| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 44.27 | Dem. 44.38 (Greek) | >>Dem. 44.49 |
44.34Well, after our ejectment had taken place ( to omit most of the details) we brought suit for the inheritance before the archon, inasmuch as the deceased had no son, as I stated, and had not adopted any according to the laws. After this, Leostratus here made a deposit for costs, as being the son of the aforesaid Archiades, not taking into account that he had returned to the Eleusinians, or that adopted children are made such, not by themselves but by those who adopt them.
44.35But the truth is, I presume his one simple idea was that he must by fair means or foul lay claim to the property of others. And first he had the audacity to go and enroll himself on the assembly list note of the Otrynians, although he was an Eleusinian, and managed to put this through; then, before his name was entered on the adult register note of the Otrynians, he sought to claim a share in the public benefits in flagrant defiance of law, because of his greed for gain.
44.36We, seeing what was going on, called witnesses and put a stop to it, holding the view that it was necessary that the right of inheritance should first be decided in your court before anyone should be named as the adopted son of Archiades. He was thwarted then, and convicted in the presence of many witnesses of fraudulent action, both in the matter of the list, and in the assembly for the election of the deme's officers, yet nevertheless he persisted in trying to force his way in, and by his intrigues to prove himself stronger than your laws. What is the proof of this?
44.37He got together some of the Otrynians with the demarch, and persuaded them at the opening of the adult register to inscribe his name. And after that on the occasion of the great Panathenaea note at the time of the distribution, he came to get his admission fee, and when the other demesmen were receiving it, he demanded that it be given him also, and that he should be entered on the register under the name of Archiades. But when we entered a solemn protest, and all the others declared that what he was doing was an outrage, he went away without either having his name inscribed or receiving the admission fee.
44.38Now do you not think that a man, who in defiance of your decree claimed the right to receive the admission fee before his name had been inscribed on the list of the Otrynians, belonging as he did to another deme, would lay claim to an inheritance in defiance of the laws? Or when a man, before the court has rendered its decision, schemes to get advantages so unjust, can you think it reasonable to assume that he relies upon the justice of his case? For he, who fraudulently claimed the right to receive the admission fee, has now obviously practised the same design regarding the inheritance. 44.39Nay more, he even deceived the archon, when he made his deposit for costs to thwart us, and in his counter-statement declared that he was an Otrynian, when he was in fact a demesman among the Eleusinians. When, however, he failed in all these schemes, at the last election of officers the fellow got together some of the demesmen, and demanded that he be registered as the adopted son of Archiades. 44.40Again we protested that the demesmen should give their votes only when the inheritance suit should have been decided, and not before; and to this they agreed, not on their own responsibility, but out of respect for the laws; for it seemed to them an outrageous thing that a man who had made a deposit for costs in an inheritance suit, should get himself adopted as a son while the matter was still undecided; but the thing which this fellow Leostratus contrived after this is the most outrageous of all.
44.41For when he failed to get his own name inscribed, he entered his own son Leochares as an adopted son of Archiades, in defiance of all the laws, before the scrutiny note of the deme had taken place. But Leochares had not yet been introduced to the clansmen of Archiades; yet when his name had been entered on the list of the deme, only then did Leostratus, by bringing influence to bear upon a certain member of the clan, get the name inscribed upon the clan register. note 44.42And after that, in his affidavit before the archon he inscribed Leochares as being the lawfully born son of the man who had been dead many years past—Leochares, who had been registered with the clan only a day or two before! So it results that they both lay claim to the inheritance; for Leostratus here made the deposit for costs in the inheritance suit as being the lawfully born son of Archiades, and Leochares here has filed the affidavit, as being the lawfully born son of the same father! 44.43And in neither case is it to a living man, but to one that is dead, that each of them makes himself an adopted son! But in our opinion, men of the jury, you ought, when you shall have cast your vote concerning the present case, then, and not till then, to find from among us, who are nearest of kin, an adopted son for the deceased, in order that the family may not become extinct.
44.44First, men of the jury, to prove that Leostratus here has returned to the Eleusinians from the demesmen of Otrynê, leaving a lawfully born son in the family of Archiades; and that his father at an earlier date had done this same thing; and that the son so left has died without issue; and that the one who has now sworn the affidavit was enrolled among the demesmen before he had been enrolled among the members of the clan—to prove these facts the clerk shall read you the depositions of the members of the clan and of the deme; and in proof of all the other things I have mentioned which these men have done I shall produce testimony concerning each several fact.
Please call the witnesses to come forward.Witnesses
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 44.27 | Dem. 44.38 (Greek) | >>Dem. 44.49 |
