Isaeus, 2. On the Estate of Menecles

LCL 202: 40-41

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Isaeus

II. ΠΕΡΙ ΤΟΥ ΜΕΝΕΚΛΕΟΥΣ ΚΛΗΡΟΥ

ΥΠΟΘΕΣΙΣ

Μενεκλέους ποιησαμένου υἱὸν καὶ ἐπιβιώσαντος τῇ ποιήσει εἴκοσι τρία ἔτη, ἀδελφῶν ἀμφισβητησάντων τοῦ κλήρου ἐμαρτύρησέ τις Φιλωνίδης μὴ εἶναι τὸν κλῆρον ἐπίδικον, καταλείψαντος υἱὸν Μενεκλέους. τούτῳ ἐπέσκηψαν ψευδομαρτυρίας οἱ ἀδελφοί, καὶ πρὸς τούτους ὁ παῖς ὑπὲρ αὐτοῦ τὴν ἀπολογίαν εἰσέρχεται. ἔστι δὲ ὁ λόγος οὗτος ἐναντίος τῷ περὶ τοῦ Κλεωνύμου κλήρου· ἐκεῖ μὲν γὰρ ὑπὲρ συγγενείας εἶπεν, ὧδε δὲ ὑπὲρ διαθήκης. ἡ στάσις ἀντίληψις κατὰ στοχασμόν· λέγει γὰρ ὅτι ἐξῆν αὐτῷ ποιεῖν ἑαυτῷ υἱόν. εἶτα τὸ στοχαστικόν, ὅτι οὐ πεισθεὶς γυναικὶ ἐποιήσατό με.

1Ἡγούμην μέν, ὦ ἄνδρες, εἴ τις καὶ ἄλλος ἐποιήθη ὑπό τινος κατὰ τοὺς νόμους, καὶ ἐγὼ ποιηθῆναι, καὶ οὐκ ἄν ποτε εἰπεῖν οὐδένα τολμῆσαι ὡς ἐποιήσατό με Μενεκλῆς παρανοῶν ἢ γυναικὶ πειθόμενος· ἐπειδὴ δὲ ὁ θεῖος οὐκ ὀρθῶς βουλευόμενος, ὡς ἐγώ φημι, πειρᾶται ἐξ ἅπαντος τρόπου τὸν ἀδελφὸν τὸν αὑτοῦ ἄπαιδα τεθνεῶτα καταστῆσαι, οὔτε τοὺς θεοὺς τοὺς πατρῴους οὔθ᾿ ὑμῶν αἰσχυνόμενος οὐδένα, ἐμοὶ ἀνάγκη ἐστὶ πολλὴ βοηθεῖν τῷ τε1 πατρὶ τῷ ποιησαμένῳ με

  • 1τῷ τε Bremi: τε τῷ.
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On the Estate of Menecles,

II. On the Estate of Menecles

Argument

Menecles adopted a son and lived for twenty-three years after the date of the adoption. When his brothersa claimed his estate, a certain Philonides attested that the estate was not adjudicable, because Menecles had left a son. The brothers then brought an action for perjury against Philonides, and it is against them that the son undertakes the defence of Philonides. The speech, which is in defence of a will, is the counterpart of that delivered “On the Estate of Cleonymus,”b which upholds the rights of kindred. The discussion concerns a point of law with a controversy on a point of fact; for the speaker affirms that the deceased had the right to adopt a son, and then deals with the point of fact, saying, “It was not under the influence of a woman that he adopted me.”

I think, gentlemen, that, if any adoption was ever made in accordance with the laws, mine was, and no one could ever dare to say that Menecles adopted me in a moment of insanity or under the influence of a woman. But since my uncle, acting, as I assert, under a misapprehension, is trying by every means in his power to deprive his dead brother of descendants, showing no respect for the gods of his family or for any of you, I feel constrained to come to the aid of the father who adopted me, and

  • aThis is incorrect; there was only one brother, whose son was also apparently associated with him in the case.
  • bOration i.
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DOI: 10.4159/DLCL.isaeus-ii_estate_menecles.1927