On the Estate of Philoctemon

Depositions

Further, I will prove that our adversaries have actually given evidence in support of these facts. When the interrogations took place before the archon, and my opponents paid money into court in support of their claim that these young men were the legitimate sons of Euctemon, on being asked by us who, and whose daughter, their mother was, they could not supply the information, although we protested and the archon ordered them to reply in accordance with the law. It was surely a strange proceeding, gentlemen, to make a claim on their behalf as legitimate and to lodge a protestation, and yet not be able to state who was their mother or name any of their relatives.

At the time they alleged that she was a Lemnian and so secured a delay; subsequently, when they appeared at the interrogation, without giving time for anyone to ask a question, they immediately declared that the mother was Callippe and that she was the daughter of Pistoxenus, as though it was enough for them merely to produce the name of Pistoxenus. When we asked who he was and whether he was alive or not, they said that he had died on military service in Sicily, leaving a daughter, this Callippe, in the house of Euctemon, and that these two sons were born to her while she was under his guardianship, thus inventing a story surpassing the limits of impudence and quite untrue, as I will prove to you first of all from the answers which they themselves gave.

Fifty-two years have passed since the Sicilian expedition, reckoning from the date of its departure in the archonship of Arimnestus;[*](The Sicilian expedition set out in the summer of 415 B.C. (Thuc. 6.30). The date of this speech must therefore be 364 B.C.) yet the elder of these two alleged sons of Callippe and Euctemon has not yet passed his twentieth year. If these years are deducted, more than thirty years still remain since the Sicilian expedition; so that Callippe, if she were thirty years of age,[*](The speaker rather arbitrarily calculates the date of her marriage by the birth of her elder son.) ought to have been no longer under a guardian, nor unmarried and childless, but long ago married, given in marriage either by her guardian, according to the law, or else by an adjudication of the court.

Furthermore, she must necessarily have been known to the relatives and to the slaves of Euctemon if she had really been married to him and lived so long in the house. It is not enough merely to produce such statements at the interrogations, but it must be proved that the alleged events really took place and they must be supported by the testimony of the relatives.

When we insisted that they should indicate one of Euctemon's family who knew of anyone of the name of Callippe as having been either married to him or under his guardianship, and that they should make an inquiry from our slaves, or hand over to us for examination any of their slaves who said they had knowledge of these facts, they refused to take any of our slaves for examination or to hand over any of their own to us. Now please read their answer to the interrogation and our depositions and challenges.

Answer to Interrogation, Depositions, Challenges

My opponents, then, avoided a mode of proof so vital to their case; but I will show you the origin and position of these men whom my opponents testified to be legitimate and are seeking to establish as heirs of Euctemon's property. It is perhaps painful, gentlemen, to Phanostratus to bring to light the misfortunes of Euctemon; but it is essential that a few facts should be given, so that, knowing the truth, you may more easily give your verdict aright.