Humanitext Reader

Demosthenes · Against Leochares §10-16

Proof of Agnatic Kinship and Rebuttal of the Adoption

Passage 2 of 8 · Greek

Summary

The speaker details his family pedigree to prove they are the closest relatives to Archiades on the male side, presenting supporting testimonies and the law. He then attacks the opponent's claim of adoption and their illegal possession of the estate, outlining the next stage of his argument.

§10καὶ γίγνεται αὐτῷ θυγάτηρ ὄνομα Κλειτομάχη, ἣν ἐβουλήθη μὲν ἐκεῖνος ἀγάμῳ τῷ ἀδελφῷ ὄντι τῷ ἑαυτοῦ ἐκδοῦναι·
And he had a daughter named Cleitomache, whom he wished to give in marriage to his own unmarried brother.
ἐπειδὴ δὲ ὁ Ἀρχιάδης οὐκ ἔφη προαιρεῖσθαι γαμεῖν, ἀλλὰ καὶ τὴν οὐσίαν ἀνέμητον διὰ ταῦτα συγχωρήσας εἶναι ᾤκει καθʼ αὑτὸν ἐν τῇ Σαλαμῖνι, οὕτως ἤδη ὁ Μειδυλίδης ἐκδίδωσι τὴν αὑτοῦ θυγατέρα Ἀριστοτέλει Παλληνεῖ, τῷ πάππῳ τῷ ἐμῷ.
Since Archiades, however, said he did not choose to marry, but, having on this account consented that the estate should remain undivided, lived by himself in Salamis, Meidylides then married his daughter to Aristoteles of Pallene, my grandfather.
καὶ γίγνονται ἐξ αὐτοῦ υἱεῖς τρεῖς, Ἀριστόδημός τε οὑτοσὶ ὁ πατὴρ ὁ ἐμὸς καὶ Ἁβρώνιχος ὁ θεῖος καὶ Μειδυλίδης, ὃς νῦν τετελευτηκὼς τυγχάνει.
And from him were born three sons, Aristodemos here, my father, and Habronichos my uncle, and Meidylides, who has now died.
§11καὶ ἡ μὲν τοῦ γένους ἀγχιστεία τοῦ ἡμετέρου, ἐν ᾧ ἐστιν ὁ κλῆρος, σχεδὸν οὕτως ἔχει, ὦ ἄνδρες δικασταί.
And the relationship of our family, in which the estate is, is pretty much as follows, gentlemen of the jury.
Ἀρχιάδῃ γὰρ πρὸς ἀνδρῶν ἡμεῖς μὲν γένει ἐγγυτάτω, καὶ κατὰ τοῦτον τὸν νόμον ἀξιοῦντες τῆς ἐκείνου οὐσίας κληρονομεῖν καὶ τὸ γένος μὴ περιιδεῖν ἐξερημωθέν, ἐλάχομεν πρὸς τὸν ἄρχοντα τοῦ κλήρου·
For we, being the next of kin to Archiades on the male side, and claiming under this law to inherit his estate and not to allow the family to become extinct, claimed the estate before the archon.
οὗτοι δὲ ἔχοντες οὐ δικαίως τὰ χρήματα διαμεμαρτυρήκασι νυνί, τὸ μὲν ὅλον ἰσχυριζόμενοι ποιήσει, φάσκοντες δὲ καὶ συγγενεῖς εἶναι.
But these men, holding the property unjustly, have now made this protestation, relying on the whole upon an adoption, and asserting also that they are relatives.
§12περὶ μὲν οὖν ταύτης τῆς ποιήσεως, ὃν τρόπον ἔχει, σαφῶς ὑμᾶς ὕστερον διδάξομεν·
Concerning this adoption, then, how it stands, we shall instruct you clearly later.
περὶ δὲ τοῦ γένους, ὡς οὐκ εἰσὶν ἡμῶν ἐγγυτέρω, τοῦτο δεῖ μαθεῖν ὑμᾶς.
But concerning the pedigree, that they are not nearer than we, this you must learn.
ἓν μὲν οὖν ὁμολογεῖται, τὸ κρατεῖν τῶν κληρονόμων τοὺς ἄρρενας καὶ τοὺς ἐκ τῶν ἀρρένων· ἁπλῶς γὰρ τοῖς ἐγγυτάτω πρὸς ἀνδρῶν, ὅταν μὴ παῖδες ὦσιν, ὁ νόμος τὰς κληρονομίας ἀποδίδωσιν.
One thing indeed is admitted: that males and those descended from males have priority in inheritance; for the law simply awards the inheritances to the next of kin on the male side, when there are no children.
οὗτοι δʼ ἐσμὲν ἡμεῖς· ἄπαις μὲν γὰρ ὁ Ἀρχιάδης ὁμολογεῖται τετελευτηκέναι, τούτῳ δὲ πρὸς ἀνδρῶν ἡμεῖς ἐσμεν ἐγγυτάτω.
And these are we; for Archiades is admitted to have died childless, and we are his next of kin on the male side.
§13ὁ γὰρ Μειδυλίδης ἀδελφὸς ἦν τοῦ Ἀρχιάδου, τοῦ δὲ Μειδυλίδου θυγάτηρ ἡ τοῦ ἐμοῦ πατρὸς μήτηρ, ὥστε γίγνεται Ἀρχιάδης, ὑπὲρ οὗ τοῦ κλήρου τὴν ἐπιδικασίαν ποιούμεθα νυνί, θεῖος τῇ τοῦ πατρὸς τοῦ ἐμοῦ μητρὶ ἐκ πατραδέλφων, πρὸς ἀνδρῶν ἔχων τὴν συγγένειαν ταύτην καὶ οὐ πρὸς γυναικῶν.
For Meidylides was Archiades' brother, and Meidylides' daughter was my father's mother, so that Archiades, whose estate we are now claiming, was uncle to my father's mother as his father's brother, having this relationship on the male side and not on the female side.
Λεώστρατος δʼ οὑτοσὶ γένει τε ἀπωτέρω ἐστὶν καὶ πρὸς γυναικῶν οἰκεῖος Ἀρχιάδῃ·
But Leostratus here is both more remote in relationship and connected to Archiades on the female side.
ἡ γὰρ Λεωκράτους μήτηρ τοῦ τούτου πατρὸς ἀδελφιδῆ ἦν τῷ Ἀρχιάδῃ ἐκείνῳ καὶ τῷ Μειδυλίδῃ, ἀφʼ ὧν ἡμεῖς ὄντες ἀξιοῦμεν τῆς κληρονομίας τυχεῖν.
For the mother of Leocrates, his father, was a niece to the famous Archiades and to Meidylides, from whom we, being descended, claim to obtain the inheritance.
§14πρῶτον μὲν οὖν, ὦ ἄνδρες δικασταί, τὸ γένος ἡμῶν ὅτι οὕτως ἔχει ὥσπερ καὶ λέγομεν, ἀναγνώσεται ὑμῖν τὰς μαρτυρίας, ἔπειτα μετὰ ταῦτα τὸν νόμον αὐτὸν τὸν τοῖς τε γένεσι καὶ τοῖς ἐγγυτάτω πρὸς ἀνδρῶν τὰς κληρονομίας ἀποδιδόντα· τὰ γὰρ κεφάλαια τοῦ ἀγῶνος, καὶ ὑπὲρ ὧν ὀμωμοκότες οἴσετε τὴν ψῆφον, σχεδόν τι ταῦτʼ ἔστιν.
First then, gentlemen of the jury, to show you that our family is as we say, he shall read you the depositions, and then after that the law itself which awards the inheritances both to the families and to the next of kin on the male side; for these are pretty much the main points of the suit, and those on which you will cast your vote under oath.
καί μοι κάλει τούς τε μάρτυρας δευρὶ καὶ τὸν νόμον ἀναγίγνωσκε. ΜΑΡΤΥΡΕΣ. ΝΟΜΟΣ.
Call the witnesses here to me, and read the law. ΜΑΡΤΥΡΕΣ. ΝΟΜΟΣ.
§15τὰ μὲν τοίνυν περὶ τὸ γένος τό τε τούτων καὶ τὸ ἡμέτερον οὕτως ἔχει, ὦ ἄνδρες δικασταί, ὥστε τοὺς ἐπιδεδειχότας ἐξ αὐτῶν τῶν μαρτυριῶν ὡς εἰσὶν γένει ἐγγυτέρω προσήκει κληρονομεῖν, καὶ μὴ τὴν τοῦ διαμαρτυρήσαντος ἀπόνοιαν κρείττω τῶν ὑμετέρων νόμων γενέσθαι.
The facts, then, concerning the family, both theirs and ours, stand thus, gentlemen of the jury, so that it is fitting for those who have shown by the depositions themselves that they are nearer in relationship to inherit, and not for the recklessness of him who made the protestation to become superior to your laws.
καὶ γὰρ εἰ τῇ ποιήσει ἰσχυρίζονται, ἣν ὡς ἐγένετο ἡμεῖς δείξομεν, τετελευτηκότος γε τοῦ εἰσποιηθέντος δήπου ἄπαιδος καὶ τοῦ οἴκου μέχρι τῆς ἡμετέρας λήξεως ἐξηρημωμένου, πῶς οὐ προσήκει τοὺς ἐγγυτάτω γένει ὄντας, τούτους τὴν κληρονομίαν κομίσασθαι, καὶ ὑμᾶς μὴ τοῖς δυναμένοις ἄριστα παρασκευάσασθαι, ἀλλὰ τοῖς ἀδικουμένοις τῶν πολιτῶν βοηθεῖν;
For even if they rely on the adoption, which we shall show how it took place, yet when the adopted son has died childless, and the house has been left desolate up to the time of our claim, how is it not fitting that those who are the next of kin should recover the inheritance, and that you should assist, not those who are best able to make preparations, but those of the citizens who are wronged?
§16εἰ μὲν γὰρ ἐφʼ ἡμῖν ἦν ὥστε δείξασιν τὰ περὶ τοῦ γένους καὶ τῆς διαμαρτυρίας αὐτῆς καταβῆναι καὶ μηδενὸς ἔτι πλείονος λόγου προσδεῖσθαι, σχεδόν τι τῶν μεγίστων εἰρημένων οὐκ ἂν ἠνωχλοῦμεν τὰ πλείω.
For if it had been in our power, after showing the facts about the pedigree and the protestation itself, to step down and require no more words, we would not have troubled you with the remaining details, the most important points having pretty much been said.
ἐπειδὴ δὲ οὗτοι τοῖς μὲν νόμοις οὐκ ἐνισχυριοῦνται, τῷ δὲ προειληφέναι τι τῶν πραγμάτων ἐκ τοῦ ἄνωθεν χρόνου καὶ τῷ ἐμβεβατευκέναι εἰς τὴν οὐσίαν, τούτοις τεκμηρίοις χρώμενοι φήσουσι κληρονομεῖν, ἀναγκαῖον ἴσως καὶ περὶ τούτων ἐστὶν εἰπεῖν καὶ δεῖξαι τούτους πάντων ἀνθρώπων βιαιοτάτους ὄντας.
But since these men will not rely on the laws, but will claim to inherit by using as proofs the fact that they took prior possession of the estate long ago and entered into the property, it is perhaps necessary to speak about these matters also, and to show that they are the most violent of all men.

Notes

  1. §10ἀγάμῳ τῷ ἀδελφῷ ὄντι τῷ ἑαυτοῦ — Dative of indirect object with the infinitive ἐκδοῦναι ("to give in marriage"), accompanied by the participle ὄντι. The reflexive pronoun ἑαυτοῦ refers to Meidylides, the subject of the main clause.
  2. §15τετελευτηκότος γε τοῦ εἰσποιηθέντος δήπου ἄπαιδος καὶ τοῦ οἴκου ... ἐξηρημωμένου — Two parallel genitive absolute constructions connected by the conjunction καὶ. The first consists of the verb τετελευτηκότος + subject τοῦ εἰσποιηθέντος, and the second consists of the subject τοῦ οἴκου + verb ἐξηρημωμένου. The word ἄπαιδος is a genitive adjective agreeing with τοῦ εἰσποιηθέντος, not a nominative complement.
  3. §16εἰ μὲν γὰρ ἐφʼ ἡμῖν ἦν ὥστε ... οὐκ ἂν ἠνωχλοῦμεν — A contrary-to-fact conditional sentence expressing a present/past unreality (protasis with imperfect indicative ἦν, apodosis with ἄν + imperfect indicative ἠνωχλοῦμεν). The idiom ἐφʼ ἡμῖν εἶναι means "to be in one's power / up to someone," with the consecutive ὥστε clause explaining its content.

Cite this passage

Demosthenes, Against Leochares §10-16. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg044.humanitext-grc2:10-16

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.