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Demosthenes · Against Boeotus II §10-16

Plangon's False Oath and the Dowry Dispute

Passage 2 of 8 · Greek

Summary

Mantitheus relates how Plangon deceived his father using a false oath to have Boeotus and his brother registered in the phratry. He then explains the subsequent division of the estate upon his father's death, which led to mutual lawsuits regarding their mothers' dowries.

§10μου τῷ πατρὶ φάσκων υἱὸς εἶναι ἐκείνου—συνόδων δὲ γιγνομένων πολλῶν ὑπὲρ τούτων, καὶ τοῦ πατρὸς οὐκ ἂν φάσκοντος πεισθῆναι, ὡς οὗτοι γεγόνασιν ἐξ αὑτοῦ, τελευτῶσα ἡ Πλαγγών, ὦ ἄνδρες δικασταί (πάντα γὰρ εἰρήσεται τἀληθῆ πρὸς ὑμᾶς), μετὰ τοῦ Μενεκλέους ἐνεδρεύσασα τὸν πατέρα μου καὶ ἐξαπατήσασα ὅρκῳ, ὃς μέγιστος δοκεῖ καὶ δεινότατος παρὰ πᾶσιν ἀνθρώποις εἶναι, ὡμολόγησεν τριάκοντα μνᾶς λαβοῦσα τούτους μὲν τοῖς αὑτῆς ἀδελφοῖς εἰσποιήσειν υἱεῖς, αὐτὴ δέ, ἂν πρὸς τῷ διαιτητῇ προκαλῆται αὐτὴν ὁ πατήρ μου ὀμόσαι ἦ μὴν τοὺς παῖδας ἐξ αὑτοῦ γεγονέναι, οὐ δέξεσθαι τὴν πρόκλησιν· τούτων γὰρ γενομένων οὔτε τούτους ἀποστερήσεσθαι τῆς πολιτείας, τῷ τε πατρί μου οὐκέτι δυνήσεσθαι αὐτοὺς πράγματα παρέχειν, τῆς μητρὸς αὐτῶν οὐ δεξαμένης τὸν ὅρκον.
...against my father, claiming to be his son. While many meetings were held concerning these matters and my father refused to be persuaded that they were born of him, Plangon at last, gentlemen of the jury—for the whole truth shall be told to you—conspiring with Menecles, set a trap for my father, and having deceived him by an oath, which is considered the greatest and most solemn among all men, agreed, on condition of receiving thirty minae, to adopt these men as sons to her own brothers, and that she herself, if my father challenged her before the arbitrator to swear that the children were born of him, would not accept the challenge; for she thought that if this were done, they would not be deprived of their citizenship, and they would no longer be able to cause trouble for my father, since their mother had not accepted the oath.
§11συγχωρηθέντων δὲ τούτων—τί ἂν ὑμῖν μακρολογοίην;
But although this was agreed upon—why should I make a long story of it?
ὡς γὰρ πρὸς τὸν διαιτητὴν ἀπήντησεν, παραβᾶσα πάντα τὰ ὡμολογημένα ἡ Πλαγγὼν δέχεταί τε τὴν πρόκλησιν καὶ ὄμνυσιν ἐν τῷ Δελφινίῳ ἄλλον ὅρκον ἐναντίον τῷ προτέρῳ, ὡς καὶ ὑμῶν οἱ πολλοὶ ἴσασιν· περιβόητος γὰρ ἡ πρᾶξις ἐγένετο.
For when she met him before the arbitrator, Plangon, violating all that had been agreed, accepted the challenge and swore another oath in the Delphinium contrary to the former one, as most of you also know; for the matter became notorious.
καὶ οὕτως ὁ πατήρ μου διὰ τὴν ἑαυτοῦ πρόκλησιν ἀναγκασθεὶς ἐμμεῖναι τῇ διαίτῃ, ἐπὶ μὲν τοῖς γεγενημένοις ἠγανάκτει καὶ βαρέως ἔφερεν, καὶ εἰς τὴν οἰκίαν οὐδʼ ὣς εἰσδέξασθαι τούτους ἠξίωσεν, εἰς δὲ τοὺς φράτερας ἠναγκάσθη εἰσαγαγεῖν.
And thus my father, being forced by his own challenge to abide by the arbitration, was indignant and took what had happened heavily, and although even so he did not deign to receive them into his house, he was forced to introduce them to his clansmen.
καὶ τοῦτον μὲν ἐνέγραψε Βοιωτόν, τὸν δʼ ἕτερον Πάμφιλον.
And he registered this man as Boeotus, and the other as Pamphilus.
§12ἐμὲ δʼ εὐθὺς ἔπειθε περὶ ὀκτωκαίδεκʼ ἔτη γεγενημένον τὴν Εὐφήμου γῆμαι θυγατέρα, βουλόμενος παῖδας ἐξ ἐμοῦ γενομένους ἐπιδεῖν.
And he immediately persuaded me, when I had become about eighteen years old, to marry the daughter of Euphemus, wishing to see children born of me.
ἐγὼ δέ, ὦ ἄνδρες δικασταί, νομίζων δεῖν καὶ πρότερον καὶ ἐπειδὴ οὗτοι ἐλύπουν αὐτὸν δικαζόμενοι καὶ πράγματα παρέχοντε, ἐμὲ τοὐναντίον εὐφραίνειν ἅπαντα ποιοῦντα ὅσα ἐκείνῳ χαριεῖσθαι μέλλοιμι, ἐπείσθην αὐτῷ.
And I, gentlemen of the jury, thinking both before and especially when these men were grieving him by going to law and causing trouble, that I, on the contrary, ought to please him by doing everything that would gratify him, obeyed him.
§13γήμαντος δέ μου τὸν τρόπον τοῦτον, ἐκεῖνος μὲν τὸ θυγάτριόν μοι ἐπιδὼν γενόμενον, οὐ πολλοῖς ἔτεσιν ὕστερον ἀρρωστήσας ἐτελεύτησεν· ἐγὼ δʼ, ὦ ἄνδρες δικασταί, ζῶντος μὲν τοῦ πατρὸς οὐδὲν ᾤμην δεῖν ἐναντιοῦσθαι αὐτῷ, τελευτήσαντος δὲ ἐκείνου εἰσεδεξάμην τε τούτους εἰς τὴν οἰκίαν καὶ τῶν ὄντων ἁπάντων μετέδωκα, οὐχ ὡς ἀδελφοῖς οὖσιν (οὐδὲ γὰρ ὑμῶν τοὺς πολλοὺς λελήθασιν ὃν τρόπον οὗτοι γεγόνασιν), νομίζων δʼ ἀναγκαῖον εἶναί μοι, ἐπειδὴ ὁ πατὴρ ἐξηπατήθη, πείθεσθαι τοῖς νόμοις τοῖς ὑμετέροις.
When I had married in this manner, he, having seen my little daughter born, not many years later fell ill and died; and I, gentlemen of the jury, while my father was alive thought I ought not to oppose him in anything, but when he died, I received these men into the house and shared all the estate with them, not because they were my brothers—for how they were born has not escaped the notice of most of you either—but because I thought it was necessary for me, since my father had been deceived, to obey your laws.
§14καὶ οὕτως ὑπʼ ἐμοῦ εἰς τὴν οἰκίαν εἰσδεχθέντες, ὡς ἐνεμόμεθα τὰ πατρῷα, ἀξιοῦντος ἐμοῦ ἀπολαβεῖν τὴν τῆς μητρὸς προῖκα ἀντενεκάλουν καὶ οὗτοι, καὶ ἔφασαν ὀφείλεσθαι καὶ τῇ αὑτῶν μητρὶ τὴν ἴσην προῖκα.
And having been thus received by me into the house, when we were dividing the patrimony, upon my demanding to recover my mother's dowry, these men also brought a counter-claim, and said that an equal dowry was owed to their own mother too.
συμβουλευσάντων δʼ ἡμῖν τῶν παρόντων, τὰ μὲν ἄλλα πάντα ἐνειμάμεθα, τὴν δὲ οἰκίαν καὶ τοὺς παῖδας τοὺς διακόνους τοῦ πατρὸς ἐξαιρέτους ἐποιησάμεθα, §15ἵνʼ ἐκ μὲν τῆς οἰκίας, ὁποτέροις ἂν ἡμῶν φαίνηται ὀφειλομένη ἡ προίξ, οὗτοι αὐτὴν κομίσωνται, ἐκ δὲ τῶν παίδων κοινῶν ὄντων, ἐάν τι οὗτοι τῶν πατρῴων ἐπιζητῶσιν, πυνθάνωνται, καὶ βασανίζοντες αὐτοὺς καὶ ἄλλῳ ὅτῳ ἂν τρόπῳ βούλωνται ζητοῦντες.
And upon the advice of those present, we divided all the other property, but we kept the house and the slaves who had been my father's attendants exempt from the division, so that from the house, to whichever of us the dowry should appear to be owed, they might recover it, and from the slaves who were held in common, if these men should seek to inquire into any of the patrimony, they might find out, both by putting them to the torture and by searching in whatever other way they wished.
ὅτι δὲ καὶ ταῦτʼ ἀληθῆ λέγω, ἐκ τούτων τῶν μαρτυριῶν εἴσεσθε.
And that I am telling the truth in these matters also, you will know from these depositions.
ΜΑΡΤΥΡΙΑΙ §16μετὰ ταῦτα τοίνυν οὗτοί τε ἐμοὶ δίκας ἔλαχον ὑπὲρ ὧν ἐνεκάλουν κἀγὼ τούτοις ὑπὲρ τῆς προικός.
WITNESSES After this, then, these men brought suits against me for the things of which they accused me, and I against them for the dowry.
καὶ τὸ μὲν πρῶτον παραγραψάμενοι Σόλωνα Ἑρχιέα διαιτητὴν τούτῳ ἐπετρέψαμεν δικάσαι περὶ ὧν ἐνεκαλοῦμεν ἀλλήλοις· ὡς δʼ οὐκ ἀπήντων οὗτοι, ἀλλʼ ἐφυγοδίκουν καὶ χρόνος διετρίβετο συχνός, τῷ μὲν Σόλωνι συνέβη τελευτῆσαι τὸν βίον, οὗτοι δὲ πάλιν ἐξ ὑπαρχῆς λαγχάνουσί μοι τὰς δίκας, καὶ ἐγὼ τούτῳ, προσκαλεσάμενος αὐτὸν καὶ ἐπιγραψάμενος ἐπὶ τὸ ἔγκλημα Βοιωτόν· τοῦτο γὰρ αὐτῷ ὁ πατὴρ ἔθετο τοὔνομα.
And at first, having selected Solon of Erchia as arbitrator, we entrusted him to decide concerning the matters of which we accused each other; but as these men did not appear, but avoided trial and much time was wasted, it happened that Solon departed this life, and these men again from the beginning brought their suits against me, and I against this man, having summoned him and inscribed "Boeotus" upon the indictment; for this was the name my father gave him.

Notes

  1. §10ὡμολόγησεν τριάκοντα μνᾶς λαβοῦσα — The participle λαβοῦσα expresses the condition or attendant circumstance of the main verb ὡμολόγησεν ('agreed'), indicating 'she agreed, on condition of receiving thirty minae, to...'.
  2. §10οὐ δέξεσθαι τὴν πρόκλησιν — An infinitive in indirect discourse depending on ὡμολόγησεν. Since its subject (αὐτή) is the same as that of the governing verb, it is in the nominative case.
  3. §11ἀναγκασθεὶς ἐμμεῖναι τῇ διαίτῃ — The passive participle ἀναγκασθεὶς modifies the subject of the main clause (ὁ πατήρ μου) and governs the infinitive ἐμμεῖναι ('to abide by'), indicating that the father was legally bound to the arbitration's result due to the procedural rules of the challenge he had proposed.
  4. §14ἐξαιρέτους ἐποιησάμεθα — The adjective ἐξαιρέτους ('taken out, exempt') forms a predicative construction with the verb ἐποιησάμεθα (middle of ποιέω), meaning 'we kept them exempt/excepted (from the partition)'.

Cite this passage

Demosthenes, Against Boeotus II §10-16. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg040.humanitext-grc2:10-16

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