Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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46.15You have heard the law, then, which does not permit a man to dispose of his property by will, if he have male children lawfully born. But these men declare that my father made this will, yet they cannot prove that they were present at the time. Another thing also deserves to be borne in mind, that it is to those who had not been adopted, but were lawfully born, that the law gives the right, in case of their being childless, to dispose of their property by will. Now my father had been adopted as a citizen by the people, so that on this account also he had not the right to make a will, especially in regard to his wife, of whom he was not even the legal guardian; and besides he had children. 46.16Note further, that even if a man be childless, he has not the right to dispose of his property by will, unless he be of sound mind; but if he be impaired by disease or the effect of drugs, or be under the influence of a woman, or be the victim of old age or madness, or be under constraint, the laws ordain that he be incompetent. Now consider whether the will, which these men say my father made, seems to you to be the will of a man of sound mind. 46.17Taking the lease, and nothing else, as an example, tell me whether it seems to you consistent that my father should refuse Phormio permission to carry on his business except in association with us, and yet that he should give him his wife in marriage, and thus make him a partner in his own fatherhood? And do not be surprised that, while they were arranging all else in regard to the lease so cleverly, they overlooked this. For perhaps they paid no heed to anything else, save to rob me of my money and to set my father down as a debtor to the bank; and then they did not suppose that I should be clever enough to look into these matters closely.

46.18Now, then, consider the laws, and see from whom they ordain that betrothals should be made, that you may come to know from them also, that this fellow Stephanus has proved himself to be a false witness to a forged will.Law

If a woman be betrothed for lawful marriage by her father or by a brother begotten of the same father or by her grandfather on her father's side, her children shall be legitimate. In case there be none of these relatives, if the woman be an heiress, her guardian shall take her to wife, and if she be not, that man shall be her guardian to whom she may entrust herself.

46.19You have heard what persons this law has appointed to be guardians; and that my mother had none of these my opponents have themselves borne witness. For if there had been such, they would have produced them. Or do you suppose they would have produced false witnesses and a non-existent will, but would not have produced a brother or a grandfather or a father, if they could have done it for money? Since, then, it is plain that no one of these was living, it follows necessarily that my mother was an heiress. Now see whom the law ordains to be guardians of an heiress.

46.20Read the law.Law

If one be born the son of an heiress, two years after he has reached the age of manhood note he shall assume control of the estate, and he shall make due provision for his mother's maintenance.

The law, then, appoints that sons who have reached the age of manhood shall be guardians of their mother and shall make due provision for their mother's maintenance. But it is clear that I was on a military expedition and in command of a trireme in your service, note when this man married my mother. 46.21Nay more, to prove that I was absent in command of a trireme, and that my father had been dead for some time, when the fellow married, I demanded of him the female slaves, and claimed the right of having them put to the torture to establish this very point, whether what I am saying is true—to prove all this, and that I tendered him a challenge, please take the deposition.Deposition

The deponents testify that they were present when Apollodorus challenged Phormio, namely, when Apollodorus demanded that Phormio give up the female slaves for the torture, if Phormo denied that he had seduced my mother before the time when Phormio declares that he married her, after she had been betrothed to him by Pasio. And when Apollodorus tendered this challenge, Phormio refused to surrender the female slaves. 46.22Now in addition to this read the law which appoints that there shall be an adjudication of all heiresses, whether alien or citizen, and that in the case of those who are citizens the archon shall have jurisdiction and shall take charge of the matter, and in the case of those who are resident aliens, the polemarch; and it shall not be lawful for anyone to obtain an inheritance or an heiress without legal adjudication.Law

The archon shall assign by lot days for the trial of claims to inheritances or heiresses in every month except Scirophorion note; and no one shall obtain an inheritance without adjudication.

46.23Well then, if he had wished to proceed regularly, he ought to have entered his claim for the heiress, whether the claim was based upon a gift or upon nearness of kin, before the archon, if he claimed her as a citizen, and before the polemarch, if as an alien; and then, if he had any just claim to advance, it was his duty to convince those of you who were drawn on the jury, and so obtain the woman by their verdict and in a manner sanctioned by your laws, instead of having made laws valid for himself alone, and in that way having accomplished what he desired.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 46.10 Dem. 46.19 (Greek) >>Dem. 46.27

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