Demosthenes, Against Phaenippus, Augustus Taber Murray (Translator), 27

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[27] Stop reading. This Aristonoê, men of the jury, is the daughter of Philostratus and mother of Phaenippus. He declares that a debt is owing to her for her marriage portion, but of this the laws make him the owner.¹ His statement is therefore false, and he does not make a just declaration. For why is it that I, Phaenippus, while my mother—who brought with her a marriage portion—is living and dwelling in my house, do not declare the marriage portion as a debt due to her, and thus try to lead the jurymen astray, but permit her to share in all that I have, alike whether it shall prove to be the estate of Phaenippus or my own? Because the laws so command, my good Sir. But all that you do is contrary to the laws.

(To the clerk.)

Read on.

The Declaration

Against Phaenippus. Demosthenes. Augustus Taber Murray (Translator). London. 1939.

Sponsored by Perseus Project, Tufts University.

Funding provided by The Annenberg CPB/Project.

Current edition Perseus

Unknown Pleader Against Phaenippus, On an Exchange of Properties (English) (Demosthenes, Vol. IV: Private Orations, Vol 2. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1939 (printing).)

Editions (1)

πρὸς Φαίνιππον περὶ ἀντιδόσεως Perseus (Demosthenes. Orationes, Vol. III. Rennie, W., editor. Oxford: Clarendon Press, 1931.) — 27 focus

[27] ἐπίσχες. αὕτη ἐστίν, ὦ ἄνδρες δικασταί, ἡ Ἀριστονόη τοῦ Φιλοστράτου θυγάτηρ, μήτηρ δὲ τουτουί. ταύτῃ χρέως φησὶν ὀφείλεσθαι Φαίνιππος τὴν προῖκα, ἧς οἱ νόμοι κύριον τοῦτον ποιοῦσιν, ψευδόμενος καὶ οὐ δικαίως χρώμενος τῇ ἀποφάσει. διὰ τί γὰρ ἐγώ, Φαίνιππε, μενούσης μοι τῆς μητρὸς ἐν τῷ οἴκῳ καὶ ζώσης καὶ προῖκα ἐπενεγκαμένης, οὐκ ἀπογράφω τὴν προῖκα χρέως αὐτῇ, οὐδὲ παρακρούομαι τοὺς δικαστάς, ἀλλʼ ἐῶ μετέχειν τῶν ἐμαυτοῦ τὴν μητέρα, ἄν τε τὴν Φαινίππου ἄν τε τὴν ἐμαυτοῦ ἔχω οὐσίαν; ὅτι οἱ νόμοι ταῦτα κελεύουσιν, ὦ βέλτιστε· σὺ δὲ πάντα ποιεῖς παρὰ τοὺς νόμους. λέγʼ ἕτερον.

ΑΠΟΦΑΣΙΣ.

Notes on the current edition

Against Phaenippus

1. After the death of her husband a woman might return to the house of her κύριος(nearest male relative), or, if there were children, she might live with them in her husband’s house. In this case the marriage portion became the property of her son. In return he was bound to give his mother maintenance, but the portion could not be counted a lien upon his property.

Demosthenes Against Phaenippus 27