ON THE ESTATE OF ASTYPHILUS. 209

SPEECH THE EIGHTH.

The Son of Theophraftus against Cleon.

ASTYPHILUS, for whose estate we contend in this caufe, and who was my half-brother, judges, by the fame mother, died at Mitylene, whither he had failed with the army; and that he never adopted a fon, nor ever aliened his eftate, or difpofed of it by will, fo that no man but myself has a right to his poffeffions, I fhall endeavour to prove, agreeably to the oath which I have previously taken. This Cleon, my antagonist, was the first coufin to the deceased by his father's fide, and it is his own fon, whom he pretends that Aftyphilus adopted: now Cleon's father was transferred by emancipation into another house, in which the whole crew of confederates are ftill refident, fo that by law they bear no relation at all to the last poffeffor of this eftate; but, as there could be no question on this head, they have produced a will, which I shall demonftrate, I think, to be forged, and are now striving, judges, to rob me of my brother's fortune. So confident, indeed, was Cleon (nor has his confidence, it feems, forfaken him)

of his exclufive title to the estate in difpute, that no fooner was Aftyphilus reported to be flain, while my father was confined by illness, and I was bearing arms abroad, than he rushed upon the land and claimed all my brother's effects in right of his fon, not waiting, as he ought, for your determination in his favour; yet, when the remains of their coufin were brought to Athens, this fictitious fon of his neither laid out the body nor buried it; but fome of his friends and fellow-foldiers, confidering the malady of my father, and my abfence from the city, performed the laft honours to the dead by affifting at his funeral rites, and led my fick father to the tomb, well knowing that his piety would be acceptable to the departed fpirit; all which facts will be attefted by the friends themselves who were present at these ceremonies. WITNESSES. That Aftyphilus was not interred by my opponent, has been given in evidence; nor will he himself deny it.

On my return then from the war, when I found that these affociates were enjoying the fruits of my eftate, and heard Cleon affert that the will, by which my brother adopted his fon, had been left with Hierocles of Hephæftia, I went to Hierocles; not ignorant of his close connection with Cleon, but believing that he would hardly dare to fpeak falfely concerning

the deceased, especially as he was our uncle: yet, when I interrogated him on the subject, he answered (regardless of these confiderations), that the will, which he had received from Aftyphilus, was then in his poffeffion; and here, to prove that he made this answer, let a deposition be read. DEPOSITION. Since, therefore, judges, none of my brother's friends were present at his death, and fince his body was brought hither in my abfence, it is neceffary for me to convince you, by arguments drawn from their own affertions, that the will which they produce was fabricated by them, and that no will at all was made by Aftyphilus; for it is reasonable to fuppose, that, if he had intended to leave an heir by adoption, he would have provided effectually for the fecurity of his appointment, and taken care that his adopted fon fhould not only poffefs his eftate, but have access to the fhrines of his ancestors, and perform the accustomed rites both to their fhades and to his own: he must have been sensible too, that his intentions would take effect, not if he left a will unattested by his friends, but if he first convoked his relations; next, thofe of the fame borough and ward; and lastly, as many of his intimate acquaintance as he could affemble, to attend the execution of fo important an inftrument; for fuch precaution would have made it eafy to refute any perfon

whatever, who might falfely claim the eftate as legatee or as next of kin; but nothing of this. fort appears to have been done by Aftyphilus, who called together none of his friends to attest this pretended will, as I fhall prove by the testimony of those friends themselves, unless any one of them has been fuborned by Cleon, to declare that he was fummoned.

EVIDENCE.

Now Cleon will probably contend, that the evidence, just given by these witnesses of their entire ignorance that Aftyphilus ever made a will, is not conclufive; but, in my apprehenfion, when the controversy turns. upon the exiftence of a teftament and the adoption of a fon, the declarations of intimate friends, that they were not prefent at a tranfaction of fo much confequence, ought to have far more weight than the allegations of mere ftrangers that they were prefent; nor would Cleon himself, who was never remarked for fimplicity, have neglected to convene any relations of Aftyphilus, who were in the city, or any other perfons whom he knew to be at all connected with him, that they might attest a will, by which his own fon was appointed heir to an eftate; for no man could have prevented the teftator from difpofing as he pleased of his own property, and fuch conduct would have removed the fufpicion naturally arifing from a will made in fecret. Had