Proof of Closest Kinship and Unlawful Expulsion — Demosthenes, Against Leochares 26–33, Greek & English

§26

καὶ γὰρ τῷ Ἀρχιάδῃ, οὗ ἦν ἡ οὐσία τὸ ἐξ ἀρχῆς, ἐγγυτάτω γένει ἐσμὲν καὶ τῷ εἰσποιητῷ Λεωκράτει· τοῦ μὲν¹ γὰρ ὁ πατὴρ ἐπανεληλυθὼς εἰς τοὺς Ἐλευσινίους οὐκέτι τὴν κατὰ τὸν νόμον οἰκειότητα ἔλιπεν αὑτῷ, ἡμεῖς δέ, παρʼ οἷς ἦν ἐν τῷ γένει, τὴν ἀναγκαιοτάτην συγγένειαν εἴχομεν, ὄντες ἀνεψιαδοῖ ἐκείνῳ. ὥστʼ εἰ μὲν βούλει, τοῦ Ἀρχιάδου συγγενεῖς ὄντες ἀξιοῦμεν κληρονομεῖν, εἰ δὲ βούλει, τοῦ Λεωκράτους· τετελευτηκότος γὰρ ἄπαιδος αὐτοῦ, οὐδεὶς ἡμῶν γένει ἐγγυτέρω ἐστί.

For indeed, we are the nearest of kin both to Archiades, who was the original owner of the property, and to the adopted Leocrates; for the father of the latter, by returning to the Eleusinians, no longer left himself any relationship according to the law, while we, among whom he was in the family, held the closest connection, being first cousins once removed to him. So, whether you prefer to consider us as relatives of Archiades, we claim to inherit, or if you prefer, of Leocrates; for since he has died childless, no one is closer in relationship than us.

§27

καὶ διὰ μὲν σέ, ὦ Λεώστρατε, ὁ οἶκος ἐξηρήμωται· τῆς γὰρ οὐσίας τὴν οἰκειότητα, οὐ τῶν ἀνδρῶν τῶν ποιησαμένων διετήρεις. ἕως μέν γε τελευτήσαντος τούτου οὐδεὶς ἠμφεσβήτει τοῦ κλήρου, οὐδένα εἰσεποίεις τῷ Ἀρχιάδῃ υἱόν· ἐπειδὴ δὲ ἡμεῖς συγγενεῖς ὄντες ἥκομεν εἰς τὸ μέσον, τηνικαῦτα εἰσποιεῖς, ἵνα τὴν οὐσίαν κατάσχῃς. καὶ φὴς μὲν οὐδὲν εἶναι τῷ Ἀρχιάδῃ, πρὸς ὃν εἰσεποιήθης, διαμαρτυρεῖς δὲ πρὸς ἡμᾶς, τὸ ὁμολογούμενον γένος ἐξελαύνων· εἰ γὰρ μηδέν ἐστιν ἐν τῷ οἴκῳ, τί σὺ ἐλαττοῖ τοῦ μηδενὸς ἡμῶν κληρονομησάντων;

And it is because of you, Leostratus, that the house has been made desolate; for you were maintaining the connection with the property, not with the men who adopted you. At any rate, as long as no one disputed the inheritance after his death, you did not adopt any son to Archiades; but as soon as we, being relatives, came into the open, then you adopted, so that you might keep possession of the property. And while you say that there is nothing in the house of Archiades, to whom you were adopted, you enter a protest against us, driving out the acknowledged family; for if there is nothing in the house, what loss do you suffer if we inherit nothing?

§28

ἀλλὰ γὰρ ἡ ἀναίδεια καὶ ἡ πλεονεξία τοιαύτη ἐστὶν αὐτοῦ, ὦ ἄνδρες δικασταί, ὥσθʼ ἡγεῖσθαι δεῖν ἐν Ἐλευσινίοις τε τὴν πατρῴαν οὐσίαν ἐπανελθὼν ἔχειν, ἐφʼ ἅ τʼ εἰσεποιήθη μὴ ὄντος ἐν τῷ οἴκῳ υἱοῦ, καὶ τούτων κύριος γενέσθαι. καὶ ταῦτα πάντα ῥᾳδίως διοικεῖται· πρὸς γὰρ ἀνθρώπους ἡμᾶς πένητας καὶ ἀδυνάτους ἔχων ἀναλίσκειν ἐκ τῶν ἀλλοτρίων πολὺ περίεστιν. διόπερ οἶμαι ὑμᾶς δεῖν βοηθεῖν τοῖς μὴ πλεονεκτῆσαί τι βουλομένοις, ἀλλʼ ἀγαπῶσιν ἐάν τις ἡμᾶς τῶν νόμων ἐᾷ τυγχάνειν.

But indeed, gentlemen of the jury, his shamelessness and greed are of such a character that he thinks he ought to have his paternal estate by returning to the Eleusinians, and also to become master of those properties to which he was adopted when there was no son in the house. And all this is easily managed; for against us, who are poor men and unable to spend, he is in a very superior position by having funds from another’s estate. Therefore, I think you ought to aid those who do not wish to gain any unfair advantage, but are content if they are allowed to obtain their legal rights.

§29

τί γὰρ δεῖ ποιεῖν ἡμᾶς, ὦ ἄνδρες δικασταί; διὰ τριῶν τῆς ποιήσεως ἐμμενούσης, καὶ τοῦ τελευταίου ἐγκαταλειφθέντος, τούτου ἄπαιδος τετελευτηκότος, μὴ κομίσασθαι² τὰ ἡμέτερʼ αὐτῶν χρόνῳ ποτέ; τοῦτο τοίνυν ἔχοντες τὸ δίκαιον ἐλάχομεν τοῦ κλήρου πρὸς τὸν ἄρχοντα. οὑτοσὶ δὲ Λεωχάρης προπετῶς διαμαρτυρήσας τὰ ψευδῆ, οἴεται δεῖν παρὰ πάντας τοὺς νόμους ἀποστερῆσαι ἡμᾶς τῆς κληρονομίας.

For what must we do, gentlemen of the jury? When the adoption has persisted through three generations, and the last of them who was left in the house has died childless, are we never at any time to recover our own property? Possessing this just claim, therefore, we registered our claim to the inheritance before the archon. But Leochares here, having rashly entered a false protest, thinks he ought to deprive us of the inheritance contrary to all the laws.

§30

πρῶτον μὲν οὖν, ὅτι τά τε περὶ τὰς ποιήσεις καὶ τὸ γένος τὸ τούτων ἀληθῆ εἰρήκαμεν, καὶ ἡ λουτροφόρος ἐφέστηκεν ἐπὶ τῷ τοῦ Ἀρχιάδου μνήματι, ταύτας ὑμῖν τὰς μαρτυρίας βουλόμεθʼ ἀναγνῶναι· ἔπειτʼ ἤδη καὶ τὰ λοιπὰ σαφῶς διδάξομεν ὑμᾶς, ὥστʼ ἐξελέγξαι τούτους τὰ ψευδῆ διαμεμαρτυρηκότας. καί μοι λαβὲ τὰς μαρτυρίας ἃς λέγω. ΜΑΡΤΥΡΙΑΙ. ὁ μὲν τοίνυν τοῦ πράγματος λόγος καὶ τὸ ἁπλοῦν δίκαιον περὶ τῆς κληρονομίας οὕτως ἔχει, ὦ ἄνδρες δικασταί, τῶν τε πεπραγμένων ἐξ ἀρχῆς αὐτὰ τὰ κεφάλαια σχεδόν τι ἀκηκόατε. ἃ δὲ μετὰ τὴν τοῦ κλήρου λῆξιν πεποιήκασι καὶ ὃν τρόπον ἡμῖν κεχρημένοι εἰσίν, ἀναγκαῖον νομίζω εἰπεῖν· οἴομαι γὰρ περὶ κλήρου ἀγῶνα μηδένας ἄλλους παρανενομῆσθαι τοιαῦτα οἷα ἡμᾶς.

First of all, then, to show that we have spoken the truth regarding both the adoptions and their pedigree, and that the water-carrier stands upon the monument of Archiades, we wish these depositions to be read to you; and after that, we shall also clearly instruct you on the remaining points, so as to refute these men for having entered a false protest. Please take the depositions I refer to. ΜΑΡΤΥΡΙΑΙ Now the account of the matter and the simple justice regarding the inheritance are as follows, gentlemen of the jury, and you have heard almost the very main points of what has been done from the beginning. But what they have done after our claim to the inheritance was filed, and how they have treated us, I think it necessary to state; for I think that in no other contest over an inheritance has anyone been treated with such lawlessness as we have.

§32

ἐπειδὴ γὰρ ἐτελεύτησεν ὁ Λεωκράτης καὶ ἡ ταφὴ ἐγένετο αὐτῷ, πορευομένων ἡμῶν εἰς τὰ κτήματα διὰ τὸ ἄπαιδά τε τὸν ἄνδρα καὶ ἄγαμον τετελευτηκέναι, ἐξήγαγε Λεώστρατος οὑτοσὶ φάσκων αὑτοῦ εἶναι. καὶ ὅτι μὲν ποιεῖν τι τῶν νομιζομένων ἐκώλυσεν ἡμᾶς τῷ τετελευτηκότι, πατὴρ ὢν αὐτὸς ἐκείνου, ἴσως ἔχει λόγον, καίπερ ὄντος παρανόμου τοῦ ἔργου· τῷ γὰρ φύσει ὄντι πατρὶ τῆς ταφῆς τὴν ἐπιμέλειαν παραδίδοσθαι εἰκός ἐστιν, ἔπειτα μέντοι καὶ τοῖς οἰκείοις ἡμῖν, ὧν ἦν συγγενὴς κατὰ τὴν ποίησιν ὁ τετελευτηκώς.

For when Leocrates died and his funeral had taken place, as we were going to the lands because the man had died childless and unmarried, Leostratus here expelled us, claiming that they were his own. And that he, being himself the father of that man, prevented us from performing any of the customary rites for the deceased, perhaps has some reason, although the deed was contrary to law; for it is natural that the care of the funeral should be committed to the natural father, and then, however, also to us, who were his relatives according to the adoption.

§33

ἐπεὶ δὲ τὰ νομιζόμενα ἐγένετο, κατὰ ποῖον νόμον φανεῖται ἐρήμου ὄντος τοῦ οἴκου τοὺς ἐγγυτάτω γένους ἡμᾶς ἐξαγαγὼν ἐκ τῆς οὐσίας; ὅτι νὴ Δία πατὴρ ἦν τοῦ τετελευτηκότος. ἀπεληλυθώς γʼ³ εἰς τὸν πατρῷον οἶκον καὶ οὐκέτι τῆς οὐσίας ἐφʼ ᾗ ἐγκατέλιπεν τὸν υἱόν, κύριος ὤν· εἰ δὲ μή, τί τῶν νόμων ὄφελος;

But when the customary rites had been performed, under what law will it be shown that he expelled us, who are the nearest of kin, from the property when the house was empty? “Because, by Zeus, he was the father of the deceased.” Yes, but he had departed to his paternal house, and was no longer master of the property in which he had left his son; otherwise, what is the use of the laws?

Syntax notes3 items

26τοῦ μὲν
Genitive pronoun referring back to the previously mentioned τῷ εἰσποιητῷ Λεωκράτει. It modifies ὁ πατὴρ, meaning "the father of him (Leocrates)".
29μὴ κομίσασθαι
An infinitive depending on the main verb δεῖ from the preceding question τί γὰρ δεῖ ποιεῖν ἡμᾶς; ("For what must we do?"). Accompanied by the negative μή, it forms a strong rhetorical question: "should we never at any time recover our own property?"
33ἀπεληλυθώς γʼ
A participle introducing a counter-argument to the opponent's anticipated objection. It emphasizes that he has already returned to his paternal home and no longer possesses any authority over the estate in question.

Translated by Gemini 3.5 Flash (published 2026-05-22) · Revision history (2, latest 2026-09-22)

2026-09-22 AI review — source 1
2026-09-21 AI review — translation 1

urn:cts:greekLit:tlg0014.tlg044.humanitext-grc2:26-33