Greek Texts & Translations

Call the witnesses up here, please, and read the law.Witnesses
Law

44.15Matters concerning their pedigree and concerning ours, men of the jury, stand thus, and so it is right that those who have proved on the basis of the affidavits themselves that they are nearer of kin, should have the inheritance, and that the madness of the one who made the affidavit of objections should not prove stronger than your laws. For if they lay stress on the adoption, the nature of which I shall make clear to you, yet surely after the death without issue of the adopted son, when the house up to the filing of our suit had become extinct, it is right that those who are nearest of kin should receive the inheritance, and that you should give your aid, not to those citizens who are able to get up the strongest backing, but to those who are suffering wrong. 44.16If it had been in our power, after setting forth matters regarding the pedigree and the affidavit itself, to leave the platform, and to have no need of further words, since practically the most important arguments would have been advanced, we should not trouble you further. But since our opponents will not rely upon the laws, but through having forestalled us and got some control of the situation long ago, and through having entered into possession of the estate, will use these facts as proofs, and declare that they are the heirs, it is perhaps necessary to discuss these matters as well, and to prove that of all humankind our opponents are the most arbitrary.

44.17To go back to the beginning, men of the jury, Meidylides and Archiades gave their sister in marriage to Leostratus of Eleusis; and after a time from this sister of theirs, thus given in marriage, there was born Leocrates, the Iather of the defendant Leostratus; observe how distantly related he is to Archiades, regarding whom they have filed the affidavit of objections. When matters were as I have stated, Archiades did not marry, but his brother Meidylides, the grandfather of my father here, did marry. 44.18They made as yet no division of the property, but, both having enough to live on, Meidylides continued to live in the city, and Archiades made his home in Salamis. Not long afterward, when Meidylides, my father's grandfather, happened to go on a journey out of the country, Archiades fell sick, and died during the absence of Meidylides, being still unmarried. What is the proof of this? A maiden bearing an urn for water ^note stands upon the tomb of Archiades. 44.19At this juncture Leocrates, the father of Leostratus here, on the pretext of his relationship on the female side, got himself adopted as son to Archiades, and so entered into possession of the estate, as though he had been adopted by Archiades during his lifetime. When Meidylides returned, he was incensed at what had been done, and was in a mood to enter suit against Leocrates; but under the persuasion of his relatives and their pleas that he should suffer Leocrates to remain in the family as the son by adoption of Archiades, he yielded the point,—not through losing his case in court, but absolutely through being deceived by these men here and partly also through giving way to the persuasion of his relatives. 44.20After this experience Meidylides died, and Leocrates continued in possession of the estate of Archiades, and conducted himself as heir for many years, as being his adopted son; and we, on our part, inasmuch as Meidylides had made this concession, refrained from action. No long time afterwards, however,—and now, men of the jury, pay close heed to what I am about to say— 44.21Leocrates, who had become son by adoption to Archiades, himself returned to the Eleusinians, to whom he originally belonged, leaving Leostratus here in the family as a lawfully born son. Even then we did not as yet disturb any of the arrangements regarding the estate, but continued as before. 44.22Well now, Leostratus here, although he was an adopted son and had been left in the family of Archiades, himself returned, as his father had done, to the Eleusinians, leaving in his place a lawfully born son, and, in defiance of the laws, setting up the original adoption as valid through the lives of three persons. 44.23For how could it be other than contrary to the laws, when one, being himself an adopted son, returned to his original family leaving adopted sons in his place? That is what Leostratus has done up to this day, and by this means they think to rob us of our inheritance, making profit from the estate of Archiades, and supporting their children by it, and always returning from it to the estate of their fathers, keeping that intact, while spending the other.

44.24Nevertheless, although matters were in this condition, as I have told you, we submitted to everything. Until when? Until Leocrates, who had been left by Leostratus in the house as a son, died without issue. But since he died without issue, we, who are nearest of kin to Archiades, claim to inherit the property; and we claim that the defendant cannot, in order to rob us of what is ours, give an adopted son to the dead man who was himself adopted.