Demosthenes, Against Stephanus II, Augustus Taber Murray (Translator), 14

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[14] And verily, when you have heard the laws themselves you will see clearly that Pasio had no right to make a will.

(To the clerk.)

Read the law.

The Law

Any citizen, with the exception of those who had been adopted when Solon entered upon his office, and had thereby become unable either to renounce or to claim an inheritance,¹ shall have the right to dispose of his own property by will as he shall see fit, if he have no male children lawfully born, unless his mind be impaired by one of these things, lunacy or old age or drugs or disease, or unless he be under the influence of a woman, or under constraint or deprived of his liberty.²

Against Stephanus II. Demosthenes. Augustus Taber Murray (Translator). London. 1939.

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Current edition Perseus

Apollodorus Against Stephanus, Charged with False Testimony II (English) (Demosthenes, Vol. IV: Private Orations, Vol 2. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1939 (printing).)

Editions (1)

κατὰ Στεφάνου ψευδομαρτυριῶν β΄ Perseus (Demosthenes. Orationes, Vol. III. Rennie, W., editor. Oxford: Clarendon Press, 1931.) — 14 focus

[14] ἀλλὰ μὴν αὐτῶν τῶν νόμων ἀκούσαντες γνώσεσθε, ὡς οὐ κύριος ἦν διαθέσθαι. λέγε τὸν νόμον.

ΝΟΜΟΣ.

ὅσοι μὴ ἐπεποίηντο, ὥστε μήτε ἀπειπεῖν μήτʼ ἐπιδικάσασθαι, ὅτε Σόλων εἰσῄει τὴν ἀρχήν, τὰ ἑαυτοῦ διαθέσθαι εἶναι ὅπως ἂν ἐθέλῃ, ἂν μὴ παῖδες ὦσι γνήσιοι ἄρρενες, ἂν μὴ μανιῶν ἢ γήρως ἢ φαρμάκων ἢ νόσου ἕνεκα, ἢ γυναικὶ πειθόμενος, ὑπὸ τούτων του παρανοῶν, ἢ ὑπʼ ἀνάγκης ἢ ὑπὸ δεσμοῦ καταληφθείς.

Notes on the current edition

Against Stephanus II

1. The precise meaning of this phrase is disputed. See the authorities cited in the next note.

2. On this law consult Hermann-Thalheim, Rechtsalterthüfmer, pp. 68 ff. , with the authorities there cited. It is quoted, in part, also in Dem. 44.68 , and is frequently referred to by Isaeus. See Wyse’s note on Isaeus 2.13 , and Savage, The Athenian Family, p. 119 . Observe that, while the law has to do with those adopted into the family, our pleader makes it refer to those adopted as citizens.

Demosthenes Against Stephanus II 14