← Isocrates

Aegineticus

§44-51

Validity of the Adoption and the Final Appeal for Justice

The speaker argues Thrasyllus' prospective approval based on his past character and habits of bequest, emphasizing the importance of the law of adoption. He concludes the speech by summarizing his strong claims—friendship, past services, a recognized will, and established law—and appeals to the jury for a just verdict.

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§44

οἶμαι γὰρ ἂν αὐτὸν πάντων γενέσθαι ταύτῃ χαλεπώτατον δικαστήν, εἴπερ αἴσθοιτο, οἵα περὶ τοὺς παῖδας αὐτοῦ γεγένηται. πολλοῦ γʼ ἂν δεήσειεν1 ἀχθεσθῆναι κατὰ τοὺς νόμους ὑμῶν ψηφισαμένων, ἀλλὰ πολὺ ἂν μᾶλλον, εἰ τὰς τῶν παίδων διαθήκας ἀκύρους ἴδοι γενομένας. καὶ γὰρ εἰ μὲν εἰς τὸν οἶκον τὸν ἐμὸν δεδωκὼς ἦν Θρασύλοχος τὴν οὐσίαν, τοῦτʼ ἂν ἐπιτιμᾶν εἶχον αὐτῷ· νῦν δʼ εἰς τὸν αὐτῶν μʼ εἰσεποιήσατο, ὥστʼ οὐκ ἐλάττω τυγχάνουσιν εἰληφότες ὧν δεδώκασιν. χωρὶς δὲ τούτων, οὐδένα μᾶλλον εἰκός ἐστιν ἢ Θράσυλλον εὔνουν εἶναι τοῖς κατὰ δόσιν ἀμφισβητοῦσιν· καὶ γὰρ αὐτὸς καὶ τὴν τέχνην ἔμαθε παρὰ Πολεμαινέτου τοῦ μάντεως καὶ τὰ χρήματʼ ἔλαβεν οὐ κατὰ γένος ἀλλὰ διʼ ἀρετήν, ὥστʼ οὐκ ἂν δήπου φθονήσειεν, εἴ τις περὶ τοὺς παῖδας αὐτοῦ χρηστὸς γενόμενος τῆς αὐτῆς δωρεᾶς2 ἧσπερ ἐκεῖνος ἠξιώθη. μεμνῆσθαι δὲ χρὴ καὶ τῶν ἐν ἀρχῇ ῥηθέντων.

​For I think that, if he should perceive what kind of person she has been toward his children, he would become the harshest judge of all to her. He would be far from being displeased if you vote according to the laws; rather, he would be much more so if he should see his children’s wills made void. For if Thrasylochus had given his estate to my house, they might have reason to reproach him; but as it is, he adopted me into their own house, so that they happen to have received no less than they have given. Apart from these things, ​it is natural for no one more than Thrasyllus to be well-disposed to those who make claims under a bequest; for he himself both learned his art from Polemaenetus the seer and received his wealth not by kinship but because of his virtue, so that he would surely not grudge it if someone, having shown himself useful to his children, [should obtain] the same gift of which he himself was deemed worthy. And you must also remember what was said at the beginning.

§46

ἐπέδειξα γὰρ ὑμῖν αὐτὸν οὕτω περὶ πολλοῦ τὴν ἡμετέραν οἰκειότητα ποιησάμενον ὥστε γῆμαι καὶ τὴν ἀδελφὴν τὴν τοῦ πατρὸς καὶ τὴν ἀνεψιάν. καίτοι τίσιν ἂν θᾶττον τὴν αὑτοῦ θυγατέρʼ ἐξέδωκεν ἢ τούτοις παρʼ ὧνπερ αὐτὸς λαμβάνειν ἠξίωσεν; ἐκ ποίας δʼ ἂν οἰκίας ἥδιον εἶδεν υἱὸν αὑτῷ κατὰ τοὺς νόμους εἰσποιηθέντα μᾶλλον ἢ ταύτης, ἐξ ἧσπερ καὶ φύσει παῖδας ἐζήτησεν αὑτῷ γενέσθαι;

​For I demonstrated to you that he valued our connection so highly that he married both my father’s sister and my cousin. And yet, to whom would he have more readily given his own daughter than to those from whom he himself chose to receive wives? And from what house would he have more gladly seen a son adopted for himself according to the laws than from this one, from which he also sought to have children born to him by nature?

§47

ὥστʼ ἂν μὲν ἐμοὶ ψηφίσησθε τὸν κλῆρον, καὶ πρὸς ἐκεῖνον ὑμῖν καλῶς ἕξει καὶ πρὸς τοὺς ἄλλους ἅπαντας οἷς προσήκει τι τούτων τῶν πραγμάτων· ἂν δʼ ὑπὸ ταύτης πεισθέντες ἐξαπατηθῆτε, οὐ μόνον ἔμʼ ἀδικήσετε ἀλλὰ καὶ Θρασύλοχον τὸν τὴν διαθήκην καταλιπόντα καὶ Σώπολιν καὶ τὴν ἀδελφὴν τὴν ἐκείνων, ἣ νῦν ἐμοὶ συνοικεῖ, καὶ τὴν μητέρʼ αὐτῶν, ἣ πασῶν ἂν εἴη δυστυχεστάτη γυναικῶν, εἰ μὴ μόνον ἐξαρκέσειεν αὐτῇ στέρεσθαι τῶν παίδων, ἀλλὰ καὶ τοῦτʼ αὐτῇ προσγένοιτο, ὥστʼ ἐπιδεῖν ἄκυρον μὲν τὴν ἐκείνων γνώμην οὖσαν, ἔρημον δὲ τὸν οἶκον γιγνόμενον, καὶ τὴν μὲν ἐπιχαίρουσαν τοῖς αὑτῆς κακοῖς ἐπιδικαζομένην τῶν χρημάτων, ἐμὲ δὲ μηδενὸς δυνάμενον3 τῶν δικαίων τυχεῖν, ὃς τοιαῦτʼ ἔπραξα περὶ τοὺς ἐκείνης, ὥστʼ εἴ τίς με σκοποῖτο μὴ πρὸς ταύτην ἀλλὰ πρὸς τοὺς πώποτε κατὰ δόσιν ἀμφισβητήσαντας, εὑρεθείην ἂν οὐδενὸς χείρων αὐτῶν περὶ τοὺς φίλους γεγενημένος. καίτοι χρὴ τοὺς τοιούτους τιμᾶν καὶ περὶ πολλοῦ ποιεῖσθαι πολὺ μᾶλλον ἢ τὰς ὑφʼ ἑτέρων δεδομένας δωρεὰς ἀφαιρεῖσθαι.

​So if you vote the estate to me, your decision will be honorable both toward him and toward all others who have any concern in these matters; but if, persuaded by this woman, you are deceived, you will wrong not only me, but also Thrasylochus who left the will, and Sopolis, and their sister, who is now living with me as my wife, and their mother, who would be the most miserable of all women, if it should not suffice for her to be deprived of her children, but if this should also be added to her lot, so as to see their will made invalid and the house left desolate, ​and [to see] this woman, who rejoiced in her family’s misfortunes, claiming the property, while I, who acted in such a way toward her family, am unable to obtain any justice. So that if anyone should compare me, not with this woman, but with all those who have ever disputed a claim under a will, I would be found to have been second to none of them in my conduct toward my friends. And yet you ought to honor such men and value them highly, rather than deprive them of the gifts given by others.

§49

ἄξιον δʼ ἐστὶ καὶ τῷ νόμῳ βοηθεῖν καθʼ ὃν ἔξεστιν ἡμῖν καὶ παῖδας εἰσποιήσασθαι καὶ βουλεύσασθαι περὶ τῶν ἡμετέρων αὐτῶν, ἐνθυμηθέντας4 ὅτι τοῖς ἐρήμοις τῶν ἀνθρώπων ἀντὶ παίδων οὗτός ἐστιν· διὰ γὰρ τοῦτον καὶ οἱ συγγενεῖς καὶ οἱ μηδὲν προσήκοντες μᾶλλον ἀλλήλων ἐπιμελοῦνται.

​And it is also right to support the law according to which we are permitted both to adopt children and to dispose of our own property, reflecting that for those who are childless among men, this law stands in the place of children; for because of this, both relatives and those who are not related at all take better care of one another.

§50

ἵνα δὲ παύσωμαι λέγων καὶ μηκέτι πλείω χρόνον διατρίβω, σκέψασθʼ ὡς μεγάλα καὶ δίκαιʼ ἥκω πρὸς ὑμᾶς ἔχων, πρῶτον μὲν φιλίαν πρὸς τοὺς καταλιπόντας τὸν κλῆρον παλαιὰν καὶ πατρικὴν καὶ πάντα τὸν χρόνον διατελέσασαν, ἔπειτʼ εὐεργεσίας πολλὰς καὶ μεγάλας καὶ περὶ δυστυχοῦντας ἐκείνους γεγενημένας, πρὸς δὲ τούτοις διαθήκας παρʼ αὐτῶν τῶν ἀντιδίκων ὁμολογουμένας, ἔτι δὲ νόμον ταύταις βοηθοῦντα, ὃς δοκεῖ τοῖς Ἕλλησιν ἅπασι καλῶς κεῖσθαι.

​But that I may bring my speech to an end and no longer consume time, consider what powerful and just arguments I bring before you. First, a friendship with those who left the estate that is ancient, hereditary, and unbroken through all time; next, many and great services rendered to them when they were in misfortune; and in addition to these, a will acknowledged by my opponents themselves; and finally, a law supporting this, which is held by all Greeks to be excellently enacted.

§51

τεκμήριον δὲ μέγιστον· περὶ γὰρ ἄλλων πολλῶν διαφερόμενοι περὶ τούτου ταὐτὰ γιγνώσκουσιν. δέομαι οὖν ὑμῶν καὶ τούτων μεμνημένους καὶ τῶν ἄλλων τῶν εἰρημένων τὰ δίκαια ψηφίσασθαι, καὶ τοιούτους μοι γενέσθαι δικαστάς, οἵων περ ἂν αὐτοὶ τυχεῖν ἀξιώσαιτε.

​And here is the greatest proof of this: for though they differ on many other matters, they hold the same opinion on this. I entreat you, therefore, remembering both these and the other things that have been said, to render a just verdict, and to prove yourselves such judges to me as you would wish to obtain for yourselves.

Syntax notes4 items
  1. 44πολλοῦ γʼ ἂν δεήσειεν

    An impersonal expression with the potential optative of δεῖ and ἄν, meaning 'it would lack much for [someone] to do [something]', serving as a strong negative 'he would be far from being displeased'. It takes the infinitive ἀχθεσθῆναι.

  2. 45εἴ τις ... τῆς αὐτῆς δωρεᾶς

    A verb (such as τυγχάνοι or ἄξιος γένοιτο) is omitted in the εἰ-clause. Based on the context and the correlation with the following ἧσπερ ἐκεῖνος ἠξιώθη ('the same gift of which he himself was deemed worthy'), a verb meaning 'to obtain' or 'to be deemed worthy of' must be supplied.

  3. 48καὶ τὴν μὲν ἐπιχαίρουσαν ... ἐμὲ δὲ μηδενὸς δυνάμενον

    These accusative participial phrases (τὴν μὲν ἐπιχαίρουσαν... ἐμὲ δὲ... δυνάμενον) function as the direct objects of the infinitive ὥστʼ ἐπιδεῖν ('so as to see/behold') in the preceding section (§47).

  4. 49ἐνθυμηθέντας

    A masculine plural accusative participle. It agrees with the implied subject (the jurors or people in general) of the infinitive depending on the impersonal expression ἄξιον δʼ ἐστὶ ('it is right/worthwhile'), which is treated as an accusative-and-infinitive construction.

Translated by Gemini 3.5 Flash (published 2026-05-22)urn:cts:greekLit:tlg0010.tlg006.humanitext-grc2:44-51