Isocrates I

Aegineticus

19. AEGINETICUS introduction This speech is unique in having been composed for presentation in a lawcourt outside Athens. In Athens, the dispute would be called a diadikasia, which occurs when two parties make a claim to an inheritance . But this dispute takes place on the island of Aegina (an independent polis in the Saronic Gulf about twenty-five kilometers [fifteen miles] south of Piraeus, Athens’ port), and that is where the speech is to be presented. It is therefore impossible to determine which aspects of Athenian law might also apply in this case. In fact, the issue of what city’s laws do apply is addressed in 12–15. The speaker bases his claim on his posthumous adoption by the deceased, Thrasylochus, and his betrothal to Thrasylochus’ sister. This was not uncommon: if a man lacked a son, he would often adopt someone into his family, even another man his own age, since the preservation of the male family line was deemed crucial. But the speaker’s claim has been challenged on the ground that there is a living , natural heir. After an introduction (1–4), the speaker begins his narrative by recounting the life of Thrasyllus, Thrasylochus’ father, who made a substantial amount of money as an itinerant seer (5–9). He then relates his close relationship to Thrasylochus (10 –11) and the laws under which Thrasylochus adopted him (12–15), which (he says) is all he really needs to do to demonstrate his case. Nevertheless, he continues by detailing his extraordinary services to Thrasylochus and the misfortunes into which they led him (16–29), contrasting them with the mistreatment Thrasylochus received from the speaker’s opponent (30 –33). He then anticipates the arguments of his opponent, which are based on the validity of the will (34–35) and the speaker’s status (36–37), and details his friendship with Thrasylochus’ brother, Sopolis (38–41). Lastly, before making his final appeal, he imagines what Thrasyllus might have thought of his becoming heir (42–51). The speech has a lengthy narrative section, which gives an intriguing glimpse into the everyday life of exiled Greeks living an unsettled life, moving from one city to another. The political events related in 18–20 suggest a date after 393, perhaps 391 or 390. (Cf. Xen.,Hellenica 4.8.7 and Diodorus Siculus 14.18.) 19. aegineticus [1] I used to believe, men of Aegina, that Thrasylochus had planned his affairs so well that no one would ever come forward to oppose the instructions he left in his will. But since my opponents have had the idea of disputing the will, even though it was arranged in this way, I am compelled to attempt before you to win what is just. [2] My experience has been the opposite of most people.1 I see that others take it badly when they face risks over something unjustly, but I am almost thankful to these people for having brought me to trial here. If the affair had remained untried, you would not have known what behavior of mine led to my being the heir of his property. When you learn what I did, you will see that I would justly have earned an even greater gift than this. [3] My rival for the money, mind you, should not have tried to obtain from you the property Thrasylochus left behind; she should have treated him well and thus earned the right to sue for it. But as it is, she is so far from feeling regret for mistreating him during his lifetime that now that he is dead, she is trying to invalidate his will and desolate his household. [4] I am surprised also at those acting on her behalf,2 if they think that their risk is a good one because they will pay nothing if they are not successful. I think it is a serious penalty if they are exposed as contesting unjustly, since they will appear worse in your 19. aegineticus 113 1 A commonplace found, e.g., in Lys. 16.1–2, 24.1 and Is. 2.1 2 Since women could not appear in court in Athens, it seems likely that men are representing her here in Aegina also. eyes. You will recognize the wickedness of these people directly from their actions when you have heard the facts to the end. I shall begin my narration from the point where...