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καὶ γὰρ τούτων γε...ἀντίδικος ‘For of these [τούτων γε — Cephisodotus, his mother, and her other child or children, as opp. to the testator's other sisters and their children] he was at the same time guardian (ἐπίτροπος), legal representative (κύριος), and legal adversary (ἀντίδικος）’: i.e. Dicaeogenes III. was the protector and representative before the law (κύριος), as her nearest male relative for this purpose, of the mother of Cephisodotus (since a son could not be the κύριος of his mother). He was also guardian, ἐπίτροπος, of Cephisodotus, who had a brother or brothers, a sister or sisters, as appears from ὀρφανοί here, αὐτοῖς ἔδωκεν below, and παίδων ὄντων τούτων in § 11. Every ἐπίτροπος (guardian of a minor) was also κύριος of his ward, but every κύριος was not ἐπίτροπος. The term κύριος denotes esp. the legal control of a citizen over an unmarried woman or a widow, either as her nearest male relative or by delegation from the natural κύριος: [Dem.] or. XLVI. In Stephan. II. § 18, ἐὰν δὲ μηδεὶς ᾖ τούτων (i.e. if she has neither father, brother, nor paternal grandfather living) ἐὰν μὲν ἐπίκληρός τις ᾖ (if she be an heiress) τὸν κύριον ἔχειν (her nearest male kinsman shall marry her), ἐὰν δὲ μὴ ᾖ, ὅτῳ ἂν ἐπιτρέψῃ, τοῦτον κύριον εἶναι, but if she be not, then her natural κύριος may delegate the duty to another. The κύριος of a married woman was her husband: see Isae. or. III. De Pyrrh. Hered. § 2. The vulg. καὶ τούτων τε can be defended if τε is connected with the καὶ before οὐδὲ κατὰ τὸ ἐλάχιστον μέρος, κ.τ.λ.: he was both their guardian, etc., and unkind. But I feel sure that Dobree's γε (better than Scheibe's τοι) is right: we want just this emphasis on τούτων. οὐδὲ κατὰ τὸ ἐλάχιστον μέρος ‘not the smallest fraction of their claim on his kindness or compassion was allowed by him’: lit. ‘not even in respect to the smallest part of the ties between them (οἰκειότης — the double tie of kinsman and guardian) did they obtain pity’. ἃ δὲ ὁ πρὸς μητρὸς...δίκης ‘and what their maternal uncle [the testator] and their grandfather [Menexenus I., their mother's father, see stemma] had given to them [to Cephisodotus and the other child or children], he [Dicaeogenes III.] took away on his own authority (αὐτός), before the case had been tried’.
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