Against Leochares

​Then, how is what followed not strange and outrageous, that Leostratus here—the one from Eleusis, though originally of Otryne—has made a deposit for the estate before the archon on the ground that he himself is the son of Archiades, and at the same time another person, as you yourselves see, has entered a protest, claiming that this man too is the son of Archiades? And to which of the two should you pay attention as speaking the truth?

​For this very fact is no small proof that the protest has become false: namely, that concerning the same matter, the same person is not contesting. And naturally so; for when, I believe, Leostratus here made his deposit for the estate against us, the one who has now entered the protest had not yet been enrolled as a demesman. Therefore, we should suffer the most outrageous of all things if you should believe the protest that was made after the events.

​Moreover, he has entered a protest concerning matters older than himself. For how could one who was not yet in the house of Archiades, when this claim for the estate was made, know anything of these things? Furthermore, if he had entered the protest on his own behalf, the matter would have some explanation for him; he would have written unjustly, but nevertheless on behalf of one who was within his own age. But as it is, he has written that there are legitimate sons to that famous Archiades—clearly meaning his own father and the one adopted from the beginning—not taking into account that they had returned. Therefore, he must necessarily have entered a protest concerning older events and not those that occurred in his own time. Will you then believe the one who has dared to do this, as speaking the truth?

’By Zeus, but he entered the protest because he had heard it from his own father!’ Yet the law commands to testify by hearsay only of deceased persons, and not concerning things done by a father while he is still living. Moreover, there is also this: why in the world did Leostratus here not name himself, but this man, in the protest? For the older man ought to have protested concerning the older of the matters. ‘Because, by Zeus,’ he might say, ‘I have adopted this man as a son to Archiades.’

​Therefore you, the one who adopts and contrives the matters, ought to have given an account, becoming responsible for what you have done; there is indeed great necessity for this. But you fled from this, and registered this man, who knows nothing, for the protest. So it is clear to you, gentlemen of the jury, that the statements protested are not true, and this is admitted by these very men. Furthermore, it is also just not to listen to Leostratus here speaking in a moment concerning things which he did not dare to protest.

​And that protests are of all contests the most unjust and deserve the greatest anger for those who contend, one can understand best from the following. For in the first place, they are not necessary, as the others are, but arise from the choice and will of the one who protests. For if it were not possible to obtain justice concerning disputed matters in any other way than by entering a protest, perhaps protesting would be necessary;

​but if even without a protest it is possible before all courts not to be deprived of speech, how is entering a protest not a sign of rashness and the greatest madness? For not even the lawgiver made it necessary for litigants, but granted it if they wish to protest, as if making a trial of the character of each of us, to see how we are disposed toward doing something rashly.

​Furthermore, as far as the part of those who protest is concerned, there would be neither courts nor would contests take place; for the class of protests hinders all these things and shuts out each case from entry into the court, at least according to the will of the one who protests. Therefore, I believe we must assume such men to be common enemies to all, and that they should never obtain pardon when contending before you; for each of them enters, not being forced, but having chosen the risk of protesting.