Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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43.60But the defendant, men of the jury, while he has no just argument whatever to make against the laws and the depositions which we produce, makes a show of indignation, and says he is being cruelly treated because, his father being dead, it falls to him to be defendant in this suit. But he does not bear in mind, men of the jury, that his father was a mortal man, and has met his end along with many others both younger and older than himself. Yet if Theopompus, the father of the defendant, is dead, the laws are not dead, nor is justice, nor are the jurymen with whom the verdict rests. 43.61The present contest and the present trial are not to decide whether one man has died before or after another, but whether or not it is right that the kinsmen of Hagnias, cousins and children of cousins to Hagnias on his father's side, should be driven out from the family of Hagnias by persons belonging to the family of Stratius, who have no shadow of right to inherit the estate of Hagnias, but are more remote of kin. This is the question at issue in the present trial.

43.62You will see even more clearly, men of the jury, from the following law, that the lawgiver Solon is very much in earnest in regard to those who are relatives, and not only gives them the property left by the deceased, but also lays upon them all the burdensome obligations.

Read the law.Law

The deceased shall be laid out in the house in any way one chooses, and they shall carry out the deceased on the day after that on which they lay him out, before the sun rises. And the men shall walk in front, when they carry him out, and the women behind. And no woman less than sixty years of age shall be permitted to enter the chamber of the deceased, or to follow the deceased when he is carried to the tomb, except those who are within the degree of children of cousins; nor shall any woman be permitted to enter the chamber of the deceased when the body is carried out, except those who are within the degree of children of cousins.

43.63The law does not allow any woman except female relatives within the degree of cousinship to enter the chamber where the deceased lies, and it permits these same women to follow to the tomb. Now Phylomachê, the sister of Polemon, the father of Hagnias, was not cousin to Hagnias, but aunt; for she was sister to Polemon, the father of Hagnias. But Eubulides, the son of this woman, was cousin on his father's side to Hagnias, whose inheritance is in question. And the mother of this boy here was the daughter of Eubulides. 43.64These female relatives the law commanded to be present at the laying out of the deceased, and to follow to the tomb, not the mother of Macartatus nor the wife of Theopompus; for she was in no way related to Hagnias, but was of another tribe, the Acamantis, and of another deme, that of Prospalta, so that she was not even apprised in any way at the time Hagnias lay dead. 43.65It is surely a most outrageous result that these men are scheming to bring about, that forsooth we and the women of our family should inherit the body of Hagnias, when he was dead, and should perform all the proper rites, as being relatives and nearest of kin, but that Macartatus should claim the right to possess the estate of the dead Hagnias, though he belongs to the house of Stratius and is descended from Apolexis, daughter of the Prospaltian and sister of Macartatus. But this is neither just nor righteous, men of the jury.

43.66Now please read the words of the oracle brought from Delphi, from the shrine of the god, that you may see that it speaks in the same terms concerning relatives as do the laws of Solon.Oracle

May good fortune attend you. The people of the Athenians make inquiry about the sign which has appeared in the heavens, asking what the Athenians should do, or to what god they should offer sacrifice or make prayer, in order that the issue of the sign may be for their advantage. It will be well for the Athenians with reference to the sign which has appeared in the heavens that they sacrifice with happy auspices to Zeus most high, to Athena most high, to Heracles, to Apollo the deliverer, and that they send due offerings to the Amphiones; note that they sacrifice for good fortune to Apollo, god of the ways, to Leto and to Artemis, and that they make the streets steam with the savour of sacrifice; that they set forth bowls of wine and institute choruses and wreathe themselves with garlands after the custom of their fathers, in honor of all the Olympian gods and goddesses, lifting up the right hand and the left, and that they be mindful to bring gifts of thanksgiving after the custom of their fathers. And ye shall offer sacrificial gifts after the custom of your fathers to the hero-founder after whom ye are named; and for the dead their relatives shall make offerings on the appointed day according to established custom.unknown

43.67You hear, men of the jury, that Solon in the laws and the god in the oracle use the same language, bidding the relatives to perform rites for the departed on the proper days. But neither Theopompus nor the defendant Macartatus cared at all for these things; they cared only for this, that they might retain possession of what does not belong to them, and to complain that after having had the estate for so long, they must now defend their title to it. I should have thought, men of the jury, that one who unjustly keeps in his possession the property of another, should not make complaints if he has kept it in his possession longer than is right, but should be grateful, not to us, but to fortune, that so many unavoidable delays have occurred in the interim, so that he is not brought to trial until now.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 43.55 Dem. 43.63 (Greek) >>Dem. 43.71

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