Against Macartatus

When, 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.

Make 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.

(To the clerk.) Read 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.

The 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.

Another

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.

Another

The deponent testifies that Archimachus was his grandfather and adopted him as his son, and that he was a relative of Polemon, the father of Hagnias, and that he heard from Archimachus and his 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.

Another

The deponent testifies that his wife’s father Callistratus was first cousin to Polemon, the father of Hagnias, and to Charidemus, the father of Theopompus, their fathers having been brothers, and that his mother was daughter of a first cousin to Polemon, and that their mother often said to them that Phylomachê, the mother of Eubulides, was sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that Polemon, the father of Hagnias, never had any brother.

In the former trial, men of the jury, when these men formed their conspiracy with one another and acted in concert, the whole group of them, in their contest against the lady, we, on our part, men of the jury, neither prepared depositions regarding facts that were admitted, nor summoned witnesses, but thought that in these matters at least we were perfectly safe; whereas our opponents had equipped themselves with all manner of shameless artifices for the trial, and had their minds set upon this thing alone—to deceive the jurymen for the moment.

They had the audacity to assert that Polemon, the father of Hagnias, had no sister at all born of the same father and the same mother; so abominably impudent were they, seeking to mislead the jurymen in a matter of such importance and so well-known, and they spent all their efforts and strove beyond all else to establish this. We have, however, on this present occasion produced this host of witnesses regarding the sister of Polemon and aunt of Hagnias.

On the defendant’s side let whoever will give evidence either that Polemon and Phylomachê were not brother and sister, born of the same father and the same mother, or that Polemon was not the son, and Phylomachê not the daughter, of Hagnias, the son of Buselus; or that Polemon was not the father of Hagnias, whose estate is in question, and Phylomachê, the sister of Polemon, not his aunt;

or that Eubulides was not the son of Phylomachê, or of Philagrus, the cousin of Hagnias; or this, that the still-living Phylomachê is not the daughter of Eubulides, the cousin of Hagnias, and this boy not his son, adopted according to your laws into the family of Eubulides or that Theopompus, the father of the defendant, Macartatus, belonged to the branch of Hagnias. Let anyone give testimony in his favor on whatever one of these points he chooses. But I know well that no mortal man will be so daring or so senseless.

However, that it may be the more clear to you, men of the jury, that in the former trial they got the upper hand through their shameless audacity, and that they advanced no just arguments, (to the clerk) read all the depositions that remain.

The Depositions

The deponent testifies that he is a relative of Polemon, the father of Hagnias, and that he heard from his father that Philagrus, the father of Eubulides, and Phanostratus, the father of Stratius, and Callistratus, the father of the wife of Sosias, and Euctemon, who was king,[*](That is, king-archon.) and Charidemus, the father of Theopompus and Stratocles, were first cousins to Polemon, their fathers all having been brothers, and that Eubulides, with reference to his father Philagrus, stood in the same degree of relationship as the sons of these men and Hagnias, while with reference to his mother Phylomachê, he was recognized as the first cousin of Hagnias on his father’s side, since he was the son of the paternal aunt of Hagnias.

Another

The deponents testify that they are relatives of Polemon, the father of Hagnias, and of Philagrus, the father of Eubulides, and of Euctemon, who was king, and that they know that Euctemon was brother by the same father to Philagrus, the father of Eubulides, and that when suit for the adjudication of the estate of Hagnias was instituted by Eubulides against Glaucon, Euctemon was still living, being first cousin to Polemon, the father of Hagnias, their fathers having been brothers, and that Euctemon did not dispute with Eubulides his title to the estate of Hagnias, nor did anyone else on the score of kinship on that occasion.

Another

The deponents testify that their father Strato was a relative of Polemon, the father of Hagnias, and of Charidemus, the father of Theopompus, and of Philagrus, the father of Eubulides, and that they heard from their father that Philagrus took for his first wife Phylomachê, the sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that Philagrus had by Phylomachê a son Eubulides, and that after the death of Phylomachê Philagrus took a second wife Telesippê, and there was born a brother to Eubulides, namely Menestheus, of the same father but not of the same mother; and that when Eubulides made claim to the estate of Hagnias on the score of kinship, Menestheus did not dispute his title to the estate of Hagnias, nor did Euctemon, the brother of Philagrus, nor did anyone else on the score of kinship dispute the title of Eubulides on that occasion.

Another

The deponent testifies that his father Archimachus was a relative of Polemon, the father of Hagnias, and of Charidemus, the father of Theopompus, and of Philagrus, the father of Eubulides, and that he heard from their father that Philagrus took for his first wife Phylomachê, the sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that by Phylomachê he had a son Eubulides, and that after the death of Phylomachê Philagrus took a second wife Telesippê, and that Philagrus had by Telesippê a son Menestheus, a brother to Eubulides, of the same father but not of the same mother; and that when Eubulides. made claim to the estate of Hagnias on the score of kinship, Menestheus did not dispute his claim to the estate, nor did Euctemon, the brother of Philagrus, nor did anyone else on the score of kinship dispute the title of Eubulides on that occasion.

Another

The deponent testifies that his mother’s father Callistratus was brother to Euctemon, who was king, and to Philagrus, the father of Eubulides, and that these men were first cousins to Polemon the father of Hagnias, and to Charidemus, the father of Theopompus, and that he heard from his mother that Polemon, the father of Hagnias, had no brother, but had a sister Phylomachê, born of the same father and the same mother, and that Philagrus married this Phylomachê, and they had a son Eubulides, the father of Phylomachê, the wife of Sositheus.

It was necessary to read these depositions, men of the jury, in order that we might not suffer the same experience as before, by being caught by these men unprepared. But far more convincing even than these shall be the testimony that Macartatus will give against himself, proving that neither his father Theopompus nor himself has any claim whatever to inherit anything from Hagnias, Theopompus being less near of kin, and belonging to quite a different branch of the family.

For suppose one should ask, men of the jury, Who is the person who disputes this boy’s title to the estate of Hagnias? I know well that he would say, Macartatus. Born of what father? Theopompus. And of what mother? Apolexis, daughter of a Prospaltian,[*](Prospalta was a deme of the tribe Acamantis.) and sister of Macartatus, also a Prospaltian. And who was the father of Theopompus? Charidemus. And of whom was Charidemus the son? Of Stratius. And of whom Stratius? Of Buselus. This, men of the jury, is the branch of Stratius, one of the sons of Buselus; and these whose names you have heard are descendants of Stratius; and among them there is not one single name of those belonging to the branch of Hagnias, or even one that is similar.