0. Argument Astyphilus and the speaker of this oration were half-brothers, children of the same mother. On the death of Astyphilus a certain Cleon, his first cousin, produced a will, alleging that it had been made in favor of his own son. The brother of Astyphilius attacks the will as being a forgery. The discussion turns on a question of fact.
0. Ὑπόθεσις Ἀστύφιλος καὶ ὁ λέγων τὸν λόγον ἀδελφοὶ ὁμομήτριοι· τελευτήσαντος δὲ τοῦ Ἀστυφίλου διαθήκας προήνεγκε Κλέων τις, ἀνεψιὸς ὢν αὐτοῦ, φάσκων αὐτὰς γενέσθαι εἰς τὸν υἱὸν ἑαυτοῦ. ὁ δὲ ἀδελφὸς τοῦ Ἀστυφίλου κατηγορεῖ τῶν διαθηκῶν ὡς πλαστῶν. ἡ στάσις στοχασμός.
1. Astyphilus, the owner of the estate, was my half-brother, gentlemen, the son of my mother. He went abroad with the force which sailed to Mytilene, and died there. I shall try and prove to you what I stated in my affidavit, namely, that the deceased did not adopt a son, that he did not bequeath his property, that he left no will, and that no one except myself has a right to the estate of Astyphilus.
1. ἀδελφός μοι ἦν ὁμομήτριος, ὦ ἄνδρες, Ἀστύφιλος, οὗ ἐστιν ὁ κλῆρος· ἀποδημήσας οὖν μετὰ τῶν εἰς Μυτιλήνην στρατιωτῶν ἐτελεύτησε. πειράσομαι δʼ ὑμῖν ἐπιδεῖξαι ὅπερ ἀντώμοσα, ὡς οὔτε ἐποιήσατο ἐκεῖνος ὑὸν ἑαυτῷ, οὔτʼ ἔδωκε τὰ ἑαυτοῦ, οὔτε διαθήκας κατέλιπεν, οὔτε προσήκει ἔχειν τὰ Ἀστυφίλου οὐδενὶ ἄλλῳ ἢ ἐμοί.
2. Cleon, my adversary, is first cousin to Astyphilus on his father's side, and his son, whom he pretends that Astyphilus adopted, is his first cousin once removed. Cleon's father, however, passed by adoption into another family, and they still belong to that family, so that in law they have no sort of relationship with Astyphilus. Seeing that they had no claim on these grounds, gentlemen, they concocted a will, which, as I think I shall be able to prove, is a forgery, and are trying to deprive me of my brother's estate.
2. ἔστι γὰρ [ὁ] Κλέων οὑτοσὶ ἀνεψιὸς Ἀστυφίλῳ πρὸς πατρός, ὁ δὲ ὑὸς ὁ τούτου, ὃν εἰσποιεῖ ἐκείνῳ, ἀνεψιαδοῦς. εἰσποίητος δʼ ἦν ὁ πατὴρ ὁ Κλέωνος εἰς ἄλλον οἶκον, καὶ οὗτοι ἔτι εἰσὶν ἐν ἐκείνῳ τῷ οἴκῳ, ὥστε γένει μὲν διὰ τὸν νόμον οὐδὲν προσήκουσιν Ἀστυφίλῳ. ἐπειδὴ δὲ κατὰ ταῦτα οὐκ ἦν ἀμφισβήτησις, διαθήκας, ὦ ἄνδρες, ψευδεῖς (ὡς ἐγὼ οἶμαι ἐπιδείξειν) κατεσκεύασαν καὶ ζητοῦσιν ἀποστερῆσαί με τῶν τἀδελφοῦ·
3. So confident, indeed, has Cleon here always been, and still is, that no one but himself is to have the estate, that, as soon as the news of Astyphilus's death was reported—my father being ill at the time and I abroad on military service—he entered into possession of the landed estate and declared that anything else which Astyphilus left belonged to his own son, without ever giving you the opportunity to decide the matter.
3. καὶ οὕτω σφόδρα Κλέων οὑτοσὶ καὶ πρότερον καὶ νῦν οὐδένα ἄλλον τὸν κλῆρον ἡγεῖται ἕξειν ἢ αὑτόν, ὥστʼ ἐπειδὴ τάχιστα ἠγγέλθη Ἀστύφιλος τετελευτηκώς, τοῦ μὲν πατρὸς τοῦ ἐμοῦ ἀσθενοῦντος, ἐμοῦ δὲ οὐκ ἐπιδημοῦντος ἀλλὰ στρατευομένου, εἰς τὸ χωρίον ἐνεβάτευσε, καὶ εἴ τι ἄλλο ἐκεῖνος κατέλιπεν, ἅπαντα ἔφη τοῦ ὑοῦ τοῦ ἑαυτοῦ εἶναι, πρίν τι ὑμᾶς ψηφίσασθαι.
4. When, however, my brother's remains were brought home, the person who claims to have been long ago adopted as his son did not lay them out or bury them, but Astyphilus's friends and companions-in-arms, seeing that my father was ill and I was abroad, themselves laid out the remains and carried out all the other customary rites, and conducted my father, ill though he was, to the tomb, well knowing the affection in which Astyphilus held him. I will produce before you the friends of the deceased, who were amongst those who were present, as witnesses of this.
4. ἐπεὶ δʼ ἐκομίσθη τὰ ὀστᾶ τοῦ ἀδελφοῦ, ὁ μὲν προσποιούμενος πάλαι ὑὸς εἰσπεποιῆσθαι οὐ προὔθετο οὐδʼ ἔθαψεν, οἱ δὲ φίλοι Ἀστυφίλου καὶ οἱ συστρατιῶται, ὁρῶντες τὸν πατέρα τὸν ἐμὸν ἀρρωστοῦντα, ἐμὲ δὲ οὐκ ἐπιδημοῦντα, αὐτοὶ καὶ προὔθεντο καὶ τἆλλα πάντα τὰ νομιζόμενα ἐποίησαν καὶ τὸν ἐμὸν πατέρα ἀσθενοῦντα ἐπὶ τὸ μνῆμα ἤγαγον, εὖ εἰδότες ὅτι ἀσπάζοιτο αὐτὸν Ἀστύφιλος. τούτου δʼ ὑμῖν αὐτοὺς τοὺς ἐπιτηδείους τοὺς ἐκείνου μάρτυρας παρέξομαι τῶν παρόντων.
5. Witnesses That Cleon did not bury Astyphilus, even he himself would not deny, and evidence of the fact has been given you. On my return home I found my opponents in enjoyment of the property of the deceased; [I, therefore, sought out Cleon, who informed me that] his son had been adopted by Astyphilus, and that the latter had left a will to this effect in the keeping of Hierocles of Iphistiadae. On hearing this from him I proceeded to the house of Hierocles, knowing full well that he was on terms of the closest possible intimacy with Cleon, though I never thought that he would dare to lie against the wishes of Astyphilus now that he was dead, especially as he was his uncle as well as mine.
5. Μάρτυρες ὅτι μὲν οὐκ ἔθαψε Κλέων Ἀστύφιλον, οὐδʼ 〈ἂν〉 αὐτὸς ἔξαρνος γένοιτο μεμαρτύρηταί τε ὑμῖν· ἐπειδὴ δʼ ἐπεδήμησα ἐγὼ καὶ ᾐσθόμην καρπουμένους τούτους τὰ ἐκείνου, … ὁ [δὲ] ὑὸς αὐτοῦ ποιηθείη ὑπὸ Ἀστυφίλου, καὶ τούτων διαθήκας καταλίποι παρὰ Ἱεροκλεῖ Ἰφιστιάδῃ. ἀκούσας δʼ ἐγὼ λέγοντος αὐτοῦ ταῦτα ἐπορευόμην παρὰ τὸν Ἱεροκλέα, εὖ μὲν εἰδὼς ὅτι ὡς οἷόν τε μάλιστα ἐπιτήδειος εἴη Κλέωνι, οὐχ ἡγούμενος δʼ ἂν αὐτὸν τολμῆσαί τι ψεύσασθαι κατὰ Ἀστυφίλου τετελευτηκότος, καὶ ταῦτα θεῖον ὄντα καὶ ἐμοῦ καὶ ἐκείνου.
6. Nevertheless, gentlemen, regardless of these considerations, Hierocles in reply to my questions stated that the will was in his possession and said that he had received it from Astyphilus when he was on the point of sailing to Mytilene. And to prove that he made these statements, please read this deposition.
6. ὅμως δέ, ὦ ἄνδρες, οὐδὲν τούτων ὑπολογισάμενος ὁ Ἱεροκλῆς ἐρωτώμενος ὑπʼ ἐμοῦ ἀπεκρίνατό μοι ὅτι ἔχοι τὰς διαθήκας· λαβεῖν δὲ ἔφη αὐτὰς παρὰ Ἀστυφίλου, ὅτε εἰς Μυτιλήνην ἔμελλεν ἐκεῖνος ἐκπλεῖν. ὡς δὲ ταῦτʼ ἔλεγεν, ἀνάγνωθί μοι ταύτην τὴν μαρτυρίαν [ὅτι Ἱεροκλῆς ἀπεκρίνατο].
7. Deposition Since, then, gentlemen, no one of my brother's relatives was present when he died and I was abroad when his remains were brought hither, I am obliged to use the actual statements of my adversaries to prove that the will is a forgery. It is only reasonable to suppose that Astyphilus did not merely feel a desire to adopt a son, but also provided that whatever dispositions he made should be as effectual as possible, and that, whomsoever he adopted, that person should both possess his estate and have access to his ancestral altars and perform all the customary rites for himself after his death and for his forefathers.
7. Μαρτυρία ἐπειδὴ τοίνυν, ὦ ἄνδρες, οὔτε παραγενόμενος οὐδεὶς ἔτυχε τῶν οἰκείων ὅτε ὁ ἀδελφὸς ἐτελεύτησεν, οὔτε ἐγὼ ἐπεδήμουν ὅτε τὰ ὀστᾶ αὐτοῦ δεῦρο ἐκομίσθη, ἀναγκαῖόν μοί ἐστιν ἐξ αὐτῶν ὧν οὗτοι λέγουσιν ἐλέγχειν ψευδεῖς οὔσας τὰς διαθήκας [ἃς ἐποιήσαντο]. εἰκὸς γὰρ ἐκεῖνον οὐ μόνον ἐπιθυμεῖν ὑὸν ποιησάμενον καταλιπεῖν, ἀλλὰ καὶ σκοπεῖσθαι ὅπως κυριώτατα ἔσται ἃ ἂν διαθῆται, καὶ τήν τε οὐσίαν, ὃν ἂν ἐκεῖνος εἰσποιήσηται, οὗτος ἕξει, καὶ ἐπὶ τοὺς βωμοὺς τοὺς πατρῴους οὗτος βαδιεῖται, καὶ τελευτήσαντι αὐτῷ καὶ τοῖς ἐκείνου προγόνοις τὰ νομιζόμενα ποιήσει·
8. He would be assured that all these intentions would be best effected, not if he made his will without the attestation of any of his friends, but if he summoned first his kinsmen, then the members of his ward and deme, and finally as many as possible of his other acquaintances; for then anyone who might claim the estate either as next-of-kin or as legatee could be easily convicted of false pretences.
8. ἅπαντα δὲ ταῦτα μάλιστʼ ἂν εἰδέναι ὅτι γένοιτο, εἰ μὴ ἄνευ τῶν οἰκείων τῶν ἑαυτοῦ τὰς διαθήκας ποιοῖτο, ἀλλὰ πρῶτον μὲν συγγενεῖς παρακαλέσας, ἔπειτα δὲ φράτορας καὶ δημότας, ἔπειτα τῶν ἄλλων ἐπιτηδείων ὅσους δύναιτο πλείστους· οὕτω γὰρ εἴτε κατὰ γένος εἴτε κατὰ δόσιν ἀμφισβητοίη τις, ῥᾳδίως ἂν ἐλέγχοιτο ψευδόμενος.
9. Astyphilus is shown to have taken none of these precautions, and not to have summoned any of the persons whom I have mentioned when he made the will which my opponents allege that he made—unless, indeed, anyone has been suborned by them to state that he was present. I will myself produce all these persons before you as witnesses.
9. ὁ τοίνυν Ἀστύφιλος οὐδὲν φαίνεται τοιοῦτον ποιήσας, οὐδὲ παραστησάμενος οὐδένα τούτων ὅτε διέθετο ἃ οὗτοί φασιν, εἰ μή τις ἄρα ὑπὸ τούτων πέπεισται ὁμολογεῖν παρεῖναι. αὐτὸς δʼ ὑμῖν πάντας τούτους μαρτυροῦντας παρέξομαι.
10. Witnesses Cleon will perhaps contend that you ought not to draw any conclusions from the evidence of these witnesses, because they merely depose that they have no knowledge of the making of this will by Astyphilus. But in my opinion, since the controversy is about a will and about the adoption of a son by Astyphilus, more weight should be attached by you to the evidence of the intimate friends of the deceased, when they declare that they were not present on so important an occasion, than to the evidence of those who have no connection with him, to the effect that they were present.
10. Μάρτυρες ἴσως τοίνυν Κλέων οὑτοσὶ φήσει οὐκ εἰκὸς εἶναι τεκμηρίοις ὑμᾶς χρήσασθαι τούτοις τοῖς μάρτυσιν, ὅτι μαρτυροῦσι μὴ εἰδέναι Ἀστύφιλον ταῦτα διατιθέμενον. ἐγὼ δʼ οἶμαι, περί γε διαθηκῶν οὔσης τῆς ἀμφισβητήσεως καὶ περὶ τοῦ ποιηθῆναί τινα ὑὸν Ἀστυφίλῳ, ἡμῖν πολὺ βεβαιοτέραν εἶναι μαρτυρίαν ἣν οἱ ἀναγκαῖοι 〈οἱ〉 ἐκείνου περὶ τῶν μεγίστων μή φασι παραγενέσθαι, μᾶλλον ἢ ἣν οἱ μηδὲν προσήκοντες μαρτυροῦσι παρεῖναι.
11. Moreover, Cleon himself, being apparently no fool, when Astyphilus was adopting his son and making the will, ought to have summoned any relatives whom he knew to be in the city and practically any other person with whom he knew Astyphilus to be intimate. For no one could have prevented Astyphilus from devising his property to whomsoever he wished; but the fact that the will was not made in secret, would have been strong evidence in Cleon's favor.
11. καὶ ἐχρῆν δʼ, ὦ ἄνδρες, καὶ αὐτὸν Κλέωνα, μὴ δοκοῦντα εἶναι ἠλίθιον, ὅτε τὸν ὑὸν τὸν τούτου ἐποιεῖτο Ἀστύφιλος καὶ τὰς διαθήκας κατέλειπε, παρακαλέσαι εἴ τέ τινα συγγενῆ ἐπιδημοῦντα ἐγίγνωσκε, καὶ τοὺς ἄλλους, ὅτῳ περ ἔμβραχυ ᾔδει Ἀστύφιλον χρώμενον. κωλῦσαι μὲν γὰρ οὐδεὶς ἂν αὐτὸν ἐδύνατο, ὅτῳ ἐβούλετο, δοῦναι τὰ ἑαυτοῦ· τούτῳ δʼ ἂν μεγάλη μαρτυρία ἦν, ὅτι οὐ λάθρᾳ ταῦτα διέθετο.
12. Furthermore, gentlemen, if Astyphilus wished that no one should know that he was adopting Cleon's son or that he had left a will, no one else's name ought to have been inscribed in the document as witness; but if it appears that he made a will in the presence of witnesses, and those witnesses were not taken from among those who were most intimate with him but were chance persons, is there any probability that the will is genuine?
12. ἔτι δʼ, ὦ ἄνδρες, εἰ μὲν ὁ Ἀστύφιλος μηδένα ἐβούλετο εἰδέναι ὅτι τὸν Κλέωνος ὑὸν ἐποιεῖτο μηδʼ ὅτι διαθήκας καταλίποι, εἰκὸς ἦν μηδὲ ἄλλον μηδένα ἐγγεγράφθαι ἐν τῷ γραμματείῳ μάρτυρα· εἰ δʼ ἐναντίον μαρτύρων φαίνεται διαθέμενος, τούτων δὲ μὴ τῶν μάλιστα χρωμένων ἀλλὰ τῶν ἐντυχόντων, πῶς εἰκός ἐστιν ἀληθεῖς εἶναι τὰς διαθήκας;
13. For my part I cannot believe that anyone, when he was adopting a son, would have ventured to summon as witnesses any other persons except those with whom he was about to leave that son, to take his own place as an associate for the future in their religious and civic acts. Moreover, no one ought to be ashamed of summoning the largest possible number of witnesses to the execution of such a will, when there is a law which permits a man to bequeath his property to whomsoever he wishes.
13. οὐ γὰρ 〈ἂν〉 ἡγοῦμαι ἔγωγε οὐδένα, ὑὸν ἑαυτῷ ποιούμενον, τολμῆσαι ἄλλους τινὰς παρακαλέσαι ἢ τούτους, οἷς περ καὶ ἱερῶν καὶ ὁσίων κοινωνὸν ἀνθʼ αὑτοῦ εἰς τὸν ἔπειτα χρόνον ἔμελλε καταλιπεῖν. ἀλλὰ μὴν οὐδʼ αἰσχυνθῆναι οὐδενὶ προσήκει ἐπὶ τοιαύταις διαθήκαις ὡς πλείστους μάρτυρας παρίστασθαι, νόμου γε ὄντος ἐξεῖναι ὅτῳ βούλοιτο δοῦναι τὰ ἑαυτοῦ.
14. Now consider the matter, gentlemen, from the point of view of the date which my opponents assign to the will. They say that he made these dispositions when he was sailing for Mytilene on military service; it is clear then from their account that he knew beforehand all that fate had in store for him! For he served first at Corinth, then in Thessaly and again throughout the Theban war, and wherever else he heard of an army being collected, he went abroad holding a command; yet never on his departure for any one of these campaigns did he leave a will behind him. The expedition to Mytilene was his last, for in it he perished.
14. σκέψασθε δέ, ὦ ἄνδρες, καὶ ἐκ τοῦ χρόνου ὃν οὗτοι λέγουσι περὶ τῶν διαθηκῶν. ὅτε γὰρ εἰς Μυτιλήνην ἐξέπλει στρατευόμενος, τότε φασὶν αὐτὸν ταῦτα διαθέσθαι· φαίνεται δὲ ὁ Ἀστύφιλος τῷ τούτων λόγῳ τὰ μέλλοντα ἅπαντα ἔσεσθαι προειδώς. πρῶτον μὲν γὰρ ἐστρατεύσατο εἰς Κόρινθον, ἔπειτα εἰς Θετταλίαν, ἔτι δὲ τὸν Θηβαικὸν πόλεμον ἅπαντα, καὶ ἄλλοσε ὅπου περ αἰσθάνοιτο στράτευμα συλλεγόμενον, ἁπανταχοῖ ἀπεδήμει λοχαγῶν· καὶ οὐδʼ ἐν μιᾷ τούτων τῶν ἐξόδων διαθήκας κατέλιπεν. ἡ δὲ εἰς τὴν Μυτιλήνην στρατεία τελευταία αὐτῷ ἐγένετο, ἐν ᾗ καὶ ἀπέθανε.
15. Who among you can believe it possible that the decrees of fate should correspond so exactly with Astyphilus's conduct, that when he was preparing for other campaigns and was well aware that he was going to run risks on all of them, on no previous occasion did he make any disposition of his property, yet when he was about to set out on his last expedition, going out as a volunteer with every prospect of returning safe and sound from this campaign, on this occasion only did he make a will and then sail away and lose his life? How can you credit such a coincidence?
15. τῷ οὖν ἂν ὑμῶν φανείη πιστόν, πρότερον ἄλλας στρατείας τοῦ Ἀστυφίλου στρατευομένου καὶ εὖ εἰδότος ὅτι ἐν ἁπάσαις μέλλοι κινδυνεύειν, οὕτως ἀκριβῶς τὰ παρὰ τῆς τύχης συμβῆναι, ὥστʼ ἐν μὲν τῷ πρόσθεν χρόνῳ μηδὲ περὶ ἑνὸς αὐτὸν τῶν αὑτοῦ διαθέσθαι, ὅτε δὲ τὸ τελευταῖον ἔμελλε στρατεύεσθαι, ἐθελοντήν τε ἐκπλέοντα καὶ μάλιστα ἐκ ταύτης τῆς στρατείας ἐλπίζοντα σωθήσεσθαι (πῶς τοῦτον πιστὸν ἤδη;) τὰς διαθήκας τότε καταλιπεῖν καὶ ἐκπλεύσαντα τελευτῆσαι;
16. But besides this, judges, I will produce still stronger indications that there is no truth in what my opponents say. I will prove to you that Astyphilus had no such bitter enemy as Cleon, and hated him so much and with such good cause, that he would have been much more likely to have arranged that no one of his family should ever speak to Cleon than to have adopted his son.
16. χωρὶς δὲ τούτων, ὦ ἄνδρες δικασταί, ἔτι μείζω τεκμήρια παρέξομαι ὡς οὐδὲν ἀληθὲς λέγουσιν οὗτοι. ἐπιδείξω γὰρ ὑμῖν ἔχθιστον ἁπάντων ὄντα Ἀστύφιλον Κλέωνι, καὶ οὕτω σφόδρα καὶ δικαίως μισοῦντα τοῦτον, ὥστε πολὺ ἂν θᾶττον διαθέμενον μηδένα ποτὲ τῶν ἑαυτοῦ οἰκείων διαλεχθῆναι Κλέωνι, μᾶλλον ἢ τὸν τούτου ὑὸν ποιησάμενον.
17. For the death of Euthycrates, the father of Astyphilus, is said to have been caused by an assault made upon him by Thudippus, the father of Cleon here, in the course of a quarrel which arose between them over the division of their land, and he is said to have received such treatment that he fell ill as a result of the blows and died not many days later.
17. Εὐθυκράτει γάρ, ὦ ἄνδρες, τῷ πατρὶ τῷ Ἀστυφίλου αἴτιος γενέσθαι λέγεται τοῦ θανάτου Θούδιππος ὁ Κλέωνος τουτουὶ πατήρ, αἰκισάμενος ἐκεῖνον διαφορᾶς τινος αὐτοῖς γενομένης ἐν τῇ νεμήσει τοῦ χωρίου, καὶ οὕτως αὐτὸν διατεθῆναι, ὥστε ἐκ τῶν πληγῶν αὐτὸν ἀσθενήσαντα οὐ πολλαῖς ἡμέραις ὕστερον ἀποθανεῖν.
18. That this story is true, many of the Araphenians, who were tilling their land at the time, would probably testify for me, but I could not find anyone to give positive evidence in so grave a matter. Hierocles, the man who alleges that the will was deposited in his custody, saw Euthycrates struck, but I am sure that he would not be willing to give evidence to the detriment of the will which he is himself producing. But for all that, summon Hierocles that he may give his evidence before the court or else swear to his ignorance of the fact.
18. ὡς δὲ ταῦτʼ ἐστὶν ἀληθῆ, ἴσως μὲν καὶ Ἀραφηνίων καὶ πολλοὶ τῶν τότε συγγεωργούντων μαρτυρήσειαν ἄν μοι, διαρρήδην δὲ περὶ τηλικούτου πράγματος οὐκ ἂν ἔχοιμι ὅπως ὑμῖν παρασχοίμην. καὶ γὰρ αὐτὸν τυπτόμενον ἰδὼν Ἱεροκλῆς, ὁ τὸ γραμματεῖον φάσκων παρʼ ἑαυτῷ τεθῆναι, οἶδʼ ὅτι οὐκ ἂν ἐθελήσειε μαρτυρῆσαι ἐναντία ταῖς διαθήκαις αἷς αὐτὸς ἀποφαίνει. ὅμως μέντοι καὶ κάλει Ἱεροκλέα, ἵνα ἐναντίον τούτων μαρτυρήσῃ ἢ ἐξομόσηται.
19. Oath of Ignorance I was quite sure he would say this; for it is quite in the same character for a man to swear that he is ignorant of facts which he really knows and to be willing to pledge his oath to the truth of what has never really happened. However, to prove that Euthycrates, the father of Astyphilus, on his death-bed charged his friends never to allow any of Thudippus's family to come near his tomb, I will produce as witness before you the husband of Astyphilus's aunt.
19. Ἐξωμοσία ἀκριβῶς μὲν ᾔδειν· τοῦ γὰρ αὐτοῦ ἀνδρός ἐστιν, ἃ μὲν οἶδεν, ἐξόμνυσθαι, τῶν δὲ μὴ γενομένων πίστιν ἐθέλειν ἐπιθεῖναι ἦ μὴν εἰδέναι γενόμενα· ὡς δέ, ὅτε ἀπέθνησκεν [ὁ] Εὐθυκράτης ὁ πατὴρ Ἀστυφίλου, ἐπέσκηψε τοῖς οἰκείοις μηδένα ποτὲ ἐᾶσαι ἐλθεῖν τῶν Θουδίππου ἐπὶ τὸ μνῆμα τὸ ἑαυτοῦ, τούτων ὑμῖν τὸν ἔχοντα τὴν τηθίδα τοῦ Ἀστυφίλου μάρτυρα παρέξομαι.
20. 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.
20. Μαρτυρία ἀκούων τοίνυν ταῦτα ὁ Ἀστύφιλος καὶ τούτου καὶ τῶν ἄλλων προσηκόντων εὐθέως ἐκ παιδίου, ἐπειδὴ τάχιστα ἤρχετο φρονεῖν, οὐδὲ πώποτε διελέχθη Κλέωνι, ἀλλὰ πρότερον ἐτελεύτησεν, οὐχ ἡγούμενος ὅσιον εἶναι, τοιαύτην αἰτίαν ἔχοντος Θουδίππου περὶ τὸν αὑτοῦ πατέρα, τῷ ἐκείνου ὑεῖ διαλέγεσθαι. ὡς οὖν τὸν ἅπαντα χρόνον διάφορος ἦν Κλέωνι, τούτων ὑμῖν τοὺς συνειδότας μάρτυρας παρέξομαι.
21. 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.
21. Μάρτυρες εἰς τὰς θυσίας τοίνυν, ἐν αἷσπερ οἱ ἄλλοι Ἀθηναῖοι ἑστιῶνται, πρῶτον μὲν δημότην ὄντα, ἔπειτα ἀνεψιόν, ἔτι δὲ τὸν ὑὸν τούτου μέλλοντα ποιεῖσθαι, εἰκὸς δήπου ἦν, ὁπότε περ ἐπιδημοίη, μηδὲ μεθʼ ἑνὸς ἄλλου ἰέναι τὸν Ἀστύφιλον ἢ μετὰ Κλέωνος. ὡς τοίνυν οὐδέποτʼ ἦλθε μετʼ αὐτοῦ, ὑμῖν τῶν δημοτῶν μαρτυρίαν ἀναγνώσεται.
22. 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.
22. Μαρτυρία οὕτως τοίνυν διακείμενος τῷ τετελευτηκότι Κλέων ἀξιοῖ τὸν ὑὸν τὸν ἑαυτοῦ τὰ ἐκείνου ἔχειν. καὶ τί δεῖ τοῦτον λέγειν; ἀλλʼ Ἱεροκλῆς, θεῖος ὢν καὶ 〈ἐκείνῳ καὶ〉 ἐμοί, οὕτως ἐστὶ τολμηρὸς ὥστε οὐ γενομένας διαθήκας ἥκει φέρων, καί φησι παρʼ ἑαυτῷ Ἀστύφιλον ταύτας καταλιπεῖν.
23. 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.
23. καίτοι, Ἱερόκλεις, πολλὰ κἀγαθὰ παθὼν ὑπὸ Θεοφράστου τοῦ πατρὸς τοῦ ἐμοῦ, ὅτε χεῖρον ἔπραττες ἢ νυνί, καὶ ὑπὸ Ἀστυφίλου, οὐδετέρῳ αὐτοῖν τὴν ἀξίαν χάριν ἀποδίδως· ἐμὲ μὲν γὰρ ὑὸν ὄντα Θεοφράστου, σαυτῷ δὲ ἀδελφιδοῦν, ἀποστερεῖς ἅ μοι οἱ νόμοι ἔδοσαν, Ἀστυφίλου δὲ τεθνεῶτος καταψεύδῃ, καὶ τὸ κατὰ σαυτὸν μέρος τοὺς ἐχθίστους καθίστης τῶν ἐκείνου κληρονόμους.
24. 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.
24. καὶ πρὶν μὲν ληχθῆναι τοῦ κλήρου, ὦ ἄνδρες, εὖ εἰδὼς ὁ Ἱεροκλῆς ὅτι οὐδενὶ ἄλλῳ γίγνοιτο τὰ Ἀστυφίλου ἢ ἐμοί, ἐν μέρει ἑκάστῳ τῶν ἐκείνου ἐπιτηδείων προσῄει πωλῶν τὸ πρᾶγμα καὶ τοὺς οὐδὲν προσήκοντας πείθων ἀμφισβητεῖν, λέγων ὅτι θεῖος εἴη Ἀστυφίλῳ καὶ ἀποφανοίη διαθήκας ἐκεῖνον καταλελοιπότα, εἴ τις αὑτῷ κοινώσοιτο· ἐπειδὴ δὲ πρὸς Κλέωνα διωμολογήσατο καὶ τῶν τοῦ ἀδελφοῦ ἐμερίσατο, νυνὶ ὡς ἀληθῆ λέγων ἀξιώσει πιστεύεσθαι. δοκεῖ δέ μοι κἂν ὀμόσαι ἄσμενος, εἴ τις αὐτῷ ὅρκον διδοίη.
25. 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.
25. καὶ ἐμοὶ μὲν συγγενὴς ὢν οὐδὲ τὰ γενόμενα ἐθέλει μαρτυρεῖν, ᾧ δʼ οὐδὲν προσήκει, τούτῳ τὰ ψευδῆ συλλαμβάνει καὶ τῶν οὐ πραχθέντων γραμματεῖον ἥκει φέρων· πολὺ γὰρ προὐργιαίτερον ἡγεῖται εἶναι τὸ χρηματίζεσθαι ἢ τὴν ἐμὴν συγγένειαν. ὡς δὲ ἐπηγγέλλετο περιιὼν διαθήκας ἀποφανεῖν, εἴ τις αὑτῷ κοινώσαιτο, αὐτοὺς ὑμῖν οἷς προσῆλθε μάρτυρας παρέξομαι.
26. 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.
26. Μάρτυρες τί οὖν χρή, ὦ ἄνδρες, ὄνομα θέσθαι τούτῳ τῷ ἀνδρί, ὅστις ἐθέλει οὕτω ῥᾳδίως διὰ τὸ ἑαυτοῦ κέρδος τῶν τεθνεώτων τινὸς καταψεύδεσθαι; ὡς δὲ οὐδὲ Κλέωνι προῖκα τὰς διαθήκας ἀποφαίνει, ἀλλὰ μισθὸν εἴληφεν, αὕτη ὑμῖν ἡ μαρτυρία οὐ μικρὸν τεκμήριον ἔσται. τοιαῦτα μέντοι κοινῇ ἐπʼ ἐμοὶ τεχνάζουσιν· ἡγεῖται γὰρ αὐτῶν ἑκάτερος εὕρημα ἔχειν ὅ τι ἂν τῶν Ἀστυφίλου λάβῃ.
27. 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.
27. ὡς μὲν οὖν οὐκ εἰσὶν ἀληθεῖς αἱ διαθῆκαι, ἀλλὰ Κλέων καὶ Ἱεροκλῆς βούλονται ὑμᾶς ἐξαπατῆσαι, καθʼ ὅσον ἐδυνάμην ἀπέδειξα· ὡς δʼ εἰ καὶ μηδὲν προσήκων ἔτυχον Ἀστυφίλῳ, δικαιότερός εἰμι ἔχειν τὰ ἐκείνου ἢ οὗτοι, διδάξω ὑμᾶς. ὅτε γὰρ ἐλάμβανε Θεόφραστος ὁ ἐμὸς πατὴρ τὴν ἐμὴν μητέρα καὶ Ἀστυφίλου παρὰ Ἱεροκλέους, ἦλθε καὶ αὐτὸν ἐκεῖνον ἔχουσα μικρὸν ὄντα, καὶ διῃτᾶτο παρʼ ἡμῖν τὸν ἅπαντα χρόνον ὁ Ἀστύφιλος, καὶ ἐπαιδεύθη ὑπὸ τοῦ πατρὸς τοῦ ἐμοῦ.
28. 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.
28. καὶ ἐπειδὴ ἐγὼ ἐγενόμην καὶ ὥραν εἶχον παιδεύεσθαι, μετʼ ἐκείνου συνεπαιδευόμην. λαβὲ δέ μοι ταύτην τὴν μαρτυρίαν, εἶτα τῶν διδασκάλων ὅποι ἐφοιτῶμεν. Μαρτυρίαι τὸ τοίνυν χωρίον τὸ ἐκείνου πατρῷον, ὦ ἄνδρες, ὁ πατὴρ ὁ ἐμὸς ἐφύτευσε καὶ ἐγεώργει καὶ ἐποίει διπλασίου ἄξιον. ἀνάβητέ μοι καὶ τούτων μάρτυρες.
29. 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 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.
29. Μάρτυρες ἐπεὶ τοίνυν ἐδοκιμάσθη ὁ ἀδελφός, ἀπέλαβε πάντα ὀρθῶς καὶ δικαίως, ὥστε ἐκεῖνον μηδὲ πώποτε μηδὲν ἐγκαλέσαι τῷ ἐμῷ πατρί. μετὰ δὲ ταῦτα τὴν ἀδελφὴν τὴν ἐκείνου ὁμοπατρίαν ἠγγύησεν ὁ ἐμὸς πατὴρ ὅτῳ ἐδόκει αὐτῷ, καὶ τἆλλα διῴκει, καὶ ταῦτα τῷ Ἀστυφίλῳ ἐξήρκει· ἱκανὴν γὰρ ἡγήσατο βάσανον εἰληφέναι ἀπὸ τοῦ πατρὸς τοῦ ἐμοῦ τῆς εἰς αὑτὸν εὐνοίας, ἐκ μικροῦ παιδίου τεθραμμένος παρʼ αὐτῷ. μαρτυροῦσι δὲ ὑμῖν καὶ περὶ τῆς ἐγγύης οἱ εἰδότες.
30. 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.
30. Μάρτυρες εἰς τοίνυν τὰ ἱερὰ ὁ πατὴρ ὁ ἐμὸς τὸν Ἀστύφιλον 〈ὄντα〉 παῖδα ἦγε μεθʼ ἑαυτοῦ ὥσπερ καὶ ἐμὲ πανταχῇ καὶ εἰς τοὺς θιάσους τοὺς Ἡρακλέους ἐκεῖνον [αὐτὸν] εἰσήγαγεν, ἵνα μετέχοι τῆς κοινωνίας. αὐτοὶ ὑμῖν οἱ θιασῶται μαρτυρήσουσιν. Μάρτυρες ἐγὼ δέ, ὦ ἄνδρες, ὡς διεκείμην πρὸς τὸν ἀδελφόν, σκέψασθε. πρῶτον μὲν γὰρ συνετράφην ἐκείνῳ ἐκ παιδίου, ἔπειτα οὐδέποτε διάφορος ἐγενόμην, ἀλλʼ ἠσπάζετό με, ὡς ἴσασιν οἱ οἰκεῖοι πάντες οἱ ἡμέτεροι καὶ οἱ φίλοι· οὓς βούλομαι ὑμῖν μάρτυρας ἀναβιβάσαι.
31. 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;
31. Μάρτυρες δοκεῖ ἂν οὖν ὑμῖν Ἀστύφιλος, ὦ ἄνδρες, οὕτω μὲν μισῶν Κλέωνα, τοσαῦτα δʼ ἀγαθὰ ὑπὸ τοῦ πατρὸς τοῦ ἐμοῦ πεπονθώς, αὐτὸς τῶν ἐχθρῶν ἄν τινος ὑὸν ποιήσασθαι ἢ τὰ ἑαυτοῦ δοῦναι, τοὺς εὐεργέτας καὶ τοὺς συγγενεῖς ἀποστερήσας; ἐγὼ μὲν οὐκ ἂν οἴομαι, εἰ καὶ δεκάκις ὁ Ἱεροκλῆς διαθήκας ψευδεῖς ἀποδεικνύει, ἀλλὰ καὶ διὰ τὸ ἀδελφὸν εἶναι καὶ διὰ τὴν ἄλλην οἰκειότητα πολὺ μᾶλλον προσήκειν ἐμοὶ ἢ τῷ Κλέωνος ὑεῖ, ἐπεὶ τούτοις γε οὐδὲ προσποιήσασθαι καλὸν ἦν τῶν Ἀστυφίλου, οἵτινες οὕτω διέκειντο πρὸς αὐτόν, τὰ δὲ ὀστᾶ οὐκ ἔθαψαν, ἀλλὰ πρότερον ἐπὶ τὴν οὐσίαν ἦλθον πρὶν ἐκείνῳ τὰ νομιζόμενα ποιῆσαι.
32. 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. … These men, 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.
32. ἔπειτα νῦν ἀξιώσουσι κληρονομεῖν τῶν Ἀστυφίλου οὐ μόνον τὰς διαθήκας λέγοντες, ἀλλὰ καὶ τὸ γένος παρατιθέντες, ὅτι ἀνεψιὸς ἦν Κλέων πρὸς πατρός. ὑμᾶς δέ, ὦ ἄνδρες, οὐκ εἰκός ἐστι τῷ τοὔτου γένει προσέχειν τὸν νοῦν· οὐδεὶς γὰρ πώποτε ἐκποίητος γενόμενος ἐκληρονόμησε τοῦ οἴκου ὅθεν ἐξεποιήθη, ἐὰν μὴ ἐπανέλθῃ κατὰ τὸν νόμον.... οὗτοι μέντοι ἀκριβῶς εἰδότες ὅτι οὐκ ἐποιήσατο Ἀστύφιλος τὸν Κλέωνος ὑόν, πολλάκις ἐληλυθότι αὐτῷ οὐδεπώποτε κεκρεανομήκασι. λαβέ μοι καὶ ταύτην τὴν μαρτυρίαν.
34. 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.
34. Μαρτυρία ἑκατέρῳ οὖν ἡμῶν, ἐξ ὧν ἀντωμόσαμεν σκεψάμενοι, ψηφίσασθε. Κλέων μὲν γάρ φησι τὸν ὑὸν τὸν ἑαυτοῦ Ἀστυφίλῳ εἰσποιηθῆναι, καὶ ταῦτʼ ἐκεῖνον διαθέσθαι· ἐγὼ δʼ οὔ φημι, ἀλλʼ ἐμὰ εἶναι πάντα τὰ Ἀστυφίλου, ἀδελφὸς ὢν ἐκείνου, ὡς καὶ αὐτοὶ οὗτοι ἴσασι. μὴ τοίνυν, ὦ ἄνδρες, εἰσποιήσητε ὑὸν Ἀστυφίλῳ ὃν οὐδʼ αὐτὸς ζῶν ἐκεῖνος ἐποιήσατο, ἀλλὰ τοὺς νόμους οὓς ὑμεῖς ἔθεσθε βεβαιώσατέ μοι· κατὰ τούτους γὰρ ἀμφισβητῶ, ὁσιωτάτην δέησιν δεόμενος, ὦ ἄνδρες, τῆς τοῦ ἀδελφοῦ οὐσίας κληρονόμον με καταστῆσαι.
35. 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;
35. ἀπέδειξα δʼ ὑμῖν ὡς οὐδενὶ ἐκεῖνος δέδωκε τὰ ἑαυτοῦ, καὶ μάρτυρας ἁπάντων ὧν εἶπον παρεσχόμην. βοηθήσατε οὖν μοι, καὶ εἰ λέγειν ἐμοῦ δύναται Κλέων μᾶλλον, τοῦτο αὐτῷ ἄνευ τοῦ νόμου καὶ τοῦ δικαίου μηδὲν ἰσχυσάτω, ἀλλʼ ὑμᾶς αὐτοὺς βραβευτὰς ἁπάντων καταστήσατε. διὰ τοῦτο γὰρ συλλέγεσθε, ἵνα τοῖς μὲν ἀναισχυντοῦσι μηδὲν πλέον ᾖ, οἱ δὲ ἀδυνατώτεροι τολμῶσι περὶ τῶν δικαίων ἀμφισβητεῖν, εὖ εἰδότες ὅτι ὑμεῖς οὐδενὶ ἄλλῳ τὸν νοῦν προσέχετε.
36. 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.
36. ἅπαντες οὖν, ὦ ἄνδρες, μετʼ ἐμοῦ γένεσθε· ὡς ἐάν τι ἄλλο ψηφίσησθε Κλέωνι πειθόμενοι, σκέψασθε ὁπόσων αἴτιοι γενήσεσθε. πρῶτον μὲν τοὺς ἐχθίστους Ἀστυφίλου ἐπί τε τὰ μνήματα ἰέναι καὶ ἐπὶ τὰ ἱερὰ 〈τὰ〉 ἐκείνου ποιήσετε· ἔπειτα τὰς Εὐθυκράτους ἐπισκήψεις, τοῦ πατρὸς τοῦ Ἀστυφίλου, ἀκύρους ποιήσετε, ἃς αὐτὸς πρότερον ἀπέθανεν ἢ παραβῆναι· ἔπειτα τετελευτηκότα Ἀστύφιλον παρανοίας αἱρήσετε·
37. 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.
37. εἰ γὰρ τοῦτον ἐποιήσατο ὑὸν οὗ τῷ πατρὶ πολεμιώτατος ἦν, πῶς οὐ δόξει τοῖς ἀκούσασι παρανοεῖν ἢ ὑπὸ φαρμάκων διεφθάρθαι; ἔτι δʼ ἐμέ, ὦ ἄνδρες δικασταί, ἐκτραφέντα ἐν τῷ αὐτῷ καὶ συμπαιδευθέντα Ἀστυφίλῳ καὶ ἀδελφὸν ὄντα, περιόψεσθε ὑπὸ Κλέωνος ἀποστερηθέντα τῶν ἐκείνου. ἀντιβολῶ ὑμᾶς καὶ ἱκετεύω ἐκ παντὸς τρόπου ψηφίσασθαί μοι· οὕτω γὰρ ἂν μάλιστα Ἀστυφίλῳ τε χαρίσαισθε κἀμὲ οὐκ ἂν ἀδικήσαιτε.