ing to mind both the laws and your oaths, and reflecting on the evidence which we have laid before you, pronounce a fentence confiftent with juftice and truth. SPEECH THE FOURTH, ON THE ESTATE OF DICEOGENES. THE ARGUMENT. DICEOGENES, whose estate is in dispute, had four sisters, all of whom were married and had issue. When he died without children, his uncle Proxenus produced a will, by which the deceased appeared to have left his cousin Dicæogenes, one of the defendants, a third part of his effects, and the legacy was accordingly delivered; but the cousin, not satisfied with a share, insisted that he had a right to the whole; and, having set up another will in his favour, obtained a decree by surprize, and took the remaining two thirds from the sisters of the deceased. Afterwards the sons of those sisters, being prepared with their evidence, disputed the validity of the second will, and proved it to have been forged; upon which Dicæogenes undertook to restore the two thirds without diminution, and one Leochares was his surety but on their refusal to perform their promise, the nephews of the elder Dicæogenes commenced a suit against the principal and the surety for a specifick performance of their agreement. ON THE ESTATE OF DICEOGENES. 123 ? SPEECH THE FOURTH. Menexenus and Others against Dicaogenes and Leochares. WE had imagined, judges, that all agreements made in court concerning this dispute would have been specifically performed; for, when Dicæogenes difclaimed the remaining two thirds of this eftate, and was bound, together with his furety, to restore them without any controverfy, on the faith of this affurance we gave a release of our demands: but now, fince he refufes to perform his engagement, we bring our complaint, conformably to the oath which we have taken, both against him and his furety Leochares. THE OATH. That we fwore truly, both Cephifodotus, who ftands near me, perfectly knows, and the evidence, which we shall adduce, will clearly demonftrate. Read the depofitions. EVIDENCE. You have heard the testimony of these witneffes; and I am perfuaded, that even Leochares himself will not venture to affert that they are perjured; but he will have recourse perhaps to this defence, that Dicæogenes has fully performed his agreement, and that his own office |