have the audacity to claim his eftate, not only relying on the will, but even fetting up a title as his kinfmen, becaufe Cleon was the fon of his paternal uncle to this argument, judges, you will pay no attention; for Cleon's father, as you before heard, was adopted by another family, and no man thus emancipated can fucceed to the property, which he has relinquished, unlefs he be allowed in due form of law to return into the house from which he came: and, as to the pretended adoption of Cleon's fon, the relations of Aftyphilus fo firmly believe it to be a fiction, that they never would admit the boy to their table in the feftival of Apaturia, but always difmiffed him when he came to demand his share of the feaft, as I will prove by undoubted evidence.

DEPOSITION.

Now, juftly weighing in your minds what each of us has depofed, pronounce a sentence agreeable to truth. Cleon, you find, afferts, that his fon was adopted by Aftyphilus; and that the will, which he produces, was made by the deceased: this I abfolutely deny, and alledge that I, who, as they know, am his brother, have a just claim to the whole inheritance. Beware then, judges, of appointing an heir to Aftyphilus, whom he, when he was alive, would not have appointed; but let the laws, which yourfelves have enacted, be your guide in my caufe

by those very laws am I protected, and request you, judges (nor can any request be more facred), to establish my right of fucceffion to my brother. I have afferted that he never difpofed of his eftate, and have confirmed my affertion by unanswerable evidence: affift me then in this distress; and, if Cleon furpaffes me in the powers of elocution, let not his talents avail him in defiance of juftice and law; but exert your own understandings in the decision of this cause, since for no other end are you affembled, than that the audacious may not reap advantage from their boldnefs, but that the timid and unexperienced may fupport their juft claims, with a full conviction that your minds are intent upon nothing but the truth. Let your verdict, therefore, judges, be favourable to me; and confider what evils will enfue from your decree in favour of Cleon: firft, you will fend to the monument, and the shrines of Aftyphilus, thofe men who were objects of his abhorrence; next, you will difregard the commands of his father, who gave them with his laft breath, and will convict the deceafed of confummate folly; (for who that hears fuch a decree, will not believe, that a man who could adopt the fon of his greatest enemy had loft his reason through illness, or that his fenfes were impaired by poifon?) and, laftly, you will fuffer me, who was nurfed

and educated with my brother, to be ftripped of my fortune by this Cleon. I fupplicate, therefore, and implore you, judges, to decide the cause in my favour; for thus will you give fatisfaction to the departed fpirit of Astyphilus, and will defend me from a flagrant injury.

SPEECH THE NINTH.

ON THE ESTATE OF ARISTARCHUS.

THE ARGUMENT.

ARISTARCHUS having two sons, Cyronides and Demochares, and two daughters, one of whom was the mother of the complainant, emancipated Cyronides, and caused him to be appointed representative of his maternal grandfather Xenæenetus; leaving his other children to inherit his own estate. Demochares died without issue, and one of his daughters also died childless; so that the whole fortune of Aristarchus came by law to the complainant's mother, who was the surviving daughter.

After the death of Aristarchus, his brother Aristomenes, who was lawful guardian to his children, gave his own daughter in marriage to Cyronides, and engaged to support his claim to all the possessions of his father, by whom he had been emancipated. Cyronides had a son, who was named Aristarchus, and was admitted by Aristomenes to the house and property of his grandfather, as if this had been conformable to the will of the deceased. This grandson died young, having by will left the