Greek Texts & Translations

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. 44.25For if Leocrates had himself adopted a son during his lifetime, even though the action was contrary to law, we should have made no protest; but since he had no son born to him, nor had adopted one during his lifetime, and as the law gives inheritances to the nearest of kin, how can it be other than right that we should not be robbed of this inheritance, to which we have a double title? 44.26For we are nearest of kin to Archiades, to whom the property originally belonged, and also to the adopted Leocrates; for his father, seeing that he has returned to the Eleusinians, ^note no longer retained his legal relationship, whereas we, to whose family he had come to belong, had the closest relationship, being children of that father's first cousin. So, if you like, we claim the inheritance as kinsmen of Archiades, or, if you like it better, as kinsmen of Leocrates; for since he died without issue, no one is nearer of kin than we. 44.27So far as you are concerned, Leostratus, the family has become extinct; for you sought to maintain a relationship with the property, not with those who adopted you. After the death of Leocrates, so long as no one laid claim to the estate, you sought to get no one adopted as a son to Archiades; but now that we have come forward as kinsmen, then you get one adopted, that you may get possession of the property. And you declare that Archiades, into whose house you were adopted, had no property, yet you file an affidavit of objections against us, seeking to exclude his acknowledged kindred. If there is nothing in the estate, wherein do you suffer loss, if we inherit this nothing? 44.28But the fact is, men of the jury, that his impudence and greed are such that he thinks it is legitimate for him to return to the Eleusinians and retain the estate of his fathers, and at the same time to be master of that into which he was introduced by adoption, there being no son in the family. And all this he easily managed, for over us, who are poor men and men without influence, he has a great advantage, since he is able to spend what belongs to others. I consider, therefore, that it is your duty, men of the jury, to give aid to us who are not seeking to gain an advantage over others, but who are content if we are allowed to win our legal rights. 44.29For what are we to do, men of the jury? When the adoption has been continued through three persons, and the one last left in the family has died without issue, are we not at the last to recover what is our own? Well then, having this just claim, we brought suit for the inheritance before the archon. But this fellow Leochares here, having lightly sworn a false affidavit, thinks that he has the right to rob us of the inheritance in defiance of all the laws.

44.30First, then, to prove that what we have stated about the adoptions and the pedigree of these men is true, and that the water-bearer does stand upon the tomb of Archiades, we wish to read to you these depositions. After that we will instruct you plainly regarding the remaining matters as well, and so convict our opponents of having sworn a false affidavit.

Take, please, the depositions of which I speak.Depositions