Isaeus, 4. On the Estate of Nicostratus

LCL 202: 130-131

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Isaeus

IV. ΠΕΡΙ ΤΟΥ ΝΙΚΟΣΤΡΑΤΟΥ ΚΛΗΡΟΥ <ΕΠΙΛΟΓΟΣ>

ΥΠΟΘΕΣΙΣ

Νικοστράτου ἐν ὑπερορίᾳ τελευτήσαντος, Ἅγνων καὶ Ἁγνόθεος ὡς ὄντες ἀνεψιοὶ ἐκ πατραδέλφου ἀμφισβητοῦσι τοῦ κλήρου πρὸς Χαριάδην, φάσκοντα κληρονόμον αὐτοῦ εἶναι κατὰ δόσιν, ὃ ἔστι κατὰ διαθήκας. Ἰσαῖος οὖν ὁ ῥήτωρ, ὡς συγγενὴς ὤν τῶν περὶ τὸν Ἅγνωνα, λέγει συνηγορῶν αὐτοῖς. ἡ στάσις στοχασμός.

1Ἐπιτήδειοί μοι τυγχάνουσιν, ὦ ἄνδρες, ὄντες Ἅγνων τε οὑτοσὶ καὶ Ἁγνόθεος, καὶ ὁ πατὴρ αὐτῶν ἔτι πρότερον. εἰκὸς οὖν μοι δοκεῖ εἶναι, ὡς ἂν οἷός τε ὦ, συνειπεῖν αὐτοῖς.

Περὶ μὲν οὖν τῶν ἐν τῇ ὑπερορίᾳ πραχθέντων [ὡς] οὔτε μάρτυρας ἐξευρεῖν οἷόν τε, οὔτε τοὺς ἀντιδίκους, ἐάν τι ψεύδωνται, ἐλέγχειν ῥᾴδιον, διὰ τὸ μηδέτερον τούτων ἐκεῖσε ἀφῖχθαι· τὰ δὲ ἐνθάδε [μοι] συμβεβηκότα δοκεῖ μοι ὑμῖν ἱκανὰ γενέσθαι ἂν τεκμήρια, ὅτι ἅπαντες οἱ κατὰ τὴν δόσιν τῶν Νικοστράτου ἀμφισβητοῦντες ἐξαπατῆσαι ὑμᾶς 2βούλονται. πρῶτον μὲν οὖν, ὦ ἄνδρες, περὶ τῆς τῶν ὀνομάτων ἐπιγραφῆς ἄξιόν ἐστιν ἐξετάσαι, καὶ σκέψασθαι ὁπότεροι ἁπλούστερον καὶ κατὰ φύσιν

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Isaeus

IV. On the Estate of Nicostratus Supplementary Speech

Argument

Nicostratus having died in a foreign land, Hagnon and Hagnotheus, as being his first cousins (their father having been brother to Nicostratus’s father), contend for the succession to his estate against Chariades, who claims to be heir by bequest, that is to say, by will. Isaeus, the orator, being a kinsman of Hagnon and his brother, speaks as their advocate.a The question at issue is one of fact.

Hagnon here and Hagnotheus, gentlemen, are intimate friends of mine, as was their father before them. It seems, therefore, only natural to me to support their case to the best of my ability.

For the events which happened in a foreign land it is not possible to find witnesses or easy to convict our adversaries of any lies which they may tell, because neither of my clients has ever been to the country in question; but the events which have occurred here in Athens seem to me to provide you with sufficient proof that all those who lay claim to Nicostratus’s estate on the ground of bequest are desirous of deceiving you. In the first place, gentlemen, it is proper that you should consider the different names attributed to the deceased and determine which of the two parties has laid

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DOI: 10.4159/DLCL.isaeus-iv_estate_nicostratus.1927