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II. 3. On the Estate of Philoktemon. [Or. VI.]

Mixiades mother of Philoktemon Euktemondeceased Philoktemon Ergamenes Hegemon wife of Chaereas wife of Phanostratos one daughter Chaerestratosadopted son of Philoktemon and client of the speaker one brother Dion Akte two sonsclients of Androkles (the defendant) and Antidoros

Euktemon and his wife, the daughter of Mixiades, had three sons,—Philoktemon, Hegemon and Ergamenes; and two daughters, of whom one married Phanostratos, the other Chaereas. Euktemon, when an elderly man, formed an attachment to a freedwoman named Akte, who managed a lodging-house belonging to him in the Kerameikos. At last he left his home, divorced his wife, and lived altogether there. Akte had two sons,—the children, according to the speaker, of one Dion, a freedman. She persuaded Euktemon to enrol the eldest of these boys in his phratria, as his own son. Philoktemon protested; but was at length induced to consent, on the condition that Akte's son was to inherit only one of Euktemon's farms. Soon afterwards Philoktemon was killed in a battle at Chios, leaving a will by which his nephew, the son of Phanostratos, was declared his adopted son and heir. Several years later (§ 27), Euktemon drew up a will, embodying the terms on which Akte's son had been adopted, as agreed on between himself and Philoktemon, and deposited this with a friend Pythodoros.

About two years later (§ 29), Androkles and Antidoros, kinsmen of Euktemon, conspired with Akte. They persuaded Euktemon to cancel the will deposited with Pythodoros, and to sell his land and house-property. They even alleged that the sons of Akte had been adopted by Ergamenes and Philoktemon; and, as guardians of the youths, called upon the archon to administer their ward's property: but the relations exposed the fraud to the court, and the plot was defeated. Euktemon died at the age of 96. As he left no legitimate sons, nor grandsons by Ergamenes or Hegemon, Chaerestratos, as adopted son of Philoktemon, claimed Euktemon's estate. Chaerestratos was opposed by Androkles and Antidoros. Androkles had at different times put forward two different and inconsistent claims:— 1. That he should receive in marriage, as nearest kinsman, the widow of Chaereas, with 1/5th of Euktemon's estate: 2. That the two sons supposed to be Akte's were legitimate sons of Euktemon by Kallippe, daughter of Pistoxenos; that the will of Philoktemon, adopting Chaerestratos, was a fiction; and that, therefore, the whole estate both of Euktemon and of Philoktemon should go to these sons of Kallippe. On this second ground, Androkles put in a protest (διαμαρτυρία) against the claim of Chaerestratos. Chaerestratos then indicted Androkles for perjury. The speaker here is supporting the indictment. But his speech contains the whole case. Chaerestratos appears to have been hindered by diffidence, or by a grandson's piety, from saying more than a few prefatory words.

It is now fifty-two years since the Athenian

Date.
armament sailed for Sicily in the archonship of Arimnestos (§ 14). Arimnestos was archon Ol. 91. 1—from July, 416 B. C., to July, 415. The expedition sailed in May, 415. The date is therefore Ol. 104. 1, 364—3.

The inner chronology requires attention.

Allusion in § 27.
Philoktemon, when trierarch, was killed in battle ‘near (περί) Chios’ § 27. Dobree suggests the battle of Arginusae, 406 B. C.1 Sir William Jones suggests one of the engagements which followed the revolt of Chios in 412 B.C.2 Now, the elder of Akte's two sons is said (§ 14) to be, in 363, ‘not more than twenty.’ But this was the boy whose admission into Euktemon's phratria had been opposed by Philoktemon (§ 22). ‘Not more than twenty’—οὔπω ὑπὲρ εἴκοσιν ἔτη—sounds suspicious. But, on the other hand, we can hardly suppose that the youth was fortythree or forty-nine. Neither 406 nor 412 B. C., therefore, is admissible. What, then, was this fight ‘near Chios’? In the latter part of 390 B. C. Thrasybulos the Steirian was sent out with forty ships against Teleutias. He went first to the Hellespont: then to Lesbos: then, descending the coast of Asia Minor, ‘he brought over some of the cities, and, plundering money for his soldiers from those which did not come over, he hastened to Rhodes3.’ May it not have been then—early in 389—in some skirmish near Chios, that Philoktemon was killed? Akte's eldest son was therefore, in 363, really about 27. The annals of the speech will stand thus:—

460 B. C.? Birth of Euktemon.

415. The speaker goes with Phanostratos4 on the Sicilian expedition (§ 1).

389. Death of Philoktemon.

378. ‘Long after’ Philoktemon's death (ὕστερον χρόνῳ) Phanostratos sails as trierarch with Timotheos (§ 27).

376. Two years later (§ 29), Euktemon is persuaded to cancel the will deposited with Pythodoros in 378.

364? Death of Euktemon, aged 96 (§ 18).

363. This trial.

After explaining that he appears as a friend of

Analysis.
Chaerestratos and his father Phanostratos, the speaker shortly states the case. He calls witnesses to prove that Philoktemon had made a will in favour of Chaerestratos, and cites a law to show that he was entitled to do so (§§ 1—9).

Androkles and Antidoros pretend that the two youths, their clients, are legitimate sons of Euktemon by his second wife, Kallippe. This story is refuted (§§ 10—16). These youths are the sons of a freedwoman named Akte—as she said, by one Dion. The eldest of them was, indeed, enrolled by Euktemon among his phratores; but after opposition5, and under conditions (§§ 17—26). The various intrigues by which Akte and her accomplices sought to obtain Euktemon's property are related in detail6 (§§ 27—42).

Androkles has at different times made two assertions:— 1. That his clients were legitimate sons of Euktemon: 2. That they were adopted sons of Philoktemon and Ergamenes. Now this alleged adoption would exclude them from succession to Euktemon's estate. The law forbids an adopted son to return (ἐπανιέναι) into the family out of which he was adopted; though, if he leave a legitimate son, that son may so return (§ 44). Again:—Androkles has claimed in marriage the widow of Chaereas, with one-fifth of her father Euktemon's estate. But this claim is inconsistent with the heirship of his clients (§§ 43—61). Epilogue (§§ 62—65).

1 Advers. I. 298.

2 Xen. Hellen. v. viii. § 30.

3 So far as I know, the objection to the views of Dobree and of Sir W. Jones regarding the time and occasion of Philoktemon's death has not before been noticed. I should prefer to my own suggestion any which gave a later year, while keeping a distance above 378 B. C. sufficient for the ὕστερον χρόνῳ of § 37. But I can find no place for hostilities ‘near Chios,’ in which Athenians were likely to have been engaged, between 389 B. C. and the siege of Chios by Chares in 357.

4 In § 1 the vulgate has ὅτε γὰρ εἰς Σικελίαν ἐξέπλει τριηραρχῶν Χαιρέστρατος. For Χαιρέστρατος read Φανόστρατος. This, Reiske's emendation approved by Dobree (Adv. I. 298) and Scheibe (p. xxix.), is, I think, certain. Plainly the Sicilian expedition of 415 B. C. is meant; and Chaerestratos, who is still a young man (§ 60), would thus be made, like the speaker, upwards of seventy. Two MSS. give Μενέστρατος—a mere error: cf. Schöm. p. 323. H. Weissenborn proposed to alter Σικξλίαν into Θεσσαλίαν or Μακεδονίαν. The replacement of Φανόστρατος makes this needless.

5 § 22. At first the phratores did not receive him, ἀλλ᾽ ἀπηνέχθη τὸ κουρεῖον, ‘the victim was taken away:’ i. e. Euktemon was not allowed to offer the sheep which he had brought with him for sacrifice on the κουρεῶτις, or third day of the Apaturia, when new phratores were enrolled.

6 § 36. While Euktemon still lived, the archon was asked by the conspirators to let (μισθοῦν) the house-property, as if their clients were orphans. When the archon and the guardian of an orphan let the orphan's estate, the person to whom it was let was required to mortgage as security a piece of ground or other real property. This was called ἀποτίμημα, and on it were set up slabs (ὅροι), bearing the orphan's name.

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