Greek Texts & Translations

44.46Well, then, the defendant has sworn, as you have heard, “ that the inheritance of Archiades is not open to litigation, since he has children lawfully born and rightfully established according to the statute.” Let us, then, inquire if there are any, or if the defendant has sworn to what is false. The aforesaid Archiades, whose estate is in question, adopted as his son the grandfather of the one who has now sworn this affidavit; he, leaving a lawfully born son, Leostratus, the father of the defendant, returned to the Eleusinians. 44.47After this, Leostratus here himself returned to the house of his fathers, leaving a son in the adoptive house; and the son whom he left, and who was the last of all the adopted children, has died without issue, so that the house thereby becomes extinct and the inheritance has reverted again to those originally nearest of kin. 44.48How, then, could Archiades still have any sons, as the affidavit claims, when it is admitted that his adopted children returned to their original family and the last one left has died without issue? It follows, then, of necessity that the family is extinct. But when the family is extinct, there cannot be lawfully born sons still living. The fellow, then, has sworn that non-existent persons exist, and has written in the affidavit “ since he has children,” alleging that he himself is one of them. 44.49But surely, when he says “ lawfully born and rightfully established according to the statute,” he is quibbling and defying the laws. For the “ lawfully born” exists, when it is born of the body; and the law bears testimony to this, when it says, “ Lawfully born are children of a woman whom her father or brother or grandfather has given in marriage.” But “ rightfully established” the lawgiver understood of adoptions, considering that when a man, being childless and master of his property, adopts a son, this action ought to be rightful. Well, our opponent says that Archiades had no son of the body, but in the affidavit he has sworn to the words “ since there are lawfully born children,” thus making a sworn statement that is contrary to the truth. 44.50He admits that he is an adopted son, yet it is manifest that he was not adopted by the dead man himself; so how can you claim that this status is “ rightfilly established according to the statute” ? Because, he will say, he was registered as the son of Archiades. Yes, by the arbitrary act of these men, and that only the other day, when the suit for the estate had already been instituted. Surely it is not right for a man to regard as evidence his own illegal act. 44.51For is it not an outrageous thing, men of tlie jury, that he should state—as he will presently in his speech—that he is an adopted son, while in his affidavit he did not dare to write this? Or that, while in the affidavit the protest is made as though for a son of the body, the speech that will presently be made will be on behalf of an adopted son? If they are going to make their defence conflict with the affidavit, surely either what they say, or what they swore, is false. It was with good reason that they did not add to the affidavit mention of the adoption, for in that case they would have had to add the words “ adopted by so-and-so.” But Archiades never did adopt them; they adopted themselves, in order to rob us of the inheritance.

44.52Now is not their next proceeding absurd as well as outrageous?—that Leostratus here should have made his deposit for costs in the inheritance suit before the archon, as being the son of Archiades ( while he was an Eleusinian, and Archiades of the deme Otrynê) , but that someone else should have sworn the affidavit, as you see for yourselves, alleging that he, too, was a son of Archiades? To which of the two should you pay attention, as telling the truth? 44.53This very thing is the strongest proof of the falsehood of the affidavit—that it is not the same person who makes the claim about the same matter. And this is not strange for, I fancy, when Leostratus here made his deposit in the inheritance suit against us, the one who has now sworn the affidavit had not yet registered himself as a member of the deme. We should therefore be most cruelly treated if you should believe an affidavit made after the suit was begun.

44.54Nay more, Leochares has in the affidavit sworn to facts actually older than himself. For how could a person who was not yet a member of the house of Archiades when this suit for the inheritance was instituted, know anything about these matters? Moreover, if he had sworn it of himself alone, there would have been some sense in his action; he would have written what was false, but nevertheless his statement would have concerned one of an age to know. But as it is, he has written that the aforesaid Archiades had lawfully born sons, meaning, of course, his own father and the one made such by the original adoption, not taking cognizance of the fact that they had returned to their original family. It follows, then, of necessity that he has sworn to events older than himself, and not to things which have happened in his own day. Are you, then, to credit one who has dared a thing like that, as though he were speaking the truth?