SPEECH THE SECOND. ON THE ESTATE OF PYRRHUS. THE ARGUMENT. PYRRHUS left his estate to Endius, one of his sister's sons, whom he had adopted; and his nephew continued in possession of it above twenty years; but when, after his death, his mother claimed the inheritance as her brother's heiress, one Xenocles, who had married Phila, a natural daughter of Pyrrhus by the sister of Nicodemus, entered a protestation, that Pyrrhus had a legitimate daughter, and was consequently disabled from disposing of his estate to an adopted son. Xenocles lost the cause; but, Nicodemus having sworn at the trial, that he had betrothed his sister to Pyrrhus as a lawful wife, and that Phila was born after their nuptials, the brother of Endius prosecutes Nicodemus for wilful perjury, insisting that Phila was illegitimate, and actually given in marriage to Xenocles as the bastard of Pyrrhus. ! SPEECH THE SECOND. The Brotker of Endius against Nicodemus. PYRRHUS, my maternal uncle, judges, having no legitimate children, adopted my brother Endius, who fucceeded to his fortune, and continued in poffeffion of it above twenty years; in which long interval not a fingle man ever pretended to controvert his title, or to difpute the validity of his adoption: but, last year, on the death of my brother, this Phila, who had fuffered him to enjoy the estate without interruption, afferted, that he was the legitimate daughter of my uncle; and her husband Xenocles the Cyprian entered a claim in her right to the effects of Pyrrhus, who had fo long been dead, alledging in his bill of complaint, that he died poffeffed of three talents; and, when my mother infifted on the fuperiority of our claim, he had the confidence to proteft, that she had no title to the estate, because Pyrrhus, to whom it originally belonged, had left a daughter born in wedlock: we traversed this proteftation; and, having brought before the court the perfon who ventured to make it, we clearly convicted him of having sworn falfely, and prove his confe derate Nicodemus to be the most impudent of men in supporting the other's teftimony, and daring to affert upon oath, before the fame judges, that he had betrothed his own fifter to my uncle, and that she became his lawful wife. Now that this man's evidence at the former trial was false, the conviction of Xenocles undeniably demonstrates; for, if Nicodemus had not then been thought perjured, it is clear, that his affociate would have fucceeded in his protestation; that the legitimacy of this woman would have been established; and that fhe, not my mother, would have been declared my uncle's heiress; but, fince the principal actor in the cause was convicted of perjury, and the pretended daughter of Pyrrhus defifted from her claim, Nicodemus was at the fame time neceffarily found guilty of giving false evidence; for he swore to the truth of the fame proposition, and they were both examined to the same point, namely, whether the woman, in whose right Xenocles claimed, was my uncle's daughter by a wife or by a harlot : this was the single issue between us, as you will perceive by hearing our crofs-depofitions, the evidence of Nicodemus, and the proteftation, which was over-ruled. Take and read them to the court. CROSS-DEPOSITIONS. EVIDENCE. PROTESTATION. That the man, whom I now accufe, was im mediately thought guilty of perjury, was apparent to all who attended the trial; but it will be proper that his guilt be proved before you alfo, judges, who are affembled to decide the fame question. I defire first to ask this witness himself, what fortune he gave with his fifter to a man worth three talents; whether this betrothed wife left her husband, whilft he was alive, or departed from his houfe after his death; from whom he received his fifter's portion, when Pyrrhus was dead, to whom he has sworn that he had given her in marriage; or, if it was not restored to him, what action he thought proper to institute, for her maintenance or her fortune, against one, who has been twenty years in possession of the inheritance; or whether, in fo long a period, he once demanded the portion from the heir in any man's presence? On the following points too I fhould be glad to interrogate him; why nothing of what I have just mentioned has been done for a widow, who, as he fwore, was lawfully married; and, whether he had been betrothed to any other man, either of thofe, who were formerly connected with her, before fhe knew my uncle, or of thofe whom fhe admitted to her favours, while fhe lived with him, or of thofe, who have been intimate with her fince his decease? for it is notorious, that her brother gave her on the fame terms to many others, who kept her as a mistress, and whom, if it were neceffary to enumerate, it would give me no fmall trouble: fome of them I will mention, if you command me; but, if it be as unpleasant to you to hear such tales, as it is disagreeable to me to relate them, I will be contented with producing the very evidence given at the former trial, no part of which they have ventured to contradict; yet, when they admit (as they have in fact admitted, by not attempting to impeach the testimony of our witneffes) that this woman was a common harlot, how can it be conceived, that she was legally betrothed to Pyrrhus? You will be convinced, when you have heard the depofitions, both that Nicodemus has sworn what was apparently false, and that the judges gave a proper and legal fentence, when they decreed, that the fucceffion could not belong to the daughter of a woman not lawfully married. Read the depofitions, and let the water-glafs be stopped. DEPOSITIONS. That the mother of this Phila was common to all who chofe, to be connected with her, and was not the betrothed wife of my uncle, as Nicodemus had the boldness to swear, has been proved to you by the other kinsmen and neighbours of Pyrrhus, who tell you of the quarrels, riotous feasts, and continual diforders |