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I. 5.
On the Estate of Astyphilos
[Or. IX.]

Thudippos father of Thudippos Euthykrates Kleondefendant Son of Kleon, alleged to be adopted son and heir of Astyphilos Sister of Hieroklesmarried first to Euthykrates, then to Theophrastos Theophrastos sister Astyphilos claimant and speaker

Euthykrates and Thudippos were brothers. Thudippos had a son named Kleon. Euthykrates had a son Astyphilos and a daughter. On the death of Euthykrates, his wife married a second husband named Theophrastos, by whom she had a son.

Astyphilos died on military service at Mytilene. As soon as the news of his death reached Athens, Kleon took formal possession of his estate1 (ἐνεβάτευσε, § 3) in the name of his own son, who, as he alleged, had been adopted by Astyphilos, and in evidence of whose claim he produced a will.

Presently the son of Theophrastos—who had been serving abroad—returned to Athens, and claimed2 the estate of his half-brother Astyphilos. In this speech he contends that the will alleged by Kleon is a forgery.

The date—a difficult point—is probably about

369 B.C. Astyphilos (§ 14) ‘first went on a campaign to Corinth—then to Thessaly—then he served through the whole Theban War—in short, wherever he heard of an army being raised, he was off to it with a company (λοχαγῶν)......and this expedition to Mytilene was his last.’ The allusions to Thessaly3 and Mytilene4 cannot be fixed. The others are to the Corinthian War of 394—387 and the Theban War of 378—3715.

Kleon and his son have already been adopted into

another family; and have thus forfeited their claim as kinsmen to the estate of Astyphilos6. Hence they resorted to the fiction of a will: and Hierokles, uncle of the speaker, pretends that this will was left with him. Astyphilos did not even receive the last rites from the man who pretends to have been his adopted son (§§ 1—6).

If Astyphilos had intended such an adoption, he would have called kinsmen or intimate friends as witnesses. But the witnesses now produced are strangers (§§ 7—13). Again, Astyphilos served in many expeditions before that to Mytilene. Is it likely that he should have delayed making his will—if he was going to make one—till just before the last campaign? (§§ 14, 15.) Astyphilos hated Kleon, because Euthykrates had died of injuries received from Thudippos, Kleon's father (§§ 16—21). Hierokles, ungrateful to the speaker's father Theophrastos, has plotted this fraud with Kleon (§§ 22—26). The speaker and Astyphilos were close friends from boyhood; and Theophrastos treated Astyphilos as a son (§§ 27—30). It is unlikely, then, that Astyphilos should have preferred Kleon's son to the speaker. The relatives of Astyphilos have never recognised the alleged adoption by admitting Kleon's son to the family sacrifices (§§ 31—33). Epilogue: §§ 34—37.

1 Direct possession could thus be taken only (1) by children or grandchildren of the testator: (2) by an adoptive son who had been adopted during the lifetime of the testator. A son adopted by will had, like remoter kinsfolk, to put in a claim to the inheritance (ἐπιδικάζεσθαι) Kleon therefore must have appealed to the will, not to prove the adoption, but merely to prove that the adopted son was also the heir.

2 By the form of παρακαταβολή (Schöm. p. 404) in the strict sense —literally ‘deposit of security for costs.’ The term ἀμφισβητεῖν was used of any claimant in a willcase: παρακαταβάλλειν was properly said of one who (as here) asserted his right to the whole estate.

3 From about 395 to 374 dynastic feuds were rife in Thessaly: see Thirlwall c. 38, v. p. 65. Jason of Pherae kept a large standing army of mercenaries.

4 I can, however, conjecture the occasion of this expedition to Mytilene. In 373 Timotheos was named commander of the fleet which was to help Corcyra. Not being able to man his fleet at Athens, he went on a cruise in the Aegean, to get men and money from the allies (Xen. H. VI. ii. 12 Grote x. 199). Now we know that, in 390 at least, Mytilene was the only Lesbian town not favourable to Sparta (Xen. H. IV. viii. 28). A levy of troops and money on Lesbos might easily give the laconising towns of the island a pretext for attacking the one notoriously philathenian town. The expedition in which Astyphilos was killed may have been sent to support Mytilene. Does not the phrase in § 1, οἱ εἰς Μιτυλήνην στρατιῶται, imply a succour?

5 Dobree (Adv. I. 305) puts the speech in 374— 1 B.C.; but does not give his reasons Weissenborn (Ersch and Gruber's Encycl. p. 300) puts it about 369 B.C. Blass (Att. Ber. II. 525) says, ‘some time after 371 at earliest.’Schömann's view is widely different, and as, I think, indefensible. He puts the speech in 390 B C., ‘or not much later,’ and holds that (1) The Theban War means the invasion of Boeotia by Sparta in 395, when Athens helped Thebes, and Lysander was killed at Haliartos: (2) The expedition to Thessaly refers to 394, when Agesilaos marching through Thessaly, routed the Thessalian allies of Thebes, who may have been supported by Athenians: (3) The expedition to Mytilene is the visit of Thrasybulos and his fleet in 390— 389 B.C.I should object:—(1) that the order in § 14,—Corinth, Thessaly, Theban War, which the context shows to be chronological, is thus changed to Theban War, Thessaly, Corinth: (2) that the phrase τὸν Θηβαικὸνπόλεμον ἅπαντα clearly implies more than a single campaign: (3) that in 394 it is very unlikely that Astyphilos or an Athenian force should have met Agesilaos in Thessaly, since the allied forces, including Athenians, were waiting for Agesilaos in Boeotia: (4) that Mytilene—as Blass has observed—was never the immediate object of Thrasybulos: cf. Xen. H. IV. viii. 25.

6 Had Kleon and his son not been thus adopted into another family, their claim to the estate of Astyphilos would have been better than that of the speaker. Of collateral kinsfolk, the law called to the succession, first, kinsfolk on the father's side down to the ἀνεψιῶν παίδας (or ἀνεψιαδοῦς), i.e. children of the children of a father's brother or a father's sister; secondly, in default of such, kinsfolk on the mother's side—a son of the same mother by another marriage ranking first among these. See Or. VII. § 20, and Schömann, p. 405.

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