41. Did you not know that by the demand that the estate should be adjudicated an attempt was being made to bastardize your niece? For, when he claimed to have the estate adjudicated to him, he thereby sought to bastardize the daughter of him who left the estate.
41. ἢ οὐκ ᾔδεις ἐν τῇ ἐπιδικασίᾳ τοῦ κλήρου νόθην καθισταμένην τὴν ἀδελφιδῆν τὴν σαυτοῦ; ὁπότε γάρ [τις] ἐπεδικάζετο τοῦ κλήρου, νόθην τὴν θυγατέρα τοῦ καταλιπόντος τὸν κλῆρον καθίστη.
42. To go still further back, the adoption of my brother by Pyrrhus had a similar effect; for no one has the right to devise or dispose of any of his property without also disposing of any legitimate daughters whom he may have left at his decease. You will understand this when you hear the text of the laws read out. Read these laws to the judges.
42. ἔτι δὲ πρότερον ὁ Πύρρος ὁ ποιησάμενος τὸν ἀδελφὸν τὸν ἐμὸν ὑὸν αὑτῷ· οὔτε γὰρ διαθέσθαι οὔτε δοῦναι οὐδενὶ οὐδὲν ἔξεστι τῶν ἑαυτοῦ ἄνευ τῶν θυγατέρων, ἐάν τις καταλιπὼν γνησίας τελευτᾷ. γνώσεσθε δὲ αὐτῶν ἀκούσαντες τῶν νόμων ἀναγιγνωσκομένων. ἀναγίγνωσκε τούσδε αὐτοῖς.
43. Laws Can you suppose that the man who has declared in evidence that he gave his sister in marriage would have allowed any of these things to be done, and, at the moment when Endius claimed to be given possession and applied to the court, would not have set up his niece's title and lodged a protestation that her paternal inheritance was not adjudicable to Endius? And yet that our brother claimed to have the estate adjudicated to him and that no one contested his claim, is proved by a deposition. Read it.
43. Νόμοι δοκεῖ ἂν ὑμῖν ὁ μεμαρτυρηκὼς ἐγγυῆσαι ἐπιτρέψαι ἄν τι τούτων γίγνεσθαι, καὶ οὐκ ἂν ἐπὶ τοῦ κλήρου τῇ λήξει, ἣν ὁ Ἔνδιος λαχὼν ἐπεδικάζετο, ἀμφισβητῆσαι ἂν ὑπὲρ τῆς ἀδελφιδῆς τῆς ἑαυτοῦ, καὶ οὐκ ἂν διαμαρτυρῆσαι μὴ ἐπίδικον τῷ Ἐνδίῳ τὸν ἐκείνης πατρῷον κλῆρον εἶναι; ἀλλὰ μὴν ὥς γε ἐπεδικάσατο ὁ ἡμέτερος ἀδελφὸς τοῦ κλήρου καὶ οὐκ ἠμφισβήτησεν οὐδεὶς ἐκείνῳ, ἀναγίγνωσκε τὴν μαρτυρίαν.
44. Deposition When this claim then for the adjudication of the estate was made, Nicodemus did not dare to contest the succession or put in a protestation that his niece was a legitimate daughter left by Pyrrhus.
44. Μαρτυρία γενομένης τοίνυν τῆς ἐπιδικασίας ταύτης οὐκ ἐτόλμησεν ἀμφισβητῆσαι τοῦ κλήρου Νικόδημος, οὐδὲ διαμαρτυρῆσαι τὴν ἀδελφιδῆν τὴν ἑαυτοῦ γνησίαν θυγατέρα Πύρρῳ καταλειφθῆναι.
45. Regarding this claim some lying explanation may be offered to you: the defendant may either pretend that they knew nothing about it or else may accuse us of lying. Let us ignore the latter suggestion. As regards the former, when Endius gave your niece in marriage to Xenocles, did you, Nicodemus, allow the daughter borne to Pyrrhus by his legitimate wife to be married in the quality of the child of a mistress?
45. περὶ μὲν οὖν τῆς ἐπιδικασίας ἔχοι ἄν τις ψεῦδος προφασίσασθαι πρὸς ὑμᾶς· ἢ γὰρ λαθεῖν σφᾶς προσποιήσαιτʼ ἂν οὗτος, ἢ καὶ ψεύδεσθαι αἰτιῷτʼ ἂν ἡμᾶς. τοῦτο μὲν οὖν παρῶμεν· ἐπειδὴ δὲ τῷ Ξενοκλεῖ ἠγγύα ὁ Ἔνδιος τὴν ἀδελφιδῆν σου, ἐπέτρεψας, ὦ Νικόδημε, τὴν ἐκ τῆς ἐγγυητῆς τῷ Πύρρῳ γεγενημένην ὡς ἐξ ἑταίρας ἐκείνῳ οὖσαν ἐγγυᾶσθαι;
46. And did you fail to bring a denunciation in the archon's court for injury to the heiress thus maltreated by the adopted son and despoiled of her paternal inheritance, especially as this is the only class of public actions which involves no risk to the party who brings it, and anyone who wishes is allowed to defend the rights of heiresses?
46. καὶ οὐκ [ἂν] εἰσήγγειλας πρὸς τὸν ἄρχοντα κακοῦσθαι τὴν ἐπίκληρον ὑπὸ τοῦ εἰσποιήτου οὕτως ὑβριζομένην καὶ ἄκληρον τῶν ἑαυτῆς πατρῴων καθισταμένην, ἄλλως τε καὶ μόνων τούτων τῶν δικῶν ἀκινδύνων τοῖς διώκουσιν οὐσῶν καὶ ἐξὸν τῷ βουλομένῳ βοηθεῖν ταῖς ἐπικλήροις;
47. For no fine can be inflicted for denunciations made to the archon, even if the informants fail to receive a single vote, and there are no deposits or court fees paid in any impeachments; but while the prosecutors may bring an impeachment without running any risk, extreme penalties are inflicted on those who are convicted in such impeachments.
47. οὔτε γὰρ ἐπιτίμιον ταῖς πρὸς τὸν ἄρχοντα εἰσαγγελίαις ἔπεστιν, οὐδʼ ἐὰν μηδεμίαν τῶν ψήφων οἱ εἰσαγγείλαντες μεταλάβωσιν, οὔτε πρυτανεῖα οὔτε παράστασις οὐδεμίᾳ τίθεται τῶν εἰσαγγελιῶν· ἀλλὰ τοῖς μὲν διώκουσιν ἀκινδύνως εἰσαγγέλλειν ἔξεστι, [τῷ βουλομένῳ], τοῖς δʼ ἁλισκομένοις ἔσχαται τιμωρίαι ἐπὶ ταῖς εἰσαγγελίαις ἔπεισιν.
48. If, then, the defendant's niece had been the child of our uncle by a legitimate wife, would Nicodemus have allowed her to be married in the quality of the child of a mistress? And, when this happened, would he not have lodged a denunciation before the archon that the heiress was being injured by him who thus gave her in marriage? If what you have now dared, Nicodemus, to depose, were true, you would have immediately have had punishment inflicted on him who was wronging her. Or will you pretend that you knew nothing of these circumstances either?
48. ἔπειτα εἰ ἦν ἐξ ἐγγυητῆς ἡ τούτου ἀδελφιδῆ τῷ ἡμετέρῳ θείῳ γεγενημένη, ἐπέτρεψεν ἂν Νικόδημος ὡς ἐξ ἑταίρας οὖσαν αὐτὴν ἐγγυᾶσθαι; καὶ γενομένων αὐτῶν οὐκ ἂν εἰσήγγειλε πρὸς τὸν ἄρχοντα ὑβρίζεσθαι τὴν ἐπίκληρον ὑπὸ τοῦ οὕτως ἐγγυήσαντος αὐτήν; καὶ, εἰ ἦν ἀληθῆ ἃ νυνὶ τετόλμηκας μαρτυρῆσαι, παραχρῆμα εὐθὺς τότε ἐτιμωρήσω ἂν τὸν ἀδικοῦντα. ἢ καὶ ταῦτα λαθεῖν σεαυτὸν προσποιήσει;
49. Next, did not the dowry which was given with her awake your suspicion? This alone might well have aroused your indignation and induced you to denounce Endius, namely, that he himself was claiming as his right a fortune of three talents, but thought fit, when he was giving Pyrrhus's legitimate daughter in marriage to another man, to bestow with her a portion of only a thousand drachmas. Would not this have aroused the defendant's indignation and would he not have denounced Endius? By heavens he would, if his story were true.
49. ἔπειτʼ οὐδʼ ἐκ τῆς ἐπιδοθείσης αὐτῇ προικὸς ᾔσθου; ὥστε καὶ διʼ αὐτὸ τοῦτο ἀγανακτήσαντι δήπου σοι εἰσαγγεῖλαι τὸν Ἔνδιον προσῆκεν, εἰ αὐτὸς μὲν τριτάλαντον οἶκον ἔχειν ἠξίου ὡς προσῆκον αὑτῷ, τῇ δὲ γνησίᾳ οὔσῃ 〈θυγατρὶ〉 [τρις]χιλίας δραχμὰς προῖκα ἐπιδοὺς ἐκδοῦναι ἠξίωσεν ἄλλῳ. εἶτʼ ἐπὶ τούτοις οὐκ ἀγανακτήσας εἰσήγγειλεν ἂν τὸν Ἔνδιον οὗτος; ναὶ μὰ Δία, εἴ γʼ ἦν ἀληθὲς τὸ πρᾶγμα.
50. I cannot imagine it possible that Endius, or any other adopted son, could be so foolish, or so regardless of the existing laws, as to give the legitimate daughter of the man who left the estate in marriage to another instead of marrying her himself; for he knew perfectly well that the children of a legitimate daughter have a right to succeed to the whole of their grandfather's estate. Knowing this, would anyone hand over his own property to another man, especially if it were of the value that our opponents claim?
50. οἶμαι δὲ οὐδʼ ἂν τὴν ἀρχὴν ἐκεῖνον οὐδʼ ἄλλον γε τῶν εἰσποιήτων οὐδένα οὕτως εὐήθη οὐδʼ αὖ ὀλίγωρον τῶν νόμων τῶν κειμένων γίγνεσθαι, ὥσθʼ ὑπαρχούσης γνησίας θυγατρὸς τῷ τὸν κλῆρον καταλιπόντι ἑτέρῳ δοῦναι ταύτην ἀνθʼ ἑαυτοῦ. ἀκριβῶς γὰρ ᾔδει διότι τοῖς γε ἐκ τῆς γνησίας θυγατρὸς παισὶ γεγονόσιν ἁπάντων τῶν παππῴων κληρονομία προσήκει. εἶτα εἰδὼς ἄν τις ταῦτα ἑτέρῳ παραδοίη τὰ αὑτοῦ, καὶ ταῦτα τηλικαῦτα ὄντα ὅσων ἠμφισβήτησαν οὗτοι;
51. Can you imagine an adopted son being so shameless and brazen-faced as to give the legitimate daughter in marriage with a dowry of not even a tenth of her father's fortune? And if he had done so, can you imagine that her uncle, who has borne witness that he gave her mother in marriage, would have allowed it? For my part I cannot believe it; rather would he have contested the estate and put in a protestation and denounced him to the archon and taken any stronger action if it were possible.
51. δοκεῖ δʼ ἄν τις ὑμῖν οὕτως ἀναιδὴς ἢ τολμηρὸς εἰσποίητος γενέσθαι, ὥστε μηδὲ τὸ δέκατον μέρος ἐπιδοὺς ἐκδοῦναι τῇ γνησίᾳ θυγατρὶ τῶν πατρῴων; γενομένων δὲ τούτων δοκεῖ ἂν ὑμῖν ὁ θεῖος ἐπιτρέψαι, ὁ ἐγγυῆσαι μεμαρτυρηκὼς αὐτῆς τὴν μητέρα; ἐγὼ μὲν γὰρ οὐ νομίζω, ἀλλὰ καὶ ἠμφισβήτησεν ἂν τοῦ κλήρου καὶ διεμαρτύρησε καὶ εἰσήγγειλεν ἂν πρὸς τὸν ἄρχοντα, καὶ ἄλλο εἴ τι ἦν ἰσχυρότερον τούτων, ἅπαντʼ ἂν διεπράξατο.
52. Endius then gave this woman, whom Nicodemus alleges to be his niece, in marriage in the quality of the daughter of a mistress; and the defendant did not think fit to claim the estate of Pyrrhus from Endius, or, when Endius gave his niece in marriage in the quality of the daughter of a mistress, denounce him to the archon, nor did he express any indignation at the dowry which was bestowed upon her; no, he took no action at all in these matters. Yet the laws are precise on all these points.
52. ὁ μὲν τοίνυν Ἔνδιος ὡς ἐξ ἑταίρας οὖσαν ἠγγύησεν, ἥν φησιν ἀδελφιδῆν Νικόδημος εἶναι αὑτῷ· οὗτος δὲ οὔτε τῷ Ἐνδίῳ τοῦ Πύρρου κλήρου ἀμφισβητῆσαι ἠξίωσεν, οὔτʼ ἐγγυήσαντα τὴν ἀδελφιδῆν 〈ὡς〉 οὖσαν ἐξ ἑταίρας εἰσαγγεῖλαι πρὸς τὸν ἄρχοντα [ἠξίωσεν], οὔτʼ ἐπὶ τῇ δοθείσῃ προικὶ αὐτῇ ἠγανάκτησεν οὐδέν, ἀλλὰ πάντα ταῦτα εἴασε γενέσθαι. οἱ δὲ νόμοι περὶ ἁπάντων διορίζουσι τούτων.
53. The clerk shall read to you first of all, for the second time, the deposition about the claim for the adjudication of the estate and then that concerning the marriage of the woman. Read them to the court. Depositions Now read the laws. Laws Now take Nicodemus's deposition.
53. ἀναγνώσεται οὖν πρῶτον ὑμῖν τὴν περὶ τῆς ἐπιδικασίας τοῦ κλήρου μαρτυρίαν πάλιν, ἔπειτα τὴν περὶ τῆς ἐγγυήσεως τῆς γυναικός. ἀναγίγνωσκε αὐτοῖς. Μαρτυρία〈ι〉 ἀνάγνωθι δὴ καὶ τοὺς νόμους. Νόμοι λαβὲ δὴ καὶ τὴν τούτου μαρτυρίαν.
54. Deposition How could an accuser establish a charge of perjury more clearly than by adducing proofs from the actual conduct of my adversaries themselves and from all the laws of our state? I have now said most of what I have to say about the defendant. Consider now whether the conduct of the niece's husband does not provide a convincing argument that Nicodemus's evidence is false.
54. Μαρτυρία πῶς οὖν 〈ἄν〉 τις σαφέστερον ἐξελέγχοι ψευδομαρτυρίων διώκων ἢ ἔκ τε τῶν πεπραγμένων αὐτοῖς τούτοις ἐπιδεικνύων καὶ ἐκ τῶν νόμων ἁπάντων τῶν ἡμετέρων; περὶ μὲν οὖν τούτου σχεδὸν εἴρηται τὰ πολλά· σκέψασθε δὲ καὶ περὶ τοῦ ἔχοντος τὴν ἀδελφιδῆν τὴν τούτου γυναῖκα, ἐὰν ἄρα τι γένηται καὶ ἐκ τούτου τεκμήριον ὡς ἔστι ψευδῆ τὰ μεμαρτυρημένα Νικοδήμῳ.
55. That he married her and took her to be his wife as the daughter of a mistress, has been proved and attested and that this evidence is true, Xenocles himself has testified by his conduct over a long period. For it is evident that, if he had not received the woman in marriage from Endius as the daughter of a mistress, seeing that he had children by her who have already reached a certain age, he would have claimed her patrimony on behalf of the legitimate daughter from Endius during his lifetime, especially as he was prepared to deny that the adoption of Endius by Pyrrhus ever took place; and it was because he denied it that he denounced those who have deposed that they were present when Pyrrhus made his will.
55. ὡς μὲν οὖν ἠγγυήσατο καὶ ἔλαβεν ὡς οὖσαν ἐξ ἑταίρας τὴν γυναῖκα, ἐπιδέδεικται καὶ μεμαρτύρηται· ὡς δʼ ἀληθὴς ἡ μαρτυρία ἐστὶν αὕτη, ὁ Ξενοκλῆς αὐτὸς ἔργῳ οὐκ ὀλίγον χρόνον ἤδη [ἀληθῆ ταῦτα] μεμαρτύρηκε. δῆλον γὰρ ὅτι εἰ μὴ ἠγγύητο παρὰ τοῦ Ἐνδίου ὡς ἐξ ἑταίρας οὖσαν τὴν γυναῖκα, ὄντων αὐτῷ παίδων ἤδη τηλικούτων ἐκ τῆς γυναικός, ζῶντι ἂν τῷ Ἐνδίῳ ἠμφισβήτησεν ὑπὲρ τῆς γνησίας θυγατρὸς τῶν πατρῴων, ἄλλως τε καὶ παρεσκευασμένος μὴ ὁμολογεῖν τὴν τοῦ Ἐνδίου ποίησιν τῷ Πύρρῳ γενέσθαι·
56. And to prove that I am speaking the truth, the clerk shall read you the deposition then made. Read it to the court.
56. ὡς δὲ οὐχ ὁμολογῶν [πῶς] ἐπεσκήπτετο τοῖς μεμαρτυρηκόσιν ἐπὶ τῇ διαθήκῃ τοῦ Πύρρου παραγενέσθαι. καὶ ὡς ἀληθῆ λέγω, ἀναγνώσεται ὑμῖν τὴν μαρτυρίαν τὴν μαρτυρηθεῖσαν. ἀναγίγνωσκε αὐτοῖς.
57. Deposition Here is another proof that they do not admit that the adoption of Endius by Pyrrhus ever took place, namely, that they would never otherwise have thought of demanding the award of the inheritance to this woman, ignoring the long tenancy of the last heir. For Pyrrhus has been dead for more than twenty years, whereas Endius died in the month of Metageitnion last year, in which month they promptly claimed the inheritance only two days after his death.
57. Μαρτυρία ἀλλὰ μὴν κἀκεῖνό γε δηλοῖ, ὡς οὐχ ὁμολογοῦσι τὴν τοῦ Ἐνδίου ποίησιν ὑπὸ τοῦ Πύρρου γενέσθαι. οὐ γὰρ ἂν ὑπερβάντες τὸν τελευταῖον τοῦ οἴκου γεγενημένον κληρονόμον ὑπὲρ τῆς γυναικὸς τοῦ Πύρρου κλήρου λαχεῖν τὴν λῆξιν ἠξίωσαν οὗτοι. ὁ μὲν γὰρ Πύρρος πλείω ἢ εἴκοσιν ἔτη τετελεύτηκεν ἤδη, ὁ δὲ Ἔνδιος τοῦ Μεταγειτνιῶνος μηνὸς πέρυσιν, ἐν ᾧ ἔλαχον τοῦ κλήρου τὴν λῆξιν τρίτῃ ἡμέρᾳ εὐθέως οὗτοι.
58. Now the law ordains that a petition for the adjudication of an inheritance must be presented within five years of the death of the last heir. Two courses were, therefore, open to the woman, either to claim her paternal inheritance during Endius's lifetime, or else, when the adopted son had died to claim that her brother's estate should be adjudicated to her, especially if, as our opponents allege, he had given her in marriage to Xenocles as his legitimate sister.
58. ὁ δὲ νόμος πέντε ἐτῶν κελεύει δικάσασθαι τοῦ κλήρου, ἐπειδὰν τελευτήσῃ ὁ κληρονόμος. οὐκοῦν δυοῖν τὰ ἕτερα προσῆκε τῇ γυναικί, ἢ γυναικί ἢ ζῶντι τῷ Ἐνδίῳ ἀμφισβητῆσαι τῶν πατρῴων, ἢ ἐπειδὴ τετελευτηκὼς ἦν ὁ εἰσποίητος, τῶν τοῦ ἀδελφοῦ τὴν ἐπιδικασίαν ἀξιοῦν ποιεῖσθαι, ἄλλως τε καὶ εἰ, ὥς φασιν οὗτοι, ἠγγυήκει αὐτὴν τῷ Ξενοκλεῖ ὡς γνησίαν ἀδελφὴν οὖσαν αὑτοῦ.
59. We all know perfectly well that every one of us has the right to claim the adjudication of a brother's estate, but that, if he has left legitimate children born of his body, no child need claim to have his patrimony adjudicated to him. It is quite unnecessary to labor this point, for all of you, and all other citizens as well, possess your patrimonies without any adjudication by the courts.
59. ἀκριβῶς γὰρ ἐπιστάμεθα πάντες ὅτι ἀδελφῶν μὲν κλήρων ἐπιδικασία πᾶσίν ἐστιν ἡμῖν, ὅτῳ δὲ γόνῳ γεγόνασι γνήσιοι παῖδες, οὐδενὶ ἐπιδικάζεσθαι τῶν πατρῴων προσήκει. καὶ περὶ τούτων οὐδένα λόγον λεχθῆναι δεῖ· ἅπαντες γὰρ ὑμεῖς καὶ οἱ ἄλλοι πολῖται ἀνεπίδικα ἔχουσι τὰ ἑαυτῶν ἕκαστοι πατρῷα.
60. Our opponents, then, have pushed their effrontery so far that, while they denied that the adopted son need obtain the adjudication of an estate which has been bequeathed to him, they thought fit to claim the adjudication of her father's estate to Phile, whom they allege to have been a legitimate daughter left by Pyrrhus. Yet, as I have already said, when testators leave legitimate issue, their children need not demand the adjudication of their patrimony; but, on the contrary, when testators adopt children by will, such children must obtain an adjudication of what is bequeathed to them.
60. οὗτοι τοίνυν εἰς τοῦτο τόλμης ἀφιγμένοι εἰσίν, ὥστε τῷ μὲν εἰσποιήτῳ οὐκ ἔφασαν ἐπιδικάσασθαι προσήκειν τῶν δοθέντων, τῇ δὲ Φίλῃ, ἥν φασι θυγατέρα γνησίαν τῷ Πύρρῳ καταλελεῖφθαι, λαχεῖν τοῦ κλήρου τοῦ πατρῴου τὴν λῆξιν ἠξίωσαν. καίτοι (ὅπερ εἶπον καὶ πρότερον) ὅσοι μὲν 〈ἂν〉 καταλίπωσι γνησίους παῖδας ἐξ αὑτῶν, οὐ προσήκει τοῖς παισὶν ἐπιδικάσασθαι τῶν πατρῴων· ὅσοι δὲ διαθήκαις αὑτοῖς εἰσποιοῦνται, τούτοις ἐπιδικάζεσθαι προσήκει τῶν δοθέντων.
61. Since the former are the issue of the deceased, no one, I suppose, could dispute their possession of their patrimony; but all blood-relations think they have the right to dispute a bequest to an adopted son. In order, therefore, that suits for such estates may not be brought by any chance claimant and that persons may not dare to demand the adjudication of them as vacant inheritances, adopted sons apply to the court for an adjudication.
61. τοῖς μὲν γάρ, ὅτι γόνῳ γεγόνασιν, οὐδεὶς ἂν δήπου ἀμφισβητήσειε περὶ τῶν πατρῴων· πρὸς δὲ τοὺς εἰσποιήτους ἅπαντες οἱ κατὰ γένος προσήκοντες ἀμφισβητεῖν ἀξιοῦσιν. ἵνα οὖν μὴ παρὰ τοῦ ἐντυχόντος τῶν κλήρων αἱ λήξεις [τοῖς ἀμφισβητεῖν βουλομένοις] γίγνωνται, καὶ μὴ ὡς ἐρήμων τῶν κλήρων ἐπιδικάζεσθαί τινες τολμῶσι, τούτου ἕνεκα τὰς ἐπιδικασίας οἱ εἰσποίητοι πάντες ποιοῦνται.
62. Let none of you, therefore, imagine that, if Xenocles had believed his wife to be a legitimate child, he would have brought a suit claiming her patrimony; no, the legitimate daughter would have entered into possession of her father's estate, and, if anyone had tried to seize it or deprive her of it by violence, he would have been ousting her from her patrimony and would have been liable not only to a civil prosecution but also to a public denunciation to the archon and would have risked his person and all his possessions.
62. μηδεὶς οὖν ὑμῶν ἡγείσθω, εἰ ἐνόμιζε γνησίαν εἶναι τὴν ἑαυτοῦ γυναῖκα Ξενοκλῆς, λαχεῖν ἂν ὑπὲρ αὐτῆς τὴν λῆξιν τοῦ κλήρου τοῦ πατρῴου, ἀλλʼ ἐβάδιζεν ἂν ἡ γνησία εἰς τὰ ἑαυτῆς πατρῷα, καὶ εἴ τις αὐτὴν ἀφῃρεῖτο ἢ ἐβιάζετο, ἐξῆγεν ἂν ἐκ τῶν πατρῴων, καὶ οὐκ ἂν ἰδίας μόνον δίκας ἔφευγεν ὁ βιαζόμενος, ἀλλὰ καὶ δημοσίᾳ εἰσαγγελθεὶς πρὸς τὸν ἄρχοντα ἐκινδύνευεν ἂν περὶ τοῦ σώματος καὶ τῆς οὐσίας ἁπάσης τῆς ἑαυτοῦ.
63. Even before any action on the part of Xenocles, Pyrrhus's uncles, if they had known that their nephew had left a legitimate daughter and that none of us was willing to take her in marriage, would never have allowed Xenocles, who was an entire stranger in blood to Pyrrhus, to take and marry one who belonged to them by right of kinship.
63. ἔτι δʼ ἂν πρότερον τοῦ Ξενοκλέους οἱ τοῦ Πύρρου θεῖοι, εἰ ᾔδεσαν γνησίαν θυγατέρα τῷ ἑαυτῶν ἀδελφιδῷ καταλειπομένην καὶ ἡμῶν μηδένα λαμβάνειν ἐθέλοντα αὐτήν, οὐκ ἄν ποτε ἐπέτρεψαν Ξενοκλέα, τὸν μηδαμόθεν μηδὲν γένει προσήκοντα Πύρρῳ, λαβόντα ἔχειν τὴν κατὰ γένος προσήκουσαν αὑτοῖς γυναῖκα. ἢ δεινόν γʼ ἂν εἴη.
64. Such a proceeding would have been extraordinary. The law ordains that daughters who have been given in marriage by their father and are living with their husbands—and who can judge better than a father what is to his daughter's interest?—in spite of the fact that they are thus married, shall, if their father dies without leaving them legitimate brothers, pass into the legal power of their next-of-kin; and indeed it has frequently happened that husbands have been thus deprived of their own wives.
64. τὰς μὲν ὑπὸ τῶν πατέρων ἐκδοθείσας καὶ συνοικούσας ἀνδράσι γυναῖκας (περὶ ὧν τίς ἂν ἄμεινον ἢ ὁ πατὴρ βουλεύσαιτο;) καὶ τὰς οὕτω δοθείσας, ἂν ὁ πατὴρ αὐτῶν τελευτήσῃ μὴ καταλιπὼν αὐταῖς γνησίους ἀδελφούς, τοῖς ἐγγύτατα γένους ἐπιδίκους ὁ νόμος εἶναι κελεύει, καὶ πολλοὶ συνοικοῦντες ἤδη ἀφῄρηνται τὰς ἑαυτῶν γυναῖκας.
65. While, then, the necessary consequence of this law is that women who have been given in marriage by their fathers are thus liable to be legally claimed, would any one of Pyrrhus's uncles, if Phile were a legitimate daughter left by him, have allowed Xenocles to take and marry a woman who belonged to them by right of kinship and thus make him heir to so large a fortune instead of themselves? Do not believe it, gentlemen;
65. εἶτα τὰς μὲν ὑπὸ τῶν πατέρων ἐκδοθείσας διὰ τὸν νόμον ἐξ ἀνάγκης ἐπιδίκους εἶναι προσήκει· Ξενοκλεῖ δὲ ἄν τις τόδʼ ἐπέτρεψε τῶν τοῦ Πύρρου θείων, εἰ ἦν γνησία θυγάτηρ ἐκείνῳ καταλειπομένη, λαβόντα ἔχειν τὴν κατὰ γένος προσήκουσαν αὑτοῖς γυναῖκα, καὶ τοσαύτης οὐσίας τοῦτον καταστῆναι κληρονόμον ἀνθʼ ἑαυτῶν; μὴ νομίσητε ὑμεῖς, ὦ ἄνδρες·
66. no man so hates his own advantage and prefers the interest of strangers to his own. If, therefore, they pretend that the adoption of Endius annulled their rights over this woman and allege that it is for this reason that they laid no claim to her, the following questions must be put to them: First, why have they attacked those who have borne witness to the adoption of Endius by Pyrrhus if they admit that it took place?
66. οὐδεὶς γὰρ ἀνθρώπων μισεῖ τὸ λυσιτελοῦν, οὐδὲ περὶ πλείονος τοὺς ἀλλοτρίους ἑαυτοῦ ποιεῖται. ἐὰν οὖν προφασίζωνται διὰ τὴν τοῦ Ἐνδίου ποίησιν μὴ ἐπίδικον εἶναι τὴν γυναῖκα, καὶ διὰ ταῦτα μὴ φῶσιν ἀμφισβητῆσαι αὐτῆς, πρῶτον μὲν ἐκεῖνα αὐτοὺς ἐρέσθαι χρή, τί ὁμολογοῦντες τὴν τοῦ Ἐνδίου ποίησιν ὑπὸ τοῦ Πύρρου γενέσθαι ἐπεσκημμένοι εἰσὶ τοῖς μεμαρτυρηκόσι ταῦτα, εἶτα 〈τί〉 παρελθόντες τὸν τελευταῖον τοῦ οἴκου γεγενημένον κληρονόμον τοῦ Πύρρου κλήρου τὴν λῆξιν λαχεῖν ἠξίωσαν παρὰ τὸν νόμον.
67. And, secondly, why did they think fit to claim the succession to Pyrrhus's estate illegally, ignoring him who was its last tenant? Furthermore, you should ask them whether any legitimate child ever thinks of requesting the court to adjudicate to him what is his own. These are the questions with which you should oppose their impudence. That the woman could be legally claimed by her next-of-kin, if she was really a legitimate daughter of the deceased, appears most evidently from the laws.
67. πρὸς δὲ τούτοις ἐκεῖνο αὐτοὺς ἔρεσθε, εἴ τις τῶν γνησίων 〈τῶν〉 αὑτοῦ ἐπιδικάζεσθαι ἀξιοῖ. ταῦτα πρὸς τὴν ἀναίδειαν αὐτῶν πυνθάνεσθε. ὡς δʼ ἦν ἐπίδικος ἡ γυνή, εἴ περ γνησία κατελείφθη, ἐκ τῶν νόμων σαφέστατα μαθεῖν ἔστι τοῦτο.
68. The law states explicitly that, in the absence of legitimate male issue, a man can dispose of his property as he pleases, but that, if he has daughters, the legatees must take them as well. Thus a man may bequeath and dispose of his property with his daughters, but he may not either adopt a son or leave any of his possessions to anyone without also disposing of his legitimate daughters.
68. ὁ γὰρ νόμος διαρρήδην λέγει ἐξεῖναι διαθέσθαι ὅπως ἂν ἐθέλῃ τις τὰ αὑτοῦ, ἐὰν μὴ παῖδας γνησίους καταλίπῃ ἄρρενας· ἂν δὲ θηλείας καταλίπῃ, σὺν ταύταις. οὐκοῦν μετὰ τῶν θυγατέρων ἔστι δοῦναι καὶ διαθέσθαι τὰ αὑτοῦ· ἄνευ δὲ τῶν γνησίων θυγατέρων οὐχ οἷόν τε οὔτε ποιήσασθαι οὔτε δοῦναι οὐδενὶ οὐδὲν τῶν ἑαυτοῦ.
69. If, therefore, Pyrrhus adopted Endius as his son without also disposing of his legitimate daughter, the adoption would have been void in the eyes of the law; if, on the other hand, he intended to give him his daughter and after adopting him on these terms left her to him, how could you, the uncles of Pyrrhus, have allowed Endius to have the estate of Pyrrhus adjudicated to him without his taking also his legitimate daughter, if he had one, especially as you testified that your nephew solemnly charged you to look after this girl?
69. οὐκοῦν εἰ μὲν ἄνευ τῆς γνησίας θυγατρὸς τὸν Ἔνδιον Πύρρος ἐποιεῖτο ὑὸν αὑτῷ, ἄκυρος ἂν ἦν αὐτοῦ ἡ ποίησις κατὰ τὸν νόμον· εἰ δὲ τὴν θυγατέρα ἐδίδου καὶ ἐπὶ τούτῳ ποιησάμενος κατέλιπε, πῶς ἂν ὑμεῖς ἐπετρέψατε ἐπιδικάζεσθαι οἱ τοῦ Πύρρου θεῖοι τὸν Ἔνδιον τοῦ Πύρρου κλήρου ἄνευ τῆς γνησίας θυγατρός, εἰ ἦν ἐκείνῳ, ἄλλως τε εἰ καὶ ἐμαρτυρήσατε ὡς ἐπέσκηψεν ὑμῖν ὁ ἀδελφιδοῦς ἐπιμελεῖσθαι τούτου τοῦ παιδίου;
70. Can you say, my good friends, that this point escaped your notice? Yet when Endius betrothed the woman and gave her in marriage, did you, his uncles, allow your own nephew's daughter to be betrothed as his daughter by a mistress, though you declare that you were present when your nephew took her mother to be his wife in due legal form, and further, that you took part by invitation in the celebrations on the tenth day after her child's birth?
70. ἀλλʼ ὦ ʼγαθοί, τοῦτο μὲν καὶ λαθεῖν φήσαιτʼ ἂν ὑμᾶς· ὅτε δʼ ἠγγύα καὶ ἐξεδίδου ὁ Ἔνδιος τὴν γυναῖκα, ἐπετρέπετε ὑμεῖς οἱ θεῖοι τὴν τοῦ ἀδελφιδοῦ τοῦ ὑμετέρου αὐτῶν ὡς ἐξ ἑταίρας οὖσαν ἐκείνῳ ἐγγυᾶσθαι, ἄλλως τε καὶ παραγενέσθαι φάσκοντες, ὅτε ὁ ἀδελφιδοῦς ὑμῶν ἠγγυᾶτο τὴν μητέρα τὴν ταύτης κατὰ 〈τοὺς〉 νόμους ἕξειν γυναῖκα, ἔτι δὲ καὶ ἐν τῇ δεκάτῃ τῇ ταύτης κληθέντες συνεστιᾶσθαι;
71. Furthermore—and this is the worst part of your conduct—though you declare that your nephew solemnly charged you to look after this girl, your mode of looking after her was to allow her to be married as the daughter of a mistress, although, as you testified, she bore the name of your own sister.
71. πρὸς δὲ τούτοις (τουτὶ γὰρ τὸ δεινόν ἐστιν) ἐπισκῆψαι φάσκοντες ὑμῖν τὸν ἀδελφιδοῦν ἐπιμελεῖσθαι τούτου τοῦ παιδίου, οὕτως ἐπεμελήθητε ὥστʼ ἐᾶσαι ὡς ἐξ ἑταίρας οὖσαν αὐτὴν ἐγγυᾶσθαι, ἄλλως τε καὶ ἔχουσαν τοὔνομα τῆς ὑμετέρας αὐτῶν ἀδελφῆς, ὡς ἐμαρτυρεῖτε;
72. From all this, gentlemen, and from what actually happened, it is easy to see that these men attain the limit of human impudence. For why did our uncle, if he had a legitimate daughter who survived him, adopt and leave behind my brother as his son? Had he nearer relatives than us whom he wished, by adopting my brother, to exclude from the right of claiming his daughter? In the absence of legitimate sons of his own, he neither has nor ever had a single relative nearer than us; for he had no brother or brother's sons, and we were the children of his sister.
72. ἐκ τοίνυν τούτων, ὦ ἄνδρες, καὶ ἐξ αὐτοῦ τοῦ πράγματος ῥᾴδιόν ἐστι γνῶναι ὅσον ἀναισχυντότατοι ἀνθρώπων εἰσὶν οὗτοι. τίνος γὰρ ἕνεκα, εἰ ἦν γνησία θυγάτηρ τῷ ἡμετέρῳ θείῳ καταλειπομένη, ποιησάμενος ὁ θεῖος κατέλιπε τὸν ἐμὸν ἀδελφὸν ὑὸν ἑαυτῷ; πότερον ὅτι προσήκοντες αὐτῷ ἐγγυτέρω γένους ἡμῶν ἦσαν ἄλλοι, οὓς βουλόμενος τὴν ἐπιδικασίαν τῆς θυγατρὸς ἀποστερῆσαι ἐποιεῖτο τὸν 〈ἐμὸν〉 ἀδελφὸν ὑὸν αὑτῷ; ἀλλʼ οὔτε ἐγένετο οὔτʼ ἔστι, μὴ γενομένων [δὲ] παίδων γνησίων ἐκείνῳ, ἐγγυτέρω ἡμῶν οὐδὲ εἷς· ἀδελφὸς μὲν γὰρ οὐκ ἦν αὐτῷ οὐδʼ ἀδελφοῦ παῖδες, ἐκ δὲ τῆς ἀδελφῆς ἡμεῖς ἦμεν αὐτῷ.
73. But, it may be urged, he might have adopted some other kinsman and given him the possession of his estate and his daughter. Yet what need had he openly to incur the enmity of any one of his relatives, when it was in his power, if he had really married the sister of Nicodemus, to introduce the child, who has been declared to be her offspring, to the members of his ward as his own legitimate child, and leave her sole heiress to all his estate and direct that one of her sons should be introduced as his adopted son?
73. ἀλλὰ νὴ Δία ἄλλον τινὰ ποιησάμενος τῶν συγγενῶν ἔδωκεν ἂν ἔχειν τὸν κλῆρον καὶ τὴν θυγατέρα τὴν ἑαυτοῦ. καὶ τί αὐτὸν ἔδει καταφανῶς καὶ ὁτῳοῦν ἀπέχθεσθαι τῶν οἰκείων, ἐξόν, εἴπερ ἦν ἠγγυημένος τὴν ἀδελφὴν τὴν Νικοδήμου, τὴν θυγατέρα τὴν ἐκ ταύτης ἀποφανθεῖσαν εἶναι εἰς τοὺς φράτορας εἰσαγαγόντι ὡς οὖσαν γνησίαν ἑαυτῷ, ἐπὶ ἅπαντι τῷ κλήρῳ ἐπίδικον καταλιπεῖν αὐτήν, καὶ ἐπισκῆψαι τῶν γιγνομένων 〈ἐκ〉 τῆς θυγατρὸς παίδων εἰσαγαγεῖν ὑὸν ἑαυτῷ;
74. For it is clear that, if he left her sole heiress, he would have been fully aware that one of two things was likely to happen to her: either one of us, the nearest relatives, would obtain an adjudication and take her as wife; or, if none of us wished to take her, one of these uncles who just now gave evidence, or, failing them, one of the other relatives, would, on the same principle, obtain an adjudication of her together with the whole estate and take her as his wife.
74. δῆλον [μὲν] γὰρ ὅτι ἐπίκληρον καταλιπὼν ἀκριβῶς ἂν ἤδει ὅτι δυοῖν θάτερον ἔμελλεν ὑπάρχειν αὐτῇ· ἢ γὰρ ἡμῶν τινα τῶν ἐγγύτατα γένους ἐπιδικασάμενον ἕξειν γυναῖκα, ἢ εἰ μηδεὶς ἡμῶν ἐβούλετο λαμβάνειν, τῶν θείων τινὰ τούτων τῶν μαρτυρούντων, εἰ δὲ μή, τῶν ἄλλων τινὰ συγγενῶν τὸν αὐτὸν τρόπον ἐπὶ πάσῃ τῇ οὐσίᾳ ἐπιδικασάμενον κατὰ τοὺς νόμους ἕξειν ταύτην γυναῖκα.
75. By presenting, then, his daughter to the members of his ward without adopting my brother as his son, he might have obtained this result; whereas, by adopting my brother without introducing his daughter to the members of his ward, he made her illegitimate, as it was right that he should, and therefore incapable of succession, and left my brother heir to his estate.
75. οὐκοῦν ἐκ μὲν τοῦ τὴν θυγατέρα εἰς τοὺς φράτορας εἰσαγαγεῖν καὶ μὴ ποιήσασθαι τὸν ἐμὸν ἀδελφὸν ὑὸν αὑτῷ ταῦτʼ ἂν διεπράξατο· ἐκ δὲ τοῦ τοῦτον μὲν ποιήσασθαι τὴν δὲ μὴ εἰσαγαγεῖν τὴν μὲν νόθην, ὥσπερ αὐτῷ προσῆκε, καὶ ἄκληρον κατέστησε, τὸν δὲ κληρονόμον κατέλιπε τῶν ἑαυτοῦ.
76. Further, to prove to you that our uncle never gave a marriage-feast and never thought fit to introduce his daughter, whom our opponents declare to be his legitimate child, to the members of his ward, though their statutes demand that this should be done, the clerk shall read you the deposition of the members of Pyrrhus's ward. Read this; and you, stop the water-clock. Deposition Now take the deposition which shows that Pyrrhus adopted my brother.
76. ἀλλὰ μὴν ὥς γε οὔτε γαμηλίαν εἰσήνεγκεν ὁ θεῖος ἡμῶν, οὔτε τὴν θυγατέρα, ἥν φασι γνησίαν αὐτῷ εἶναι οὗτοι, εἰσαγαγεῖν εἰς τοὺς φράτορας ἠξίωσε, καὶ ταῦτα νόμου ὄντος αὐτοῖς, ἀναγνώσεται [δὲ] ὑμῖν τὴν τῶν φρατόρων τῶν ἐκείνου μαρτυρίαν. ἀναγίγνωσκε· σὺ δʼ ἐπίλαβε τὸ ὕδωρ. Μαρτυρία λαβὲ δὲ καὶ ὡς ἐποιήσατο τὸν ἐμὸν ἀδελφὸν ὑὸν αὑτῷ.
77. Deposition After this will you regard the testimony of Nicodemus as more worthy of credence than the evidence provided by our uncle's own acts? And will anyone attempt to persuade you that our uncle made a legal marriage with this woman who was a common courtezan? No, you will never, I am sure, believe it unless Nicodemus can explain the following points, which I mentioned at the beginning of my speech;
77. Μαρτυρία εἶτα ὑμεῖς τὴν Νικοδήμου μαρτυρίαν τῶν αὐτοῦ τοῦ θείου ἐκμαρτυριῶν πιστοτέραν ἡγήσεσθε εἶναι, καὶ τὴν οὕτω κοινὴν τοῖς βουλομένοις γεγενημένην, ταύτην ἐπιχειρήσει τις ὑμᾶς πείθειν ὅτι ἐγγυητὴν γυναῖκα ὁ ἡμέτερος θεῖος ἔσχεν; ἀλλʼ ὑμεῖς, ὡς ἔγωγʼ οἶμαι, οὐ πιστεύσετε, ἐὰν μὴ ἀποφαίνῃ ὑμῖν, ὅπερ ἀρχόμενος εἶπον τοῦ λόγου, πρῶτον μὲν ἐπὶ τίνι προικὶ οὗτος ἐγγυῆσαι τῷ Πύρρῳ φησὶ τὴν ἀδελφήν, ἔπειτα πρὸς ὁποῖον ἄρχοντα ἡ ἐγγυητὴ γυνὴ ἀπέλιπε τὸν ἄνδρα ἢ τὸν οἶκον [τὸν] αὐτοῦ, εἶτα παρʼ ὅτου ἐκομίσατο τὴν προῖκα αὐτῆς, ἐπειδὴ τετελευτηκὼς ἦν ᾧ φησιν αὐτὴν ἐγγυῆσαι·
78. First, with what dowry does he say that he married his sister to Pyrrhus? Secondly, before what archon did this married woman give notice of having quitted her husband or his domicile? Next, from whom did Nicodemus recover her dowry, when the man had died to whom he says that he gave her in marriage? Or if, though he demanded it back, he was unable to recover in the course of twenty years, what action did he bring for alimony or for her dowry on behalf of this married woman against the tenant of Pyrrhus's estate? Furthermore, in addition to all this, let him explain to whom he married his sister at an earlier or later date and whether she had children by another man. These, then, are the questions which you must make him answer, and do not forget to interrogate him also about the marriage-feast to the members of his ward. This is among the proofs which are most damaging to his evidence; for it is obvious that if Pyrrhus was induced to marry this woman, he would also have been induced to give a marriage-feast for her to the members of his ward and to introduce to them the child, who has been declared to be this woman's daughter, as his legitimate offspring.
78. ἢ εἰ ἀπαιτῶν μὴ ἐδύνατο κομίσασθαι ἐν εἴκοσιν ἔτεσιν, ὁποίαν δίκην σίτου ἢ τῆς προικὸς αὐτῆς ὑπὲρ τῆς ἐγγυητῆς γυναικὸς ἐδικάσατο τῷ ἔχοντι τὸν Πύρρου κλῆρον οὗτος. ἔτι δὲ πρὸς τούτοις ἐπιδειξάτω ὅτῳ πρότερον ἢ ὕστερον ἠγγύησεν οὗτος τὴν ἀδελφήν, ἢ εἰ ἐξ ἄλλου τινὸς γεγενημένοι εἰσὶ παῖδες αὐτῇ. ταῦτα οὖν ἀξιοῦτε πυνθάνεσθαι παρʼ αὐτοῦ, καὶ περὶ τῆς τοῖς φράτορσι γαμηλίας μὴ ἀμνημονεῖτε. οὐ γὰρ τῶν ἐλαχίστων πρὸς τὴν τούτου μαρτυρίαν τεκμήριόν ἐστι τοῦτο. δῆλον γὰρ ὅτι, εἰ ἐπείσθη ἐγγυήσασθαι, ἐπείσθη ἂν καὶ γαμηλίαν ὑπὲρ αὐτῆς τοῖς φράτερσιν εἰσενεγκεῖν καὶ εἰσαγαγεῖν τὴν ἐκ ταύτης ἀποφανθεῖσαν θυγατέρα ὡς γνησίαν οὖσαν αὑτῷ.
80. Again in his deme, since he possessed the fortune of three talents, he would have been obliged on behalf of this wedded wife of his to entertain the wives of his fellow-demesmen at the Thesmophoria, and to perform for her the other offices which the possession of such a fortune entails. It shall therefore be made clear to you that nothing of the kind has ever been done. The members of his ward have already given you their evidence; take now and read the deposition of Pyrrhus's fellow-demesmen. Deposition
80. καὶ ἔν τε τῷ δήμῳ κεκτημένος τὸν τριτάλαντον οἶκον, εἰ ἦν γεγαμηκώς, ἠναγκάζετο ἂν ὑπὲρ τῆς γαμετῆς γυναικὸς καὶ θεσμοφόρια ἑστιᾶν τὰς γυναῖκας, καὶ τἆλλα ὅσα προσῆκε λῃτουργεῖν ἐν τῷ δήμῳ ὑπὲρ τῆς γυναικὸς ἀπό γε οὐσίας τηλικαύτης. οὐ τοίνυν φανεῖται οὐδὲν τούτων γεγενημένον οὐδεπώποτε. οἱ μὲν οὖν φράτορες μεμαρτυρήκασιν ὑμῖν· λαβὲ δὲ καὶ τὴν τῶν δημοτῶν τῶν ἐκείνου μαρτυρίαν. 〈Μαρτυρία〉