On the Estate of Astyphilus

Evidence

Astyphilus, then, hearing of this in childhood from his uncle and his other relatives, as soon as he reached the age of reason, would never speak to Cleon, and maintained this attitude up to his death, holding the opinion that it was impious to speak to the son of Thudippus, when the latter was charged with so grave a crime against his father. To prove that he remained throughout his life at variance with Cleon, I will produce as witnesses before you those who know the facts.

Witnesses

It would have been only natural, I suppose, for Astyphilus, whenever he was at home, to attend the sacrifices, at which all the Athenians entertain one another, accompanied by Cleon rather than by anyone else, since he was of the same deme and his cousin and, moreover, intended to adopt his son. The clerk shall, therefore, read you the deposition of the demesmen to prove that on no occasion was he accompanied by him.

Deposition

Such then being the relations between Cleon and the deceased, he now demands that his son should inherit his property. Yet why should I speak of Cleon? It is rather Hierocles, the uncle of the deceased and of me, who has had the audacity to come here with a forged will and declare that Astyphilus left it in his keeping.

And yet, Hierocles, though you received many kindnesses from my father Theophrastus, when you were less prosperous than you are now, and from Astyphilus, you are paying to neither of them the return which is their due; for you are robbing me, the son of Theophrastus and your own nephew, of property which the laws awarded to me, and you are slandering the memory of the dead Astyphilus and doing your best to put his bitterest enemies in possession of his property.

Nay, before any formal claim was laid to the estate, Hierocles, well aware that the estate was coming by rights to me and to no one else, went round in turn to all the friends of the deceased, hawking his scheme and trying to persuade men who had no title to it to claim the estate, saying that he was Astyphilus's uncle and would show that he had left a will, if anyone would go shares with him; and now that he has made a bargain with Cleon and divided up my brother's property, he will demand to be believed on the ground that he is speaking the truth. He would, I believe, be delighted even to take an oath, if anyone were to propose it to him.

For me, though he is my kinsman, he refuses to testify even to events which have actually happened, but with my opponent, who is no relative of his, he co-operates in telling lies and has brought a document in his favor to prove events which have never occurred; for he considers that to make money is much more important than his kinship with me. To prove that he went round and promised to produce a will in favor of anyone who would share the estate with him, I will produce as witnesses the actual persons to whom he addressed himself.

Witnesses

What name ought to be given, gentlemen, to this man, who is willing so lightly for his own profit to slander one who is dead? This evidence will furnish you with a strong presumption that he is not producing this will in favor of Cleon for nothing, but has received a recompense. Such, however, are the artifices which they are concerting against me; for each regards as clear gain anything that he can filch from the property of Astyphilus.

I have proved to you to the best of my ability that the will is not genuine, and that Cleon and Hierocles are seeking to mislead you; I will now proceed to show that, even if I had borne no relationship to Astyphilus, I have a better right to his property than my opponents. For when my father Theophrastus received my mother—who was also the mother of Astyphilus—in marriage from Hierocles, she brought with her Astyphilus, then a young child, and he lived continuously in our house, and was brought up by my father.

When I was born and was of an age to be instructed, I was educated with him. Please take this deposition, and after it that of the masters whose classes we attended.

Depositions

My father, gentlemen, planted the paternal estate of Astyphilus and continued to cultivate it and doubled its value. Let the witnesses of this also, please, come up.

Witnesses

When my brother came of age, he received all his possessions in so correct and regular a manner that he never had any complaint to make against my father. After this my father gave Astyphilus's sister in marriage[*](This duty would naturally fall to the brother when he came of age; but Astyphilus preferred that his stepfather should act for him.) to a man of his choice and managed everything else to Astyphilus's complete satisfaction; for the latter thought that he had received an ample proof from my father of his goodwill towards him, in the fact that he had been brought up by him from early childhood. Those who know the facts are my witnesses before you about his sister's betrothal.

Witnesses

My father took Astyphilus with him when he was a child, as also he took me, to the religious ceremonies on every occasion; he also introduced him to the confraternity of Heracles in order that he might become a member of this association. The other members will themselves bear witness to this.

Witnesses

Next consider, gentlemen, my own relations with my brother. In the first place, I was brought up with him from infancy; secondly, I never had a quarrel with him, but he had a great affection for me, as all the members of our family and our friends know. I should like them to come forward and testify to you.

Witnesses

Can you imagine, gentlemen, that Astyphilus, detesting Cleon so heartily and having experienced so many kindnesses at the hands of my father, would himself have adopted a son of one of his enemies or bequeathed his property to him, to the detriment of his benefactors and relatives? Personally, I regard it as impossible, even though Hierocles produces forged wills ten times over: no, I am convinced that, because I am his brother and we were bound together by every other tie, I have a much stronger claim than the son of Cleon;

for it was positively indecent in them to put forward pretensions to the estate of Astyphilus, when they were on the terms with him that I have described and never buried his remains, but entered into possession before performing the customary rites over him. Further, they intend now to demand the succession to Astyphilus's property not only because of the will which they allege to exist, but also by a comparison of their relationship and mine, on the ground that Cleon was a first cousin of the deceased on his father's side.

There is little likelihood, however, gentlemen, of your paying any attention to his claim of kinship; for no one, after passing by adoption into another family, has ever inherited from the family out of which he was adopted, unless he re-entered it in the proper legal manner.[*](There is obviously a lacuna in the text at this point, which must have contained a reference to the devices whereby Cleon attempted to obtain the recognition of his son by the member of Astyphilus's ward.)---These men,[*](i.e., the fellow-wardsmen of Astyphilus.) however, well knowing that Astyphilus never adopted Cleon's son, though he has often presented himself, have never given him any share in the victims. Please take this deposition also.

Deposition

I call upon you, therefore, to decide between us after considering our declarations under oath. Cleon declares that his son was adopted by Astyphilus and that the latter made dispositions to this effect; this I deny and declare that all Astyphilus's possessions belong to me, because I am his brother, as my opponents are themselves well aware. Do not, therefore, gentlemen, give Astyphilus an adopted son whom he himself never in his life adopted, but confirm in my favor the laws which you yourselves enacted; for it is in conformity with them that I make my claim, addressing to you a most pious prayer, that you should establish me as heir of my brother's property.

I have shown that he never devised his estate to anyone, and I have produced witnesses in support of all my statements. Assist me, therefore, and, if Cleon is a more clever speaker than I am, let not his talent avail him unsupported by law and justice, but constitute yourselves arbitrators on the whole case. You are gathered here that the impudent may gain no advantage and the weaker may venture to assert their righteous claims, knowing full well that you are intent upon justice and upon nothing else. Take, therefore, my part, all of you, gentlemen;

for if you allow yourselves, under the persuasion of Cleon, to give any other verdict, consider the responsibility which you will assume. First, you will send the bitterest enemies of Astyphilus to his tomb to celebrate the rites over him; secondly, you will make of none effect the injunctions of Euthycrates, the father of Astyphilus, which he himself never transgressed up to the end of his life; lastly, you will convict Astyphilus after his death of consummate folly.

For if he adopted this man as his son with whose father he was on terms of the bitterest enmity, will not those who hear of it imagine that he was mad or that his senses had been impaired by drugs? Further, judges, you will be allowing me, after having been brought up under the same roof and educated with Astyphilus, to be deprived of his estate by Cleon. I beg and beseech you by every means in my power to give your verdict in my favor; for then you would best gratify the wishes of Astyphilus and save me from injustice.