On The Estate of Ciron

Isaeus

Isaeus. Forster, Edward Seymour, translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1927 (1962 printing).

I will now institute a comparison with the nearest collateral relative and question you on the various degrees of relationship;[*](The text is doubtful here, but the general sense is clear.) for this is the easier way of making the matter clear to you. Is Ciron's daughter or his brother the nearer of kin to him? Clearly his daughter; for she is his issue, while the brother is only born of the same stock. Next, is the brother nearer of kin or the daughter's children? Certainly the daughter's children; for they are lineal descendants and not mere collaterals. If then our rights are so far superior to those of a brother, a fortiori we are still more to be preferred to our opponent, who is only a nephew.

But I am afraid of seeming tiresome in repeating truths so universally recognized; for you all inherit the property of your fathers, grandfathers, and remoter ancestors by the incontrovertible title of lineal descent, and I do not know that such a case as the present has ever been brought against anyone before. I shall therefore read the law about the neglect of parents and then try and show you the motives which led to the whole affair.

Law

The property of Ciron, gentlemen, consisted of an estate at Phlya, easily worth a talent, two houses in the city, one near the sanctuary of Dionysus in the Marshes,[*](On the probable position of this shrine S. of the Areopagus see Jane Harrison, Primitive Athens, pp. 83 ff.) let to a tenant and worth 2000 drachmae, the other, in which he himself used to live, worth thirteen minae; he also had[*](A number has probably fallen out here.) slaves earning wages, two female slaves and a young girl, and the fittings of his private residence, worth, including the slaves, about thirteen minae. The total value of his real property was thus more than ninety minae; but besides this he had considerable sums lent out, of which he received the interest.

It was to obtain this property that Diocles, together with his sister, carried on his plots for a long time, ever since the death of Ciron's sons. For he did not try to find another husband for her, although she was still capable of bearing children to another man; for he feared that, if she were separated from Ciron, the latter would resolve to dispose of his estate in the proper manner;[*](i.e., by leaving it to the speaker and his brother.) but he kept on urging her to remain with him, and to allege that she thought she was with child by him and then pretend that she had an accidental miscarriage, in order that he might be always hoping that a child would be born to him, and might not, therefore, adopt myself or my brother. Diocles also continually calumniated my father, alleging that he was intriguing against Ciron's property.

So he gradually persuaded Ciron to let him handle all the sums owing to him, and the interest upon them, and to manage his real property, cajoling the old man by his attentions and flattery until he had all his estate in his grasp. But, although he knew that in accordance with my rights I should seek to be master of this property when my grandfather was dead, yet he did not try to prevent me from visiting him and paying him attentions and conversing with him (for he was afraid that Ciron might become exasperated and be angry with him); but he was all the time preparing a claimant to dispute my right to the property, promising him a small share, if he were successful, and securing the whole estate for himself, and not admitting even to his accomplice that my grandfather had any money to leave, but pretending that there was nothing.

Immediately after Ciron's death he lost no time in making preparations for the funeral, the expenses of which he required me to pay, as you have heard the witnesses testifying; but he afterwards pretended that he had received the money from my opponent and refused any longer to accept payment from me, stealthily thrusting me aside, in order that it might appear that my opponent, and not I, was burying my grandfather. And when my opponent claimed this house and everything else that Ciron left behind him, although he said that he had left nothing, I did not think (and my friends agreed with me) that in these painful circumstances I ought to use violence and carry off my grandfather's body, but I took part in the rites and was present at the burial, the expenses of which were defrayed out of my grandfather's estate.

Thus I acted in this manner under compulsion; but in order that they might gain no advantage over me by alleging to you that I bore no part of the funeral expenses, I consulted the interpreter of the sacred law and by his advice I paid for at my own expense and offered the ninth-day offerings in the most sumptuous manner possible, in order that I might confound their sacrilegious tricks, and that it might not seem that they had paid for everything and I for nothing, but that I might be thought to have done my share.