On the Estate of Philoctemon

While she was still living in the tenement-house, she had relations with a freedman whose name was Dion, whom she declared to be the father of these young men; and Dion did, in fact, bring them up as his own children. Some time later Dion, having committed a misdemeanor and being afraid of the consequences, withdrew to Sicyon. The woman Alce was then installed by Euctemon to look after his tenement-house in the Cerameicus,[*](The “Potters' Quarter” at Athens, partly inside and partly outside the walls near the Dipylon Gate (see Frazer's note on Paus. 1.2.4).) near the postern gate, where wine is sold.

Her establishment there, gentlemen, had many evil consequences. Euctemon, going there constantly to collect the rent, used to spend most of his time in the tenement-house, and sometimes took his meals with the woman, leaving his wife and children and his own home. In spite of the protests of his wife and sons, not only did he not cease to go there but eventually lived there entirely, and was reduced to such a condition by drugs or disease or some other cause, that he was persuaded by the woman to introduce the elder of the two boys to the members of his ward under his name.

When, however, his son Philoctemon refused to agree to this, and the members of the ward would not admit the boy, and the victim for the sacrifice of admission was removed from the altar,[*](Apparently the effect of this action would be to defer the question of admission till a later meeting of the wardsmen.) Euctemon, being enraged against his son and wishing to pay him out, announced his intention of marrying a sister of Democrates of Aphidna and recognizing any children who should be born to her and bringing them into the family, unless he consented to allow Alce's son to be introduced.

His relatives, knowing that no more children would be born to him at his time of life but that they would be forthcoming in some other manner, and that, as a result, still more serious quarrels would arise, advised Philoctemon, gentlemen, to allow him to introduce this child on the conditions which he demanded, giving him a single farm.

And Philoctemon, ashamed at his fathers folly but at a loss how to deal with the embarrassment of the moment, made no objection. An agreement having been thus concluded, and the child having been introduced on these terms, Euctemon gave up his project of marriage, proving thereby that the object of his threatened marriage was not to procure children but to obtain the introduction of this child into the ward.

For what need had he to marry, Androcles, if these children had been born to him from a marriage with an Athenian citizen, as you have affirmed them to have been in your evidence? If they were legitimate, who could prevent him from introducing them? And why did he introduce them on special terms, when the law ordains that all the legitimate sons have an equal right to share in their father's property?

And why did he introduce the elder child on special terms, but said not a word about the younger child during the lifetime of Philoctemon either to Philoctemon or to his other relatives? Yet you have explicitly borne witness that they are legitimate and heirs to the property of Euctemon. In proof of the truth of these assertions, read the depositions.

Depositions

It was after this, then, that Philoctemon died by the enemy's hands while commanding a trireme off Chios.[*](Probably about 376 B.C.) Some time later Euctemon informed his sons-in-law that he wished to make a written record of his arrangement with his son and place it in safe place. Phanostratus was on the point of setting out with Timotheus[*](This expedition under Timotheus probably took place in 375 or 373 B.C.) in command of a trireme, and his ship lying at anchor at Munychia,[*](A small harbor on the east of the Peiraic peninsula in which part of the Athenian navy was docked.) and his brother-in-law Chaereas was there bidding him farewell. Euctemon, taking certain persons with him, came to where the ship was anchored, and having drawn up a document detailing the conditions under which he introduced the child, deposited it in the presence of those men with his relative Pythodorus of Cephisia.

The very fact that he acted thus is sufficient proof, gentlemen, that Euctemon was not dealing with them as legitimate children, as Androcles has declared in his evidence; for no one ever makes a gift by will of anything to the sons of his own body, because the law of itself gives his father's estate to the son and does not even allow anyone who has legitimate children to dispose of his property.

When the document had remained deposited for almost two years and Chaereas had died, my opponents, having come under the influence of Alce and seeing that the property was going to ruin and that the old age and imbecility of Euctemon gave them an excellent opportunity, made a combined plan of attack.

They first urged Euctemon to cancel the will on the ground that it was not to the boys advantage; for no one would have any claim to the real estate on Euctemon's death except the daughters and their issue; whereas, if he sold part of the property and left it in cash, they would get secure possession of it.

Euctemon listened to them and immediately demanded the document back from Pythodorus and served upon him a summons to produce it. When Pythodorus appeared before the archon, Euctemon stated that he wished to annul the will.

Pythodorus was prepared to agree with Euctemon and Phanostratus, who was present, that the document should be destroyed; but, as Chaereas, who had been a party to its deposition, had left an only daughter, he suggested that it should be destroyed only in the presence of her legal representative, and the archon decided in favor of this course. Euctemon, after agreeing to this in the presence of the archon and his assessors, called many persons to witness that the will deposited by him no longer existed and then went his way.

In a very short time—and this was the object of their advice to Euctemon to annul the will—he sold a farm at Athmonon[*](The site of this place was near the modern Marusi, about seven miles north-east of Athens (See Frazer on Paus. 1.31.4).) to Antiphanes for seventy-five minas and the bath-house at Serangion[*](The site of these baths has been discovered below the eastern end of the hill on Munychia on the Peiraic peninsula. They consisted of a subterranean chamber with openings in different directions through the cliff (see Frazer's Pausanius 5. p. 477).) to Aristolochus for 3000 drachmas; and he realized a mortgage of forty-five minas on a house in Athens from the hierophant.[*](The official who displayed the sacred emblems at the Eleusinian mysteries; he was a member of the house of the Eumolpidae.) Further, he sold some goats with their goat-herd for thirteen minas and two pairs of mules, one for eight minas and the other for five hundred and fifty drachmas, and all the slaves he had that were craftsmen.

In all, the value of the property which he hurriedly sold after Philoctemon's death, was more than three talents. And to prove that I am speaking the truth, I will first call witnesses in support of each of my statements.

Witnesses

So much for these transactions. They then immediately began scheming to obtain the rest of the property and planned the most outrageous plot of all, which merits your careful attention. Seeing that Euctemon was completely incapacitated by old age and could not even leave his bed, they began to look about for a means whereby all his property should be under their control after his death. And what did they do?

They inscribed these two boys before the archon as adopted children of the sons of Euctemon who had died,[*](Philoctemon and Ergamenes (cf. Isaeus 6.44).) inscribing themselves as guardians, and requested the archon to grant a lease of the house-property as being the property of orphans, in order that part of the property might be leased and part might be used as a security, and mortgage notices adfixed to it in the children's names during the lifetime of Euctemon, and they themselves might become lessees and receive the income.

On the first day that the courts met, the archon put the lease up for auction and they offered to lease the property. Certain persons, however, who were present, denounced the plot to the relatives, and they came and informed the judges of the real state of affairs. The result was that the judges voted against allowing the houses to be leased. If the plot had not been detected, the whole property would have been lost. Please call as witnesses those who were present.

Witnesses

Before my opponents had made the woman's acquaintance and plotted with her against Euctemon, he and his son Philoctemon possessed so large a fortune that both of them were able to undertake the most costly public offices without realizing any of their capital, and at the same time to save out of their income, so that they continually grew richer. After the death of Philoctemon, on the other hand, the property was reduced to such a condition that less than half the capital remains and all the revenues have disappeared.

And they were not even content, gentlemen, with this misappropriation; but, when Euctemon died, they had the impudence, while he was lying dead in the house, to shut up the slaves, so that none of them might take the news to his two daughters or to his wife or to any of his relatives. Meanwhile, with the aid of the woman they conveyed the furniture from within to the adjoining house, which was leased and occupied by one of their gang, the infamous Antidorus.