Isaeus, 9. On the Estate of Astyphilus

LCL 202: 328-329

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Isaeus

3ἀποστερῆσαί με τῶν τἀδελφοῦ.1 καὶ οὕτω σφόδρα Κλέων οὑτοσὶ καὶ πρότερον καὶ νῦν οὐδένα ἄλλον τὸν κλῆρον ἡγεῖται ἕξειν ἢ αὑτόν, ὥστ᾿ ἐπειδὴ τάχιστα ἠγγέλθη Ἀστύφιλος τετελευτηκώς, τοῦ μὲν πατρὸς τοῦ ἐμοῦ ἀσθενοῦντος, ἐμοῦ δὲ οὐκ ἐπιδημοῦντος ἀλλὰ στρατευομένου, εἰς τὸ χωρίον ἐνεβάτευσε, καὶ εἴ τι ἄλλο ἐκεῖνος κατέλιπεν, ἅπαντα ἔφη τοῦ ὑοῦ τοῦ ἑαυτοῦ εἶναι, πρίν τι 4ὑμᾶς ψηφίσασθαι. ἐπεὶ δ᾿ ἐκομίσθη τὰ ὀστᾶ τοῦ ἀδελφοῦ, ὁ μὲν προσποιούμενος πάλαι ὑὸς εἰσπεποιῆσθαι [75]οὐ προὔθετο οὐδ᾿ ἔθαψεν, | οἱ δὲ φίλοι Ἀστυφίλου καὶ οἱ συστρατιῶται, ὁρῶντες τὸν πατέρα τὸν ἐμὸν ἀρρωστοῦντα, ἐμὲ δὲ οὐκ ἐπιδημοῦντα, αὐτοὶ καὶ προὔθεντο καὶ τἆλλα πάντα τὰ νομιζόμενα ἐποίησαν καὶ τὸν ἐμὸν πατέρα ἀσθενοῦντα ἐπὶ τὸ μνῆμα ἤγαγον, εὖ εἰδότες ὅτι ἀσπάζοιτο αὐτὸν Ἀστύφιλος. τούτου δ᾿ ὑμῖν αὐτοὺς τοὺς ἐπιτηδείους τοὺς ἐκείνου μάρτυρας παρέξομαι τῶν παρόντων.

ΜΑΡΤΥΡΕΣ 5

Ὅτι μὲν οὐκ ἔθαψε Κλέων Ἀστύφιλον, οὐδ᾿ <ἂν>2 αὐτὸς ἔξαρνος γένοιτο μεμαρτύρηταί τε ὑμῖν· ἐπειδὴ δ᾿ ἐπεδήμησα ἐγὼ καὶ ᾐσθόμην καρπουμένους τούτους τὰ ἐκείνου, . . . ὁ [δὲ] ὑὸς αὐτοῦ ποιηθείη ὑπὸ Ἀστυφίλου, καὶ τούτων διαθήκας καταλίποι παρὰ Ἱεροκλεῖ Ἰφιστιάδῃ.3 ἀκούσας

  • 1τῶν τἀδελφοῦ Reiske: τοῦ (τῶν A1) ἀδελφοῦ.
  • 2ἂν add. Bekker.
  • 3Ἰφιστιάδῃ Thalheim: ἡφαιστίδῃ.
328

Isaeus

are trying to deprive me of my brother’s estate. So confident, indeed, has Cleon here always been, and still is, that no one but himself is to have the estate, that, as soon as the news of Astyphilus’s death was reported—my father being ill at the time and I abroad on military service—he entered into possession of the landed estate and declared that anything else which Astyphilus left belonged to his own son, without ever giving you the opportunity to decide the matter. When, however, my brother’s remains were brought home, the person who claims to have been long ago adopted as his son did not lay them out or bury them, but Astyphilus’s friends and companions-in-arms, seeing that my father was ill and I was abroad, themselves laid out the remains and carried out all the other customary rites, and conducted my father, ill though he was, to the tomb, well knowing the affection in which Astyphilus held him. I will produce before you the friends of the deceased, who were amongst those who were present, as witnesses of this.

Witnesses

That Cleon did not bury Astyphilus, even he himself would not deny, and evidence of the fact has been given you. On my return home I found my opponents in enjoyment of the property of the deceased; [I, therefore, sought out Cleon, who informed me that]a his son had been adopted by Astyphilus, and that the latter had left a will to this effect in the keeping of Hierocles of Iphistiadae.b

  • aThere is a lacuna in the text at this point. “Post τὰ ἐκείνου est lacuna. [Adii Cleonem, qui dixit] suum filium ab Astyphilo adoptatum esse” (Dobree, Adversaria, i. p. 305).
  • bA deme of the tribe of Acamantis, situated on the left bank of the Cephissus.
329
DOI: 10.4159/DLCL.isaeus-ix_estate_astyphilus.1927