Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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43.27Such being the facts, this boy here has one of the titles mentioned in the law, and up to which the law ordains that the right of succession should extend; for he is the child of the first cousin of Hagnias, since his father Eubulides was cousin to Hagnias, whose inheritance is in question. Theopompus, on the contrary, the father of the defendant Macartatus, could not have appropriated to himself any one of the titles mentioned in the law, for he belonged to another branch of the family, that of Stratius. 43.28But it is not fitting, men of the jury, that any man whatsoever should possess the estate of Hagnias, one who belongs to another branch, so long as there is left any one of those born of the branch of Hagnias; no, nor is it right to expel such person by violence, as these men are trying to do, while they are themselves more distantly related, and not of the same branch of the family. For this, men of the jury, is the point upon which Theopompus, the father of the defendant Macartatus, misled the jury. 43.29Who, then, are those still surviving in the branch of Hagnias? Phylomachê, my wife, who is the daughter of Eubulides, the cousin of Hagnias, and this boy, who has been adopted into the family of Eubulides and Hagnias. Theopompus, however, the father of the defendant Macartatus, not being himself of the branch of Hagnias, told the jurymen a monstrous lie regarding Phylomachê, the sister of Polemon and the aunt of Hagnias, alleging that she was not the sister of Polemon, the son of Hagnias, by the same father and mother, and another in pretending that he himself was of the same family as Hagnias, whereas he had never belonged to it. 43.30All these assertions Theopompus made fearlessly, not producing any witness who would have been responsible to us, but having only his associates to corroborate what he said; for they were leagued with one another and did everything in concert, in order to rob the lady, the mother of this boy here, of the inheritance which you by your votes had decided to be hers. 43.31I wish now, men of the jury, to produce witnesses in support of the statements which I have made to you—first, to prove that Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias as being the nearest of kin, and then to establish the rest of the facts.

Read the deposition.Deposition

The deponents state that they were present before the arbitrator in the archonship of Nicophemus, note when Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias against all who disputed her title.

43.32That Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias, you have heard, men of the jury. And she won it, not by wrongful trickery or conspiracy, but in the fairest manner possible, since we proved that she was nearest of kin to Hagnias, whose estate is in question, being the daughter of his cousin on his father's side, and being of the same branch as Hagnias. 43.33When, therefore, Macartatus says that his father Theopompus won judgement for this estate, make answer to him on your part, men of the jury, that the lady also won judgement before Theopompus, the defendant's father, and that the lady won her case fairly, since she was of the same branch as Hagnias, being the daughter of Eubulides, the cousin of Hagnias, but that Theopompus did not win the suit, but prevailed by trickery, being himself in no sense whatever of the branch of Hagnias. 43.34Make this reply to him yourselves, men of the jury, and also state that against this boy Eubulides, son of Eubulides, son of the first cousin on his father's side of Hagnias, whose estate is in question, neither Theopompus, the father of Macartatus, nor any other man ever at any time won a judgement. At the present time the contest and the trial to adjudge the estate of Hagnias are between this son of Eubulides and the defendant Macartatus, the son of Theopompus; and whichever of these two shall in your judgement speak most in harmony with justice and the laws, to him, it is plain, you jurymen will give your votes.

43.35Read the remaining depositions; first, those proving that Phylomachê, the aunt of Hagnias, was sister by the same father and the same mother to Polemon, the father of Hagnias; after that he shall read all the other depositions which have to do with the pedigree.Depositions

The deponents testify that they are fellow-demesmen of Philagrus, the father of Eubulides, and Polemon, the father of Hagnias, and that they know that Phylomachê, the mother of Eubulides, was considered to be the sister of Polemon, the father of Hagnias, by the same father and the same mother, and that they never heard from anyone that Polemon, the son of Hagnias, had a brother. 43.36Another

The deponents testify that Oenanthê, the mother of their grandfather Stratonides, was first cousin to Polemon, the father of Hagnias, their fathers having been brothers, and that they heard from their own father that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus.Another

The deponent testifies that he is a relative and fellow-clansman and fellow-demesman of Hagnias and Eubulides, and that he heard from his own father and other relatives that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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