SPEECH THE FIFTH.

ON THE ESTATE OF PHILOCTEMON.

THE ARGUMENT.

PHILOCTEMON, one of Euctemon's sons, having adopted Chærestratus, the son of Phanostratus and his younger sister, deposited his will with Chæreas, his elder sister's husband, and died in the lifetime of his father. When he also was dead, Chærestratus claimed the inheritance according to law; and, when one Androcles protested that the estate could not be the subject of litigation, because Euctemon had left two legitimate sons, Antidorus and another, the friends of Chærestratus excepted to the protestation, averring that both Antidorus. and his brother were illegitimate, and relying upon the law of Solon, which expressly declared, that bastards, whether male or female, should not inherit the clients of Isæus, therefore, maintain the affirmative in two issues; in one, that Philoctemon adopted Chærestratus; in another, that Antidorus was a bastard.

SPEECH THE FIFTH.

Chareftratus against Androcles.

THAT I am intimately connected, judges, with Phanoftratus, and with Chæreftratus, who now appears before you, many of you, I believe, perfectly know: but those, who are unacquainted with our friendship, shall hear how strong a proof I gave of it; for, when Meneftratus failed to Sicily with the naval command, I, who had before been on a fimilar expedition, forefaw all the perils which ensued; yet, at the request of these dear friends, I was the companion both of their voyage and of their misfortunes: now I should act most abfurdly, if I voluntarily expofed myself to fuch imminent danger, because I was connected with them and valued that connection, but fhould now decline the task of fpeaking for them, that you may decide their cause agreeably to your oaths, and that they may obtain complete juftice from your verdict. I intreat you therefore to indulge me with your favour, and to hear me with benevolence; for this is no trifling contest, but a question of the highest importance to the happiness of my friends.

Philoctemon of Cephifia, the fon of Euctemon, had fo great a regard for Chæreftratus, that he adopted him by will and appointed him fucceffor to his eftate: when, therefore, Chærestratus claimed his fucceffion in due form (at which time any Athenian had a right to set up an adverse claim in a direct course of law, and, if he could prove a better title, would have enjoyed the fortune) this Androcles, instead of bringing a fair and regular action, entered a proteftation that the estate was not liable to controverfy, intending to prevent my friend from supporting his claim, and you from determining who is the rightful heir of Philoctemon: thus in a single cause and by a single decree he hopes to obtrude upon the deceased two fictitious brothers, who bear no relation to him ; to poffefs the property himself without a competitor; to difpofe as he pleases of Philoctemon's fifter; and to deftroy the efficacy of his teftament.

Of the many audacious falfities, which the protestation of Androcles contains, that concerning the will shall be first confuted; and I will prove not only that Philoctemon made a will, but that he appointed Chæreftratus to be his fon and fucceffor; for, as he had no children by his wife, as the war was carried on with violence, and as his frequent expeditions both by

land and fea expofed him to continual danger, he refolved, left his inheritance should become defolate for want of an heir, to nominate one by his will his two brothers had both died childlefs; and one of his fifters, who had been many years married to Chæreas, had borne him no male child; but his other fifter, the wife of my friend Phanoftratus, had two fons, the elder of whom, Chæreftratus, he adopted as his own, and declared in his teftament, that, if his wife was not delivered of a fon, Chæreftratus fhould have his estate. This will, which he depofited with his brother-in-law Chæreas, fhall now be read to you; and then attend to the witneffes who were prefent at the execution of it. THE

WILL. EVIDENCE.

my

You have heard the proof of his will, and have obferved how his eftate is given by it to client: now to prove that he had a power of making such a testamentary disposition, the law itself shall be produced, from which you will eafily perceive the juftice of the whole tranfac

This law, judges, which equally binds us all, permits every man, who has no legitimate children, to difpofe by will of his property, unless his faculties be impaired by age, or by disorder, or by any of the infirmities which are specified in the law: now that Philoftemon had not one