Sir Richard C. Jebb, Selections from the Attic Orators

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καὶ γὰρ ὁ τούτου πατὴρ...ἐκείνοις ‘For the boy's father (Stratocles) was related [to Hagnias] only in their degree’: ὁμοίως ἐκείνοις, only in the same degree with those who were cousin's sons, like Theopompus himself and Stratius: ἐκεῖνοι denoting that class or grade of kinsmen, just as below § 18 ἐκείνας is similarly used. Dobree is not right then, I think, in accounting for ἐκείνοις by the disappearance of words alluding to the children of Stratius (§ 15): the text is sound.

τουτονὶ...καθιστάναι ‘that this man [the speaker on behalf of the παῖς] should resort to vexatious proceedings, and that, though he did not think fit to contest the case or to lodge a rival claim [παρακαταβάλλειν] when I was going to law for the estate — the proper moment for the decision of any issue that he had to raise on such points — he should now make this boy a pretext for annoying me with litigation, and bring my civil existence into peril’. The παρακαταβολή was a deposit made (to be forfeited on defeat) by one who claimed the whole of an inheritance from another. Thus, when Theopompus ἔλαχε τοῦ κλήρου against Phylomachè (§ 15), it was necessary for him to make such a deposit, as the estate was already hers. If the son of Stratocles had claimed the whole estate from Theopompus, then he too, must have proceeded by παρακαταβολή: but, in fact, he claimed only the half, ἡμικλήριον (§ 1). — επὶ τοῦ παιδὸς ὀνόματι, ‘in the boy's name’, not as meaning, ‘on the boy's behalf’ (ὑπὲρ τοῦ παιδός), but, ‘making him a pretext’. Better ἐπὶ τῷ τοῦ π. ὀνόματι. Cp. Dem. Adv. Leptin. § 126, ταῦτ᾽ ἐπὶ τῷ τῶν θεῶν ὀνόματι ποιεῖν ζητοῦσιν...τὸ τῶν λειτουργιῶν ὄνομα ἐπὶ τὸ τῶν ἱερῶν μεταφέροντες ἐξαπατᾶν ζητοῦσι. — περὶ τῶν μεγίστων, because he might incur ἀτιμία: § 35, κινδυνεύων ὑπὲρ τῶν σώματος. Cp. § 6, note.