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30. Against Onetor I
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30. AGAINST ONETOR I 1 Aphobus’ divorce from Onetor’s sister was registered in Posideon, the sixth month of 364/3 (30.15), and she was not then married to anyone else “in three years” (30.33). That probably means within the three calendar years 364/3, 363/2, and 362/1, indicating merely that the year 362/1 had by now begun; it could, however , mean the period of three full years to Posideon 361/0. introduction The dispute between Demosthenes and Onetor was an outgrowth of the dispute between Demosthenes and Aphobus, outlined in the Introduction to this volume (pp. 9–11). Demosthenes was trying to recover the sum of 10 talents awarded to him by the court at the trial of Aphobus, and so he attempted to take possession of Aphobus’ farm; but Onetor, Aphobus’ brother-in-law, kept him out of it, claiming that it now belonged to him. Demosthenes therefore is bringing against Onetor a case of ejectment (dikē exoulēs). If he wins it, Onetor will have to leave the farm, and Demosthenes will have authority to seize it by force if necessary; Onetor will also have to pay to the state treasury a fine equal to the value of the farm. The date is 362/1 or early in 361/0 bc.1 The events leading up to this dispute were as follows. Onetor’s sister , whose name is not known, had first been married to a man named Timocrates. Timocrates was an affluent person (his property is said in 30.10 to have been worth more than 10 talents), but it is not certain that he is to be identified with any of the other men of that name who are known; it was a common name. Onetor himself was even more af- fluent (with property said to have been worth more than 30 talents). He was the son of Philonides of Melite, a rich man who was satirized 68 demosthenes 2 Aristoph., Wealth 179, 303. 3 Isoc. 15.93. 4 According to Libanius’ hypothesis to Oration 30, Timocrates was going to marry an heiress, but no earlier evidence confirms that. 5 See the genealogy on p. 8. 6 The legal problems of real security in Athens, including the functions of horoi and the valuation and setting apart (apotimēma) of property for this purpose, have been much discussed. Earlier work has now been superseded by Harris 1988 and 1993. in comedy of the previous generation2 but who had died by the 360s, leaving Onetor as head of the family. Onetor, who had been a pupil of Isocrates,3 had somehow formed a friendship with Aphobus and wanted to give him his sister in marriage. Timocrates apparently had no objection,4 and her second wedding took place in the summer of 366, just before Demosthenes came of age.5 Timocrates should then have given her dowry back to Onetor, to be passed on to Aphobus. However, the three men agreed that the dowry, which was the substantial sum of 1 talent, should not be handed over immediately but retained by Timocrates, who would meanwhile pay Aphobus interest on it at a moderate rate. Demosthenes in his speech rightly focuses attention on this odd arrangement: surely Timocrates and Onetor were well enough off to have been able to pay the dowry immediately. Demosthenes’ explanation is that they had already foreseen that Aphobus might be condemned to surrender most or all of his property to Demosthenes, and they were guarding against the risk of losing the dowry. When a woman was given in marriage with a dowry, it was common to mark off (with horoi, marker-stones) some part of her husband ’s property, usually some land, at least equal in value to the dowry, so that, if the marriage ended and she returned to her original family but the husband failed to return the dowry, her family could claim that item of property instead.6 When Demosthenes tried to take possession of Aphobus’ farm, Onetor pointed out stones that marked the land as property due to be taken by Onetor because his sister’s dowry had not been returned to him by Aphobus when they were divorced. But had they really been divorced? Onetor asserted that she had “departed ” from Aphobus, and the divorce had been duly registered with [44.200.74.73] Project MUSE (2024-03-28 14:44 GMT) 30. against onetor i 69 7 The private arbitration...