Sositheus Against Macartatus in Regard to the Estate of Hagnias (51-55)

Whenever a man dies without making a will, if he leaves female children his estate shall go with them, but if not, the persons herein mentioned shall be entitled to his property: if there be brothers by the same father, and if there be lawfully born sons of brothers, they shall take the share of the father. But if there are no brothers or sons of brothers, their descendants shall inherit it in like manner; but males and the sons of males shall take precedence, if they are of the same ancestors, even though they be more remote of kin.[*] If there are no relatives on the father’s side within the degree of children of cousins, those on the mother’s side shall inherit in like manner. But if there shall be no relatives on either side within the degree mentioned, the nearest of kin on the father’s side shall inherit. But no illegitimate child of either sex shall have the right of succession either to religious rites or civic privileges, from the time of the archonship of Eucleides.[*]

The law, men of the jury, expressly declares to whom the inheritance shall go. Not, by Heaven, to Theopompus nor to Macartatus, the son of Theopompus, who are in no sense whatever of the family of Hagnias. But to whom does it give the inheritance? To the descendants of Hagnias, to those who are in his branch of the family. This is what the law says, and this is what justice demands.

Now, then, men of the jury, the law-giver has not given these rights to the relatives without imposing upon them in the law a large number of duties, which the relatives must of necessity perform. No; there are full many obligations laid upon the relatives to perform for which the law admits of no excuse; they must absolutely be performed.

(To the clerk.) But, preferably, read the law itself—the first one.

The Law

In regard to all heiresses who are classified as Thetes,[*] if the nearest of kin does not wish to marry one, let him give her in marriage with a portion of five hundred drachmae, if he be of the class of Pentacosiomedimni, if of the class of Knights, with a portion of three hundred, and if of the class of Zeugitae, with one hundred and fifty, in addition to what is her own. If there are several kinsmen in the same degree of relationship, each one of them shall contribute to the portion of the heiress according to his due share. And if there be several heiresses, it shall not be necessary for a single kinsman to give in marriage more than one, but the next of kin shall in each case give her in marriage or marry her himself. And if the nearest of kin does not marry her or give her in marriage, the archon shall compel him either to marry her himself or give her in marriage. And if the archon shall not compel him, let him be fined a thousand drachmae, which are to be consecrate to Hera. And let any person who chooses denounce to the archon any person who disobeys this law.

You hear what the law says, men of the jury. But when it became necessary to sue for the hand of the heiress Phylomachê, the mother of this boy and the daughter of the first cousin of Hagnias on his father’s side, I came forward out of respect for the law and preferred my suit as being next of kin; but Theopompus, the father of Macartatus, neither came forward nor in any way disputed my claim, because he had no semblance of right, although he was of the same age as she.