SPEECH THE TENTH. Theopompus against the Son of Stratocles. I BEGIN my defence, judges, with a recital of the laws, because my adversary has falfely contended that, by the first of them, the son of Stratocles has a just claim to a moiety of this estate which was left by my second coufin Hagnias. You will obferve that, when a man dies inteftate and childless, the law firft calls to the fucceffion the brothers of the deceased, if he had any by the fame father, and the children of thofe brothers, for they are related to him in the nearest degree; if he had no brothers, his fifters by the fame father, and their children, are his fucceffors; on failure of thefe alfo, thofe in the third degree are called, and they are the first and second cousins of the deceased by the father's fide if these too fail, the law returns to the first degree, and gives the inheritance to the brothers or fifters by the fame mother, and to the other kinfmen on the maternal fide, in order as thofe on the paternal fide would have inherited. The legiflator prescribes thefe rules of fucceffion, and limits thefe degrees in terms more concife than those which I ufe; but his intention is clearly the fame: now this boy is not related to Hagnias in one of these degrees, but is wholly excluded; and, that you may form a diftinct idea of the point which you muft decide, let my antagonist show, without fuperfluous words, in which of the degrees juft mentioned the boy is related to the last owner of this eftate; for, if he can prove his relationship in any one of them, I willingly allow that half of the inheritance belongs to him; but, if nothing of this kind can be fhown, will he not clearly convict himself of having calumniated me, and attempted to delude you in defiance of the law? I will, therefore, bring him up to your tribunal, and interrogate him, as the heads of the law are read by the officer; for thus will you foon be informed, whether, or no, this youth has any claim to the fortune of Hagnias. Come, thou who art fo fkilful in accufing others, and in perverting the laws; and do you (to the clerk) take the law and read. THE LAW. There ftop. Now let me propofe a few queftions to my adversary: Is the boy, whom you fupport, the brother of Hagnias? No. Or his nephew either by his brother or his fifter? No. -Or his first or fecond coufin either on his father's fide or on his mother's? In which of thofe degrees, I fay, that are legally called to the fucceffion, was he related to the deceafed ?-Anfwer me not that he is my nephew; for my estate is not now in difpute, as I am living; but had I died childlefs, and had there been a fuit concerning my property, then would fuch an answer have been proper. You now pretend, that the son of Stratocles has a right to a moiety of this eftate; it is therefore incumbent on you to name the degree, in which the claimant was related to Hagnias. His answers, judges, are foreign to the purpose, and apply to every thing but that which you wish to know: yet a man, who intends to do justice, ought not to hesitate, but to fpeak directly, and not only to answer with candour, but upon oath, and to produce evidence of the fact which he afferts, that you may the more readily believe his affertion; but now fo fhameless is his impudence, that, without giving one explicit answer, without calling a single witness, without taking an oath, without citing any laws, he has hopes of perfuading you to convict me, against all law, in a cause which you are fworn to decide according to the laws of your country. In this most iniquitous way of proceeding I will by no means imitate him, but will openly evince my relation to the deceased, will explain the grounds on which I claim his eftate, and will demonftrate to your general fatisfaction, that both this |