SPEECH THE THIRD.

ON THE ESTATE OF NICOSTRATUS.

THE ARGUMENT.

NICOSTRATUS dying in a foreign country. Hagnon and Hagnotheus, his first cousins, contend for the right of succession to his estate against Chariades, who claims under a will. This speech is by some supposed to have been delivered by Isæus in his own person as next friend to the young men, whose cause he supported; but Reiske well observes, that no argument in favour of this opinion can be drawn conclusively from the opening of the speech;

intimate friends might have ther speaker.

SPEECH THE THIRD.

Hagnon and Hagnotheus against Chariades.

SINCE Hagnon and Hagnotheus, judges, are my intimate friends, and their father long ago was closely connected with me, it will become me to defend them with the best of my abilities now as neither of them has ever been out of Attica, it will not be poffible for them to come prepared with evidence of tranfactions in foreign parts, nor eafy to confute their opponents, if they fhould tell a fictitious story; but what has paffed in our own country will, in my opinion, afford a fufficient proof, that all they, who claim the fortune of Nicoftratus as legatees, aim only at deluding and infulting you.

First then, judges, it will be proper

for you

to confider the difference of the names in our refpective bills of complaint, and to determine which claim has been made more naturally and with more fimplicity; for Hagnon and Hagnotheus have alledged in their bill that Nicostratus was the son of Thrafymachus, and declare that they are his coufins, both which allegations they prove by witneffes; but Chariades and his

coadjutors in this caufe affert, that one Smicrus was the father of Nicoftratus, yet claim those effects which belonged to the son of Thrafymachus; and, though my clients neither pretend to know the name of Smicrus, nor are related to any person, but maintain that Thrafymachus was the father of their coufin, yet to this estate also these associates have set up a title. If each party agreed in the name, nothing more would be left for your decifion, than fingly, whether that Nicoftratus, whom both fides have in contemplation, made a will or not; but how can the fame man be faid in the fame caufe to have two fathers? To this abfurdity has Chariades reduced himself; for having claimed a right of fucceffion to Nicoftratus the fon of Smicrus, he has instituted his fuit against those, who claim as next of kin to the fon of Thrafymachus, and has tendered an iffue, that the fon of both thefe men was one and the fame Nicoftratus. Now all this is a mere trick and a preconcerted scheme; for they are well aware, that while the cafe remains fumple and not involved in this perplexity, my friends will have no difficulty in proving, that Nicoftratus never made a will; but, if they introduce the name of a different father, and contend, nevertheless, for the fame eftate, they are perfectly fenfible, that we must use a longer argument to prove, that Nicoftratus was

the son of Thrafymachus, than to convince you, that no will was made by him: befides, had they confeffed, that Nicoftratus was his fon, they could not have denied, that these young men were cousins to the deceased; but by fabricating a new father to him, they have drawn into question not his will only, but his pedigree.

This contrivance, and not this alone, but all that has happened from the beginning, will convince you, that other persons, befides those who appear in the caufe, have brought this trouble on my clients; for, when the fucceffion to a fortune of two talents had been fix times litigated, who did not fhave his head? Who did not put on mourning cloaths? As if by a falfe thow of forrow they were fure of fucceeding to the estate. How many fictitious kinfmen and felf-adopted fons laid claim to the goods of Nicoftratus? First, one Demofthenes pretended: to be his nephew; but, when he was confuted by the true heirs, he withdrew his demand. Telephus next afferted, that the deceased had made a gift to him of all his property; but he too was very foon reduced to filence: then came Amyniades, bringing to the chief magiftrate a child not three years old, as the fon of Nicoftatus, who for eleven years together had been abfent from Athens. Next, Pyrrhus of