιλοκτήμονος οὔτε πρὸς αὐτὸν ἐκεῖνον οὔτε πρὸς τοὺς οἰκείους; οὓς σὺ νῦν διαρρήδην μεμαρτύρηκας γνησίους εἶναι καὶ κληρονόμους τῶν Εὐκτήμονος. ταῦτα τοίνυν ὡς ἀληθῆ λέγω, ἀναγίγνωσκε τὰς μαρτυρίας.

[¶27] 27. Depositions It was after this, then, that Philoctemon died by the enemy's hands while commanding a trireme off Chios. Some time later Euctemon informed his sons-in-law that he wished to make a written record of his arrangement with his son and place it in safe place. Phanostratus was on the point of setting out with Timotheus in command of a trireme, and his ship lying at anchor at Munychia, and his brother-in-law Chaereas was there bidding him farewell. Euctemon, taking certain persons with him, came to where the ship was anchored, and having drawn up a document detailing the conditions under which he introduced the child, deposited it in the presence of those men with his relative Pythodorus of Cephisia.

> Greek: 27. Μαρτυρίαι μετὰ ταῦτα τοίνυν ὁ Φιλοκτήμων τριηραρχῶν περὶ Χίον ἀποθνήσκει ὑπὸ τῶν πολεμίων· ὁ δʼ Εὐκτήμων ὕστερον χρόνῳ πρὸς τοὺς κηδεστὰς εἶπεν ὅτι βούλοιτο τὰ πρὸς τὸν ὑόν οἱ πεπραγμένα γράψας καταθέσθαι. καὶ ὁ μὲν Φανόστρατος ἐκπλεῖν ἔμελλε τριηραρχῶν μετὰ Τιμοθέου, καὶ ἡ ναῦς αὐτῷ ἐξώρμει Μουνυχίασι, καὶ ὁ κηδεστὴς Χαιρέας παρὼν συναπέστελλεν αὐτόν· ὁ δʼ Εὐκτήμων παραλαβών τινας ἧκεν οὗ ἐξώρμει ἡ ναῦς, καὶ γράψας διαθήκην, ἐφʼ οἷς εἰσήγαγε τὸν παῖδα, κατατίθεται μετὰ τούτων παρὰ Πυθοδώρῳ Κηφισιεῖ, προσήκοντι αὑτῷ.

[¶28] 28. The very fact that he acted thus is sufficient proof, gentlemen, that Euctemon was not dealing with them as legitimate children, as Androcles has declared in his evidence; for no one ever makes a gift by will of anything to the sons of his own body, because the law of itself gives his father's estate to the son and does not even allow anyone who has legitimate children to dispose of his property.

> Greek: 28. καὶ ὅτι μέν, ὦ ἄνδρες, οὐχ ὡς περὶ γνησίων ἔπραττεν Εὐκτήμων, ὃ Ἀνδροκλῆς μεμαρτύρηκε, καὶ αὐτὸ τοῦτο ἱκανὸν τεκμήριον· τοῖς γὰρ φύσει ὑέσιν αὑτοῦ οὐδεὶς οὐδενὸς ἐν διαθήκῃ γράφει δόσιν οὐδεμίαν, διότι ὁ νόμος αὐτὸς ἀποδίδωσι τῷ ὑεῖ τὰ τοῦ πατρὸς καὶ οὐδὲ διαθέσθαι ἐᾷ ὅτῳ ἂν ὦσι παῖδες γνήσιοι.

[¶29] 29. When the document had remained deposited for almost two years and Chaereas had died, my opponents, having come under the influence of Alce and seeing that the property was going to ruin and that the old age and imbecility of Euctemon gave them an excellent opportunity, made a combined plan of attack.

> Greek: 29. κειμένου δὲ τοῦ γραμματείου σχεδὸν δύʼ ἔτη καὶ τοῦ Χαιρέου τετελευτηκότος, ὑποπεπτωκότες οἵδε τῇ ἀνθρώπῳ, καὶ ὁρῶντες ἀπολλύμενον τὸν οἶκον καὶ τὸ γῆρας καὶ τὴν ἄνοιαν τοῦ Εὐκτήμονος, ὅτι εἴη αὐτοῖς ἱκανὴ ἀφορμή, συνεπιτίθενται.

[¶30] 30. They first urged Euctemon to cancel the will on the ground that it was not to the boys advantage; for no one would have any claim to the real estate on Euctemon's death except the daughters and their issue; whereas, if he sold part of the property and left it in cash, they would get secure possession of it.

> Greek: 30. καὶ πρῶτον μὲν πείθουσι τὸν Εὐκτήμονα τὴν μὲν διαθήκην ἀνελεῖν ὡς οὐ χρησίμην οὖσαν τοῖς παισί· τῆς γὰρ φανερᾶς οὐσίας οὐδένα κύριον ἔσεσθαι τελευτήσαντος Εὐκτήμονος ἄλλον ἢ τὰς θυγατέρας καὶ τοὺς ἐκ τούτων γεγονότας· εἰ δὲ ἀποδόμενός τι τῶν ὄντων ἀργύριον καταλίποι, τοῦτο βεβαίως ἕξειν αὐτούς.

[¶31] 31. Euctemon listened to them and immediately demanded the document back from Pythodorus and served upon him a summons to produce it. When Pythodorus appeared before the archon, Euctemon stated that he wished to annul the will.

> Greek: 31. ἀκούσας δʼ ὁ Εὐκτήμων εὐθὺς ἀπῄτει τὸν Πυθόδωρον τὸ γραμματεῖον, καὶ προσεκαλέσατο εἰς ἐμφανῶν κατάστασιν. καταστάντος δὲ ἐκείνου πρὸς τὸν ἄρχοντα, ἔλεγεν ὅτι βούλοιτʼ ἀνελέσθαι τὴν διαθήκην.

[¶32] 32. Pythodorus was prepared to agree with Euctemon and Phanostratus, who was present, that the document should be destroyed; but, as Chaereas, who had been a party to its deposition, had left an only daughter, he suggested that it should be destroyed only in the presence of her legal representative, and the archon decided in favor of this course. Euctemon, after agreeing to this in the presence of the archon and his assessors, called many persons to witness that the will deposited by him no longer existed and then went his way.

> Greek: 32. ἐπειδὴ δʼ ὁ Πυθόδωρος ἐκείνῳ μὲν καὶ τῷ Φανοστράτῳ παρόντι ὡμολόγει ἀναιρεῖν, τοῦ δὲ Χαιρέου τοῦ συγκαταθεμένου θυγάτηρ ἦν μία, ἧς ἐπειδὴ κύριος κατασταίη, τότε ἠξίου ἀνελεῖν, καὶ ὁ ἄρχων οὕτως ἐγίγνωσκε, διομολογησάμενος ὁ Εὐκτήμων ἐναντίον τοῦ ἄρχοντος καὶ τῶν παρέδρων καὶ ποιησάμενος πολλοὺς μάρτυρας ὡς οὐκέτʼ αὐτῷ κέοιτο ἡ διαθήκη, ᾤχετο ἀπιών.

[¶33] 33. In a very short time—and this was the object of their advice to Euctemon to annul the will—he sold a farm at Athmonon to Antiphanes for seventy-five minas and the bath-house at Serangion to Aristolochus for 3000 drachmas; and he realized a mortgage of forty-five minas on a house in Athens from the hierophant. Further, he sold some goats with their goat-herd for thirteen minas and two pairs of mules, one for eight minas and the other for five hundred and fifty drachmas, and all the slaves he had that were craftsmen.

> Greek: 33. καὶ ἐν πάνυ ὀλίγῳ χρόνῳ, οὗπερ ἕνεκα οὗτοι λῦσαι αὐτὸν ἔπεισαν, ἀποδίδοται ἀγρὸν μὲν Ἀθμονοῖ πέντε καὶ ἑβδομήκοντα μνῶν Ἀντιφάνει, τὸ δʼ ἐν Σηραγγίῳ βαλανεῖον τρισχιλίων Ἀριστολόχῳ· οἰκίαν δὲ ἐν ἄστει τεττάρων καὶ τεσσαράκοντα μνῶν ὑποκειμένην ἀπέλυσε τῷ ἱεροφάντῃ. ἔτι δὲ αἶγας ἀπέδοτο σὺν τῷ αἰπόλῳ τριῶν καὶ δέκα μνῶν, καὶ ζεύγη δύο ὀρικά, τὸ μὲν ὀκτὼ μνῶν τὸ δὲ πεντήκοντα καὶ πεντακοσίων δραχμῶν, καὶ δημιουργοὺς ὅσοι ἦσαν αὐτῷ.

[¶34] 34. In all, the value of the property which he hurriedly sold after Philoctemon's death, was more than three talents. And to prove that I am speaking the truth, I will first call witnesses in support of each of my statements.

> Greek: 34. σύμπαντα δὲ πλείονος ἢ τριῶν ταλάντων, ἃ ἐπράθη διὰ ταχέων πάνυ τελευτήσαντος Φιλοκτήμονος. καὶ ταῦθʼ ὅτι ἀληθῆ λέγω, καθʼ ἕκαστον ὑμῖν τῶν εἰρημένων πρῶτον καλῶ τοὺς μάρτυρας.

[¶35] 35. Witnesses So much for these transactions. They then immediately began scheming to obtain the rest of the property and planned the most outrageous plot of all, which merits your careful attention. Seeing that Euctemon was completely incapacitated by old age and could not even leave his bed, they began to look about for a means whereby all his property should be under their control after his death. And what did they do?

> Greek: 35. 〈Μάρτυρες〉 ταῦτα μὲν δὴ τοῦτον τὸν τρόπον εἶχε· περὶ δὲ τῶν ὑπολοίπων εὐθὺς ἐπεβούλευον, καὶ πάντων δεινότατον πρᾶγμα κατεσκεύασαν, ᾧ ἄξιόν ἐστι προσέχειν τὸν νοῦν. ὁρῶντες γὰρ τὸν Εὐκτήμονα κομιδῇ ἀπειρηκότα ὑπὸ γήρως καὶ οὐδʼ 〈ἐκ〉 τῆς κλίνης ἀνίστασθαι δυνάμενον, ἐσκόπουν ὅπως καὶ τελευτήσαντος ἐκείνου διʼ αὑτῶν ἔσοιτο ἡ οὐσία.

[¶36] 36. They inscribed these two boys before the archon as adopted children of the sons of Euctemon who had died, inscribing themselves as guardians, and requested the archon to grant a lease of the house-property as being the property of orphans, in order that part of the property might be leased and part might be used as a security, and mortgage notices adfixed to it in the children's names during the lifetime of Euctemon, and they themselves might become lessees and receive the income.

> Greek: 36. καὶ τί ποιοῦσιν; ἀπογράφουσι τὼ παῖδε τούτω πρὸς τὸν ἄρχοντα ὡς εἰσποιήτω τοῖς τοῦ Εὐκτήμονος ὑέσι τοῖς τετελευτηκόσιν, ἐπιγράψαντες σφᾶς αὐτοὺς ἐπιτρόπους, καὶ μισθοῦν ἐκέλευον τὸν ἄρχοντα τοὺς οἴκους ὡς ὀρφανῶν ὄντων, ὅπως ἐπὶ τοῖς τούτων ὀνόμασι τὰ μὲν μισθωθείη τῆς οὐσίας, τὰ δὲ ἀποτιμήματα κατασταθείη καὶ ὅροι τεθεῖεν ζῶντος ἔτι τοῦ Εὐκτήμονος, μισθωταὶ δὲ αὐτοὶ γενόμενοι τὰς προσόδους λαμβάνοιεν.

[¶37] 37. On the first day that the courts met, the archon put the lease up for auction and they offered to lease the property. Certain persons, however, who were present, denounced the plot to the relatives, and they came and informed the judges of the real state of affairs. The result was that the judges voted against allowing the houses to be leased. If the plot had not been detected, the whole property would have been lost. Please call as witnesses those who were present.

> Greek: 37. καὶ ἐπειδὴ πρῶτον τὰ δικαστήρια ἐπληρώθη, ὁ μὲν ἄρχων προεκήρυττεν, οἱ δʼ ἐμισθοῦντο. παραγενόμενοι δέ τινες ἐξαγγέλλουσι τοῖς οἰκείοις τὴν ἐπιβουλήν, καὶ ἐλθόντες ἐδήλωσαν τὸ πρᾶγμα τοῖς δικασταῖς, καὶ οὕτως ἀπεχειροτόνησαν οἱ δικασταὶ μὴ μισθοῦν τοὺς οἴκους· εἰ δʼ ἔλαθεν, ἀπωλώλει ἂν ἅπασα ἡ οὐσία. καί μοι κάλει τοὺς παραγενομένους μάρτυρας.

[¶38] 38. Witnesses Before my opponents had made the woman's acquaintance and plotted with her against Euctemon, he and his son Philoctemon possessed so large a fortune that both of them were able to undertake the most costly public offices without realizing any of their capital, and at the same time to save out of their income, so that they continually grew richer. After the death of Philoctemon, on the other hand, the property was reduced to such a condition that less than half the capital remains and all the revenues have disappeared.

> Greek: 38. Μάρτυρες πρὶν μὲν τοίνυν τούτους γνωρίσαι τὴν ἄνθρωπον καὶ μετʼ ἐκείνης ἐπιβουλεῦσαι Εὐκτήμονι, οὕτω πολλὴν οὐσίαν ἐκέκτητο Εὐκτήμων μετὰ τοῦ ὑέος Φιλοκτήμονος, ὥστε ἅμα τά τε μέγιστα ὑμῖν λῃτουργεῖν ἀμφοτέρους τῶν τε ἀρχαίων μηδὲν πραθῆναι τῶν τε προσόδων περιποιεῖν, ὥστε ἀεί τι προσκτᾶσθαι· ἐπειδὴ δʼ ἐτελεύτησε Φιλοκτήμων, οὕτω διετέθη ἡ οὐσία, ὥστε τῶν ἀρχαίων μηδὲ τὰ ἡμίσεα εἶναι λοιπὰ καὶ τὰς προσόδους ἁπάσας ἠφανίσθαι.

[¶39] 39. And they were not even content, gentlemen, with this misappropriation; but, when Euctemon died, they had the impudence, while he was lying dead in the house, to shut up the slaves, so that none of them might take the news to his two daughters or to his wife or to any of his relatives. Meanwhile, with the aid of the woman they conveyed the furniture from within to the adjoining house, which was leased and occupied by one of their gang, the infamous Antidorus.

> Greek: 39. καὶ οὐδὲ ταῦτα ἐξήρκεσεν αὐτοῖς διαφορῆσαι, ὦ ἄνδρες, ἀλλʼ ἐπειδὴ καὶ ἐτελεύτησεν ὁ Εὐκτήμων, εἰς τοῦτο ἦλθον τόλμης ὥστʼ ἐκείνου κειμένου ἔνδον τοὺς μὲν οἰκέτας ἐφύλαττον, ὅπως μηδεὶς ἐξαγγείλειε μήτε τοῖν θυγατέροιν μήτε τῇ γυναικὶ αὐτοῦ μήτε τῶν οἰκείων μηδενί, τὰ δὲ χρήματα ἔνδοθεν ἐξεφορήσαντο μετὰ τῆς ἀνθρώπου εἰς τὴν ὁμότοιχον οἰκίαν, ἣν ᾤκει μεμισθωμένος εἷς τούτων, Ἀντίδωρος ἐκεῖνος.

[¶40] 40. When Euctemon's daughters and wife arrived, having learnt the news from others, even then they refused them admittance and shut the door in their faces, declaring that it was not their business to bury Euctemon. They only obtained admittance with difficulty about sunset.

> Greek: 40. καὶ οὐδʼ ἐπειδὴ ἑτέρων πυθόμεναι ἦλθον αἱ θυγατέρες αὐτοῦ καὶ ἡ γυνή, οὐδὲ τότε εἴων εἰσιέναι, ἀλλʼ ἀπέκλεισαν τῇ θύρᾳ, φάσκοντες οὐ προσήκειν αὐταῖς θάπτειν Εὐκτήμονα· καὶ οὐδʼ εἰσελθεῖν ἐδύναντο, εἰ μὴ μόλις καὶ περὶ ἡλίου δυσμάς.

[¶41] 41. When they entered, they found that he had been dead in the house for two days, as the slaves declared, and that everything in the house had been carried off by these people. While the women, as was right, were attending to the deceased, my clients here immediately called the attention of those who had accompanied them to the state of affairs in the house, and began by asking the slaves in their presence to what place the furniture had been removed.

> Greek: 41. εἰσελθοῦσαι δὲ κατέλαβον ἐκεῖνον μὲν ἔνδον ἔνδον κείμενον δευτεραῖον, ὡς ἔφασαν οἱ οἰκέται, τὰ δʼ ἐκ τῆς οἰκίας ἅπαντα ἐκπεφορημένα ὑπὸ τούτων. αἱ μὲν οὖν γυναῖκες, οἷον εἰκός, περὶ τὸν τετελευτηκότα ἦσαν· οὗτοι δὲ τοῖς ἀκολουθήσασι παραχρῆμα ἐπεδείκνυσαν τὰ ἔνδον ὡς εἶχε, καὶ τοὺς οἰκέτας πρῶτον ἠρώτων ἐναντίον τούτων ὅποι τετραμμένα εἴη τὰ χρήματα.

[¶42] 42. When they replied that our opponents had conveyed it away to the next house, and my clients immediately claimed the right to search the house in the proper legal manner, and requested that the slaves who had removed it should be produced, our opponents refused to accede to any of their just demands. And to prove that I am speaking the truth, take and read these documents.

> Greek: 42. λεγόντων δὲ ἐκείνων ὅτι οὗτοι ἐξενηνοχότες εἶεν εἰς τὴν πλησίον οἰκίαν, καὶ ἀξιούντων παραχρῆμα τῶνδε φωρᾶν κατὰ τὸν νόμον καὶ τοὺς οἰκέτας ἐξαιτούντων τοὺς ἐκφορήσαντας, οὐκ ἠθέλησαν τῶν δικαίων οὐδὲν ποιῆσαι. καὶ ὅτι ἀληθῆ λέγω, λαβὲ ταυτὶ καὶ ἀνάγνωθι.

[¶43] 43. Depositions Having removed all this furniture from the house, and sold so much property and kept the proceeds, and having further made away with the revenue which accrued during that period, they yet expect to obtain possession of what remains; and their impudence is such that, not daring to bring a direct action, they lodged a protestation—as though it were a question of legitimate children—which is at once false and in contradiction to their own previous action.

> Greek: 43. 〈Μαρτυρίαι〉 τοσαῦτα μὲν τοίνυν χρήματα ἐκ τῆς οἰκίας ἐκφορήσαντες, τοσαύτης δʼ οὐσίας πεπραμένης τὴν τιμὴν ἔχοντες, ἔτι δὲ τὰς προσόδους τὰς ἐν ἐκείνῳ τῷ χρόνῳ γενομένας διαφορήσαντες, οἴονται καὶ τῶν λοιπῶν κύριοι γενήσεσθαι· καὶ εἰς τοῦτο ἀναιδείας ἥκουσιν, ὥστʼ εὐθυδικίᾳ μὲν οὐκ ἐτόλμησαν εἰσελθεῖν, ἀλλὰ διεμαρτύρουν ὡς ὑπὲρ γνησίων ἅμα μὲν τὰ ψευδῆ ἅμα δὲ τἀναντία οἷς αὐτοὶ ἔπραξαν·

[¶44] 44. For, whereas they had inscribed the children before the archon, one as the son of Philoctemon and the other as the son of Ergamenes, they have now stated in their protestation that they are the sons of Euctemon. Yet if they were Euctemon's legitimate sons and had afterwards been adopted, as our opponent states, even so they cannot be described as the sons of Euctemon: for the law does not allow the return of an adopted son to his original family, unless he leaves a legitimate son in the family which he quits. So that in the light of their own acts their evidence is necessarily untrue.

> Greek: 44. οἵτινες πρὸς μὲν τὸν ἄρχοντα ἀπέγραψαν αὐτοὺς ὡς ὄντας τὸν μὲν Φιλοκτήμονος τὸν δʼ Ἐργαμένους, νῦν δὲ διαμεμαρτυρήκασιν Εὐκτήμονος εἶναι. καίτοι οὐδʼ εἰ γνήσιοι ἦσαν, εἰσποίητοι δέ, ὡς οὗτοι ἔφασαν, οὐδʼ οὕτω προσήκει αὐτοὺς Εὐκτήμονος εἶναι· ὁ γὰρ νόμος οὐκ ἐᾷ ἐπανιέναι, ἐὰν μὴ ὑὸν καταλίπῃ γνήσιον. ὥστε καὶ ἐξ ὧν αὐτοὶ ἔπραξαν ἀνάγκη τὴν μαρτυρίαν ψευδῆ εἶναι.

[¶45] 45. If our opponents had then so contrived that the houses were leased, my clients would no longer have been able to claim them; but, as it is, since the judges decided against them as having no right, they have not dared to put in a claim, but, to put the finishing touch to their impudence, they have submitted additional evidence to the effect that these young men, whom you excluded by your verdict, are heirs.

> Greek: 45. καὶ εἰ μὲν τότε διεπράξαντο μισθωθῆναι τοὺς οἴκους, οὐκ ἂν ἔτι ἦν τοῖσδε ἀμφισβητῆσαι· νῦν δὲ ἀποχειροτονησάντων τῶν δικαστῶν ὡς οὐδὲν αὐτοῖς προσῆκον, οὐδὲ ἀμφισβητῆσαι τετολμήκασιν, ἀλλὰ πρὸς ὑπερβολὴν ἀναισχυντίας προσμεμαρτυρήκασι τούτους εἶναι κληρονόμους, οὓς ὑμεῖς ἀπεχειροτονήσατε.

[¶46] 46. Further, mark the effrontery and impudence of the witness himself, who has claimed for himself Euctemon's daughter as being an heiress and a fifth part of Euctemon's estate as being adjudicable, while he has given evidence that Euctemon has a legitimate son. In doing so does he not clearly convict himself of having given false evidence? For obviously, if Euctemon had a legitimate son, his daughter could not be heiress or the estate adjudicable. To prove, then, that he made these claims, the clerk shall read you the depositions.

> Greek: 46. ἔτι δὲ καὶ τοῦ μάρτυρος αὐτοῦ σκέψασθε τὴν τόλμαν καὶ ἀναίδειαν, ὅστις εἴληχε μὲν αὑτῷ τῆς θυγατρὸς τῆς Εὐκτήμονος ὡς οὔσης ἐπικλήρου, καὶ αὐτοῦ τοῦ κλήρου τοῦ Εὐκτήμονος πέμπτου μέρους ὡς ἐπιδίκου ὄντος, μεμαρτύρηκε δʼ Εὐκτήμονος ὑὸν εἶναι γνήσιον. καίτοι πῶς οὗτος οὐ σαφῶς ἐξελέγχει αὐτὸς αὑτὸν τὰ ψευδῆ μεμαρτυρηκότα; οὐ γὰρ δήπου γνησίου ὄντος ὑέος Εὐκτήμονι ἐπίκληρος ἂν ἦν ἡ θυγάτηρ αὐτοῦ, οὐδὲ ὁ κλῆρος ἐπίδικος. ὡς τοίνυν ἔλαχε ταύτας τὰς λήξεις, ἀναγνώσεται ὑμῖν τὰς μαρτυρίας.

[¶47] 47. Depositions Thus the contrary has been done of that which the law has prescribed; for according to the law no male or female bastard has any right, based on kinship, to participate in the cults or property of a family since the archonship of Eucleides; yet Androcles and Antidorus consider themselves entitled to rob the legitimate daughters of Euctemon and their issue, and to possess the property both of Euctemon and of Philoctemon.

> Greek: 47. 〈Μαρτυρίαι〉 τοὐναντίον τοίνυν συμβέβηκεν ἢ ὡς ὁ νόμος γέγραπται· ἐκεῖ μὲν γὰρ ἐστι νόθῳ μηδὲ νόθῃ 〈μὴ〉 εἶναι ἀγχιστείαν μήθʼ ἱερῶν μήθʼ ὁσίων ἀπʼ Εὐκλείδου ἄρχοντος, Ἀνδροκλῆς δὲ καὶ Ἀντίδωρος οἴονται δεῖν, ἀφελόμενοι τὰς Εὐκτήμονος θυγατέρας τὰς γνησίας καὶ τοὺς ἐκ τούτων γεγονότας, τόν τε Εὐκτήμονος οἶκον καὶ τὸν Φιλοκτήμονος ἔχειν.

[¶48] 48. And the woman who destroyed Euctemon's reason and laid hold of so much property is so insolent, that relying on the help of our opponents, she shows her contempt not only for the members of Euctemon's family but for the whole city. When you have heard a single instance, you will easily realize the lawlessness of her conduct. Please take and read this law.

> Greek: 48. καὶ ἡ διαφθείρασα τὴν Εὐκτήμονος γνώμην καὶ πολλῶν ἐγκρατὴς γενομένη οὕτως ὑβρίζει σφόδρα πιστεύουσα τούτοις, ὥστε οὐ μόνον τῶν Εὐκτήμονος οἰκείων καταφρονεῖ, ἀλλὰ καὶ τῆς πόλεως ἁπάσης. ἀκούσαντες δὲ ἓν μόνον σημεῖον ῥᾳδίως γνώσεσθε τὴν ἐκείνης παρανομίαν. καὶ μοι λαβὲ τοῦτον τὸν νόμον.

[¶49] 49. Law Such are the solemn and pious terms in which you gave legal expression to the importance which you attach to piety towards these goddesses and all the other deities. Yet the mother of these young men, being admittedly a slave, and having always lived a scandalous life, who ought never to have entered the temple and seen any of the rites performed there, had the effrontery to join in the procession when a sacrifice was being made in honor of these goddesses and to enter the temple and see what she had no right to see.

> Greek: 49. 〈Νόμος〉 ταυτὶ τὰ γράμματα, ὦ ἄνδρες, ὑμεῖς, οὕτω σεμνὰ καὶ εὐσεβῆ ἐνομοθετήσατε, περὶ πολλοῦ ποιούμενοι καὶ πρὸς ταύτας καὶ πρὸς τοὺς ἄλλους θεοὺς εὐσεβεῖν· ἡ δὲ τούτων μήτηρ, οὕτως ὁμολογουμένως οὖσα δούλη καὶ ἅπαντα τὸν χρόνον αἰσχρῶς βιοῦσα, ἣν οὔτε παρελθεῖν εἴσω τοῦ ἱεροῦ ἔδει οὔτʼ ἰδεῖν τῶν ἔνδον οὐδέν, οὔσης τῆς θυσίας ταύταις ταῖς θεαῖς ἐτόλμησε συμπέμψαι τὴν πομπὴν καὶ εἰσελθεῖν εἰς τὸ ἱερὸν καὶ ἰδεῖν ἃ οὐκ ἐξῆν αὐτῇ.

[¶50] 50. That I am speaking the truth you will learn from the decrees which the Council passed concerning her. Take this decree.

> Greek: 50. ὡς δὲ ἀληθῆ λέγω, ἐκ τῶν ψηφισμάτων γνώσεσθε ἃ ἐψηφίσατο ἡ βουλὴ περὶ αὐτῆς. λαβὲ τὸ ψήφισμα.

[¶51] 51. Decree You have, therefore, gentlemen, to consider whether this woman's son ought to he heir to Philoctemon's property and go to the family tombs to offer libations and sacrifices, or my client, Philoctemon's sister's son, whom he himself adopted; and whether Philoctemon's sister, formerly the wife of Chaereas and now a widow, ought to pass into the power of our opponents and be married to anyone they choose or else be allowed to grow old in widowhood, or whether, as a legitimate daughter, she ought to be subject to your decision as to whom she ought to marry.

> Greek: 51. Ψήφισμα ἐνθυμεῖσθαι τοίνυν χρή, ὦ ἄνδρες, πότερον δεῖ τὸν ἐκ ταύτης τῶν Φιλοκτήμονος εἶναι κληρονόμον καὶ ἐπὶ τὰ μνήματα ἰέναι χεόμενον καὶ ἐναγιοῦντα, ἢ τὸν ἐκ τῆς ἀδελφῆς τοῦτον, ὃν ὑὸν αὐτὸς ἐποιήσατο· καὶ πότερον δεῖ τὴν ἀδελφὴν Φιλοκτήμονος, ἣ Χαιρέᾳ συνῴκησε, νῦν δὲ χηρεύει, ἐπὶ τούτοις γενέσθαι ἢ ἐκδοῦναι ὅτῳ βούλονται ἢ ἐᾶν καταγηράσκειν, ἢ γνησίαν οὖσαν ὑφʼ ὑμῶν ἐπιδικασθεῖσαν συνοικεῖν ὅτῳ ἂν ὑμῖν δοκῇ.

[¶52] 52. These are the points which you have now to decide by your verdict; for the purpose of their protestation is to throw all the risk upon my clients, and that our opponents, even if they lose their case on this occasion and the estate is held to be adjudicable, may, by bringing forward a competing claim, fight a second action about the same property. Yet if Philoctemon disposed of his property by will when he was not entitled to do so, the point against which they ought to have protested is that he was not legally capable of adopting my client as his son; but if is lawful to make a will, and our opponent claims on the ground that Philoctemon made no donation or will, he ought not to have hindered proceedings by a protestation, but to have proceeded by means of a direct action.

> Greek: 52. ἡ γὰρ ψῆφός ἐστι περὶ τούτων νυνί. τουτὶ γὰρ αὐτοῖς ἡ διαμαρτυρία δύναται, ἵνʼ ὁ κίνδυνος τοῖσδε μὲν ᾖ περὶ πάντων, οὗτοι δὲ κἂν νῦν διαμάρτωσι τοῦ ἀγῶνος, δόξῃ δὲ ὁ κλῆρος ἐπίδικος εἶναι, ἀντιγραψάμενοι δὶς περὶ τῶν αὐτῶν ἀγωνίζωνται, καίτοι εἰ μὲν διέθετο Φιλοκτήμων μὴ ἐξὸν αὐτῷ, τοῦτʼ αὐτὸ ἐχρῆν διαμαρτυρεῖν, ὡς οὐ κύριος ἦν ὑὸν τόνδε ποιήσασθαι· εἰ δʼ ἔξεστι μὲν διαθέσθαι, ἀμφισβητεῖ δὲ ὡς οὐ δόντος οὐδὲ διαθεμένου, μὴ διαμαρτυρίᾳ κωλύειν ἀλλʼ εὐθυδικίᾳ εἰσιέναι.

[¶53] 53. As it is, what clearer method is there of convicting him of perjury than by putting the following question to him: “How do you know, Androcles, that Philoctemon neither made a will nor adopted Chaerestratus as his son?” For when a man has been present, gentlemen, it is just that he should give evidence of what he has seen, and when he has not been present but has heard someone else describe what happened, he can give evidence by hearsay;

> Greek: 53. νῦν δὲ πῶς ἄν [τις] περιφανέστερον ἐξελεγχθείη τὰ ψευδῆ μεμαρτυρηκὼς ἢ εἴ τις αὐτὸν ἔροιτο “Ἀνδρόκλεις, πῶς οἶσθα Φιλοκτήμονʼ ὅτι οὔτε διέθετο οὔτε ὑὸν Χαιρέστρατον ἐποιήσατο;” οἷς μὲν γάρ τις παρεγένετο, δίκαιον, ὦ ἄνδρες, μαρτυρεῖν, οἷς δὲ μὴ παρεγένετο ἀλλʼ ἤκουσέ τινος, ἀκοὴν μαρτυρεῖν·

[¶54] 54. but you, though you were not present, have given explicit evidence that Philoctemon made no will and died childless. How, gentlemen, can he possibly know this? It is as though he were to say, not having been present, that he knows about all the acts of you all. Impudent as he is, he will scarcely assert that he was present at and is acquainted with all the acts of Philoctemon's life;

> Greek: 54. σὺ δʼ οὐ παραγενόμενος διαρρήδην μεμαρτύρηκας ὡς οὐ διέθετο Φιλοκτήμων, ἀλλʼ ἄπαις ἐτελεύτησε. καίτοι πῶς οἷόν τε εἰδέναι, ὦ ἄνδρες; ὅμοιον γὰρ ὥσπερ ἂν εἰ φαίη εἰδέναι, καὶ μὴ παραγενόμενος, ὅσα ὑμεῖς πάντες πράττετε. οὐ γὰρ δὴ τοῦτό γε ἐρεῖ, καίπερ ἀναίσχυντος ὤν, ὡς ἅπασι παρεγένετο καὶ πάντʼ οἶδεν ὅσα Φιλοκτήμων ἐν τῷ βίῳ διεπράξατο.

[¶55] 55. for Philoctemon regarded him as his bitterest enemy, both because of his general bad character, and because he was the only one of his kinsmen who, in league with the infamous Alce, plotted with this friend of his and his other accomplices against the property of Euctemon, and committed the acts which I have described to you.

> Greek: 55. πάντων γὰρ αὐτὸν ἐκεῖνος ἔχθιστον ἐνόμιζε διά 〈τε〉 τὴν ἄλλην πονηρίαν, καὶ διότι τῶν συγγενῶν μόνος μετὰ τῆς Ἀλκῆς ἐκείνης τούτῳ καὶ τοῖς ἄλλοις συνεπιβουλεύσας τοῖς τοῦ Εὐκτήμονος χρήμασι τοιαῦτα διεπράξατο, οἷά περ ὑμῖν ἀπέδειξα.

[¶56] 56. But what calls for the greatest indignation is the wicked use which our opponents make of the name of Euctemon, my client's grandfather. For if, as they assert, Philoctemon had no right to make a will, and the estate was Euctemon's, who have a better right to inherit Euctemon's property? His daughters, who are admittedly legitimate, and we who are their sons?

> Greek: 56. πάντων δὲ μάλιστα ἀγανακτῆσαί ἐστιν ἄξιον, ὅταν οὗτοι καταχρῶνται τῷ Εὐκτήμονος ὀνόματι τοῦ τουδὶ πάππου. εἰ γάρ, ὡς οὗτοι λέγουσι, τῷ μὲν Φιλοκτήμονι μὴ ἐξῆν διαθέσθαι, τοῦ δʼ Εὐκτήμονός ἐστιν ὁ κλῆρος, πότερον δικαιότερον τῶν Εὐκτήμονος κληρονομεῖν τὰς ἐκείνου θυγατέρας, ὁμολογουμένως οὔσας γνησίας, καὶ ἡμᾶς τοὺς ἐκ τούτων γεγονότας, ἢ τοὺς οὐδὲν προσήκοντας, οἳ οὐ μόνον ὑφʼ ἡμῶν ἐλέγχονται, ἀλλὰ καὶ ἐξ ὧν αὐτοὶ ἐπίτροποι διαπεπραγμένοι εἰσί;

[¶57] 57. Or men who bear no relation to him, and whose claims are refuted not only by you but also by the acts which they have themselves committed as guardians? For I beg and earnestly beseech you, gentlemen, to remember the point which I put before you a short while ago, that Androcles here declares that he is guardian of my clients as being the legitimate sons of Euctemon, and has also himself claimed for himself the estate of Euctemon and his daughter as heiress; and evidence of this has been placed before you.

> Greek: 57. τοῦτο γὰρ ὑμῶν δέομαι καὶ ἱκετεύω σφόδρα μεμνῆσθαι, ὦ ἄνδρες, ὅπερ ὀλίγῳ πρότερον ἀπέδειξα ὑμῖν, ὅτι Ἀνδροκλῆς οὑτοσὶ φησὶ μὲν εἶναι ἐπίτροπος αὐτῶν ὡς ὄντων γνησίων Εὐκτήμονος, εἴληχε δʼ αὐτὸς [ἐφʼ] ἑαυτῷ τοῦ Εὐκτήμονος κλήρου καὶ τῆς θυγατρὸς αὐτοῦ ὡς οὔσης ἐπικλήρου· καὶ ταῦτα μεμαρτύρηται ὑμῖν.

[¶58] 58. By the gods of Olympus, is it not extraordinary, gentlemen, that, if the children are legitimate, their guardian should claim for himself the estate of Euctemon and his daughter as an heiress, and, if they are not legitimate, that he should have given evidence now in support of their legitimacy? For these acts are the very contrary of one another; so that he is convicted of perjury not only by us but by his own acts.

> Greek: 58. καίτοι πῶς οὐ δεινόν, ὦ ἄνδρες, πρὸς θεῶν Ὀλυμπίων, εἰ μὲν οἱ παῖδές εἰσι γνήσιοι, τὸν ἐπίτροπον ἑαυτῷ λαγχάνειν τοῦ Εὐκτήμονος κλήρου καὶ τῆς θυγατρὸς αὐτοῦ ὡς οὔσης ἐπιδίκου, εἰ δὲ μή εἰσι γνήσιοι, νῦν διαμεμαρτυρηκέναι ὡς εἰσὶ γνήσιοι; ταῦτα γὰρ αὐτὰ ἑαυτοῖς ἐναντία ἐστίν. ὥστʼ οὐ μόνον ὑφʼ ἡμῶν ἐλέγχεται τὰ ψευδῆ διαμεμαρτυρηκώς, ἀλλὰ καὶ ἐξ ὧν αὐτὸς πράττει.

[¶59] 59. No one is putting in a protestation that the estate is not adjudicable, and Androcles was at liberty to proceed by means of a direct action; now he is depriving everyone else of their right to claim. Having explicitly stated in his evidence that the children are legitimate, he thinks that you will be satisfied with rhetorical digressions, and that if he does not attempt to prove his point or dwells only very lightly upon it, but rails against us in a loud voice and says that my clients are rich, while he is poor—all this will make it appear that the children are legitimate.

> Greek: 59. καὶ τούτῳ μὲν οὐδεὶς διαμαρτυρεῖ μὴ ἐπίδικον εἶναι τὸν κλῆρον, ἀλλʼ εὐθυδικίᾳ εἰσιέναι 〈ἐξῆν〉, οὗτος δʼ ἅπαντας ἀποστερεῖ τῆς ἀμφισβητήσεως. καὶ διαρρήδην μαρτυρήσας γνησίους τοὺς παῖδας εἶναι, οἴεται ἐξαρκέσειν ὑμῖν παρεκβάσεις, ἐὰν δὲ τοῦτο μὲν μηδʼ ἐγχειρήσῃ ἐπιδεικνύναι ἢ καὶ κατὰ μικρόν τι ἐπιμνησθῇ, ἡμῖν δὲ λοιδορήσηται μεγάλῃ τῇ φωνῇ καὶ λέγῃ ὡς εἰσὶν οἵδε μὲν πλούσιοι αὐτὸς δὲ πένης, διὰ δὲ ταῦτα δόξειν τοὺς παῖδας εἶναι γνησίους.

[¶60] 60. Now the family fortune, gentlemen, is being spent rather upon the city than upon the members of the family themselves. Phanostratus has already been trierarch seven times, and he has performed all the public services and has generally been victorious. Chaerestratus here, young as he is, has been trierarch; he has been choregus in the tragic competitions; he has been gymnasiarch at the torch-races. Both of them have paid all the special war-taxes, being numbered among the three hundred. Formerly only these two members of the family contributed, but now the younger son here is choregus in the tragic competitions and has been enrolled among the three hundred and pays the war-tax.

> Greek: 60. τῆς δὲ τούτων οὐσίας, ὦ ἄνδρες, εἰς τὴν πόλιν πλείω ἀναλίσκεται ἢ εἰς αὐτοὺς τούτους. καὶ Φανόστρατος μὲν τετριηράρχηκεν ἑπτάκις ἤδη, τὰς δὲ λῃτουργίας ἁπάσας λελῃτούργηκε καὶ τὰς πλείστας νίκας νενίκηκεν· οὑτοσὶ δὲ Χαιρέστρατος τηλικοῦτος ὢν τετριηράρχηκε, κεχορήγηκε δὲ τραγῳδοῖς, γεγυμνασιάρχηκε δὲ λαμπάδι· καὶ τὰς εἰσφορὰς εἰσενηνόχασιν ἀμφότεροι πάσας ἐν τοῖς τριακοσίοις. καὶ τέως μὲν δύʼ ὄντες, νῦν δὲ καὶ ὁ νεώτερος οὑτοσὶ χορηγεῖ μὲν τραγῳδοῖς, εἰς δὲ τοὺς τριακοσίους ἐγγέγραπται καὶ εἰσφέρει τὰς εἰσφοράς.

[¶61] 61. No grudge ought, therefore, to be felt against them, but rather, by Zeus and Apollo, against our opponents, if they obtain what does not belong to them. If the estate of Philoctemon is adjudicated to my client, he will hold it in trust for you, performing all the public services which you lay upon him, as he has done hitherto, and with even greater generosity. If, on the other hand, our opponents receive it, they will squander it and then seek other victims.

> Greek: 61. ὥστʼ οὐ φθονεῖσθαί εἰσιν ἄξιοι, ἀλλὰ πολὺ μᾶλλον νὴ Δία καὶ τὸν Ἀπόλλω οὗτοι, εἰ λήψονται ἃ μὴ προσήκει αὐτοῖς. τοῦ γὰρ Φιλοκτήμονος κλήρου ἂν μὲν ἐπιδικάσηται ὅδε, ὑμῖν αὐτὸν ταμιεύσει, τὰ προσταττόμενα λῃτουργῶν ὥσπερ καὶ νῦν καὶ ἔτι μᾶλλον· ἐὰν δʼ οὗτοι λάβωσι, διαφορήσαντες ἑτέροις ἐπιβουλεύσουσι.

[¶62] 62. I beseech you, therefore, gentlemen, in order that you may not be misled, to give your careful attention to the protestation about which you are going to give your verdict. Instruct him to make that the subject of his defence, just as it has been the subject of our accusation. The text of the protestation has stated that Philoctemon made no gift of property or will; this has been proved to be false, for those who were present are witnesses that he did so.

> Greek: 62. δέομαι οὖν ὑμῶν, ὦ ἄνδρες, ἵνα μὴ ἐξαπατηθῆτε, τῇ διαμαρτυρίᾳ τὸν νοῦν προσέχειν περὶ ἧς τὴν ψῆφον οἴσετε· καὶ πρὸς ταύτην αὐτὸν κελεύετε τὴν ἀπολογίαν ποιεῖσθαι, ὥσπερ καὶ ἡμεῖς κατηγορήσαμεν. γέγραπται ὡς οὐκ ἔδωκεν οὐδὲ διέθετο Φιλοκτήμων· τοῦτο ἐπιδέδεικται ψεῦδος ὄν· καὶ γὰρ [ὁ δοὺς καὶ ὁ διαθέμενος καὶ] μαρτυροῦσιν οἱ παραγενόμενοι.

[¶63] 63. What further do they say? That Philoctemon died childless. How could he be childless, when he adopted and was survived by his own nephew, to whom the law gives the right of inheritance just as much as to children of his own body? Indeed, it is expressly stated in the law that, if children are born subsequently to one who has adopted a son, each child takes his share of the estate and both classes of children alike inherit.

> Greek: 63. τί ἔτι; τελευτῆσαι ἄπαιδα Φιλοκτήμονα. πῶς οὖν ἄπαις ἦν ὅστις τὸν ἑαυτοῦ ἀδελφιδοῦν ὑὸν ποιησάμενος κατέλιπεν, ᾧ ὁμοίως ὁ νόμος τὴν κληρονομίαν ἀποδίδωσι καὶ τοῖς ἐξ αὐτοῦ γενομένοις; καὶ διαρρήδην ἐν τῷ νόμῳ γέγραπται, ἐὰν ποιησαμένῳ παῖδες ἐπιγένωνται, τὸ μέρος ἑκάτερον ἔχειν τῆς οὐσίας καὶ κληρονομεῖν ὁμοίως ἀμφοτέρους.

[¶64] 64. Let Androcles, therefore, prove that the children are legitimate, as any one of you would have to do in similar circumstances. His mere mention of a mother's name does not suffice to make them legitimate, but he must prove that he is speaking the truth by producing the relatives who know that she was married to Euctemon, and the members of the deme and of the ward, if they have ever heard or have any knowledge that Euctemon performed any public services on her behalf.

> Greek: 64. ὡς οὖν εἰσὶ γνήσιοι οἱ παῖδες οἵδε, τοῦτʼ αὐτὸ ἐπιδεικνύτω, ὥσπερ ἂν ὑμῶν ἕκαστος. οὐ γὰρ ἂν εἴπῃ μητρὸς ὄνομα, γνήσιοί εἰσιν, ἀλλʼ ἐὰν ἐπιδεικνύῃ ὡς ἀληθῆ λέγει, τοὺς συγγενεῖς παρεχόμενος τοὺς εἰδότας συνοικοῦσαν τῷ Εὐκτήμονι 〈καὶ〉 τοὺς δημότας καὶ τοὺς φράτορας, εἴ τι ἀκηκόασι πώποτε ἢ ἴσασιν ὑπὲρ αὐτῆς Εὐκτήμονα λῃτουργήσαντα, ἔτι δὲ ποῦ τέθαπται, ἐν ποίοις μνήμασι, 〈καὶ〉 τίς εἶδε τὰ νομιζόμενα ποιοῦντα Εὐκτήμονα·

[¶65] 65. We must know where she is buried and in what sort of tomb, and who has ever seen Euctemon performing the customary rights over her, and whither her sons still go to offer sacrifices and libations, and who of the citizens or of the slaves of Euctemon has ever seen these rites being performed. It is all these details, and not mere invective, which constitute a proof. If you bid him prove the actual contention which is the subject of his protestation, youwill give a verdict which accords with your oath and with the laws, and justice will be done to my clients.

> Greek: 65. ποῖ δʼ ἔτʼ ἰόντες οἱ παῖδες ἐναγίζουσι καὶ χέονται, καὶ τίς εἶδε ταῦτα τῶν πολιτῶν ἢ τῶν οἰκετῶν 〈τῶν〉 Εὐκτήμονος. ταῦτα γάρ ἐστιν ἔλεγχος ἅπαντα, καὶ οὐ λοιδορία. καὶ ἐὰν περὶ αὐτοῦ τούτου κελεύητε ἐπιδεικνύναι ὥσπερ καὶ διεμαρτύρησεν, ὑμεῖς τε τὴν ψῆφον ὁσίαν καὶ κατὰ τοὺς νόμους θήσεσθε, τοῖσδέ τε τὰ δίκαια γενήσεται.