Against Macartatus

Now again I shall question this boy, asking who he is who contests the claim of Macartatus to the estate of Hagnias. The boy can make no other possible answer, men of the jury, than that he is Eubulides. The son of what father? Of Eubulides, the cousin of Hagnias. And of what mother? Of Phylomachê, who was the daughter of a first cousin to Hagnias on the father’s side. But of whom was Eubulides the son? Of Philagrus, the cousin of Hagnias. And of what mother? Of Phylomachê, the aunt of Hagnias.

And of whom was Hagnias the son? Of Polemon. And of whom Polemon? Of Hagnias. And of whom Hagnias? Of Buselus. This is another branch, that of Hagnias, one of the sons of Buselus, and here there occurs not a single name identical with those of the descendants in the branch of Stratius, or even one that is similar; but they proceed in the branch of Hagnias with their own series of names, receiving them from one another. In every respect, then, and in every way it is proved that these men belong to another branch of the family and are more remote of kin, and that they are not entitled to inherit anything of the estate of Hagnias. For to show you to whom the law-giver grants the right of succession and inheritance, the clerk will read you these laws.

The Law

Whenever a man dies without making a will, if he leaves female children his estate shall go with them, but if not, the persons herein mentioned shall be entitled to his property: if there be brothers by the same father, and if there be lawfully born sons of brothers, they shall take the share of the father. But if there are no brothers or sons of brothers, their descendants shall inherit it in like manner; but males and the sons of males shall take precedence, if they are of the same ancestors, even though they be more remote of kin.[*](The text is not wholly certain, and the precise meaning is therefore open to debate. The law is quoted also in Isaeus 7.20, where the note of Wyse should be consulted. See also Meier and Schömann, Der Attisch Process, p. 586, and Savage, The Athenian Family, pp. 128 ff.) If there are no relatives on the father’s side within the degree of children of cousins, those on the mother’s side shall inherit in like manner. But if there shall be no relatives on either side within the degree mentioned, the nearest of kin on the father’s side shall inherit. But no illegitimate child of either sex shall have the right of succession either to religious rites or civic privileges, from the time of the archonship of Eucleides.[*](This was in 403 B.C.)

The law, men of the jury, expressly declares to whom the inheritance shall go. Not, by Heaven, to Theopompus nor to Macartatus, the son of Theopompus, who are in no sense whatever of the family of Hagnias. But to whom does it give the inheritance? To the descendants of Hagnias, to those who are in his branch of the family. This is what the law says, and this is what justice demands.