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Demosthenes · Against Leochares §17-25

Illegal Adoption across Generations and Male Kin Inheritance

Passage 3 of 8 · Greek

Summary

The speaker exposes how the opponents, who are remote relatives on the female side, illegally maintained an adoption through three generations to occupy Archiades' estate, and argues that since the last adopted son died childless, the speaker's family has the rightful claim as the closest kin on the male side.

§17τὸ γὰρ ἐξ ἀρχῆς, ὦ ἄνδρες δικασταί, ἐκδιδόασιν τὴν ἀδελφὴν τὴν ἑαυτῶν ὁ Μειδυλίδης καὶ ὁ Ἀρχιάδης Λεωστράτῳ Ἐλευσινίῳ·
In the beginning, gentlemen of the jury, Meidylides and Archiades gave their sister in marriage to Leostratus of Eleusis; and after this, from the daughter of this sister who was given in marriage was born Leocrates, the father of Leostratus here.
μετὰ δὲ ταῦτα ἐκ θυγατρὸς τῆς ἐκδοθείσης ἀδελφῆς ταύτης αὐτῶν γίγνεται Λεωκράτης ὁ πατὴρ Λεωστράτου τουτουί, σκέψασθε ὡς πολλοστὸς εἰς τὴν τοῦ Ἀρχιάδου συγγένειαν προσήκων, ὑπὲρ οὗ τὴν διαμαρτυρίαν πεποίηται.
Consider how remote a connection he is in relationship to Archiades, in whose name he has made the protestation.
τούτων δʼ οὕτως ἐχόντων ὁ μὲν Ἀρχιάδης οὐκ ἐγάμει, ὁ δὲ Μειδυλίδης ὁ ἀδελφὸς αὐτοῦ, πάππος δὲ τουτουὶ ἔγημε.
This being so, Archiades did not marry, but his brother Meidylides, my grandfather here, did marry.
§18καὶ οὐδέπω τὴν οὐσίαν ἐνέμοντο, ἀλλʼ ἑκάτερος ἔχων τὰ ἱκανὰ ὁ μὲν Μειδυλίδης ἐν τῷ ἄστει διέμενεν, ὁ δὲ Ἀρχιάδης ἐν Σαλαμῖνι ᾤκει.
And they had not yet divided the property, but each having sufficient means, Meidylides remained in the city, while Archiades lived in Salamis.
οὐ πολλῷ δὲ χρόνῳ ὕστερον ἀποδημίας τινὸς εἰς τὴν ὑπερορίαν συμβάσης τῷ Μειδυλίδῃ τῷ πάππῳ τῷ τοῦ πατρός, ἠρρώστησεν ὁ Ἀρχιάδης, καὶ τελευτᾷ τὸν βίον ἀπόντος τοῦ Μειδυλίδου ἄγαμος ὤν.
Not long afterwards, when a journey abroad happened to be undertaken by Meidylides, my father's grandfather, Archiades fell ill and died, while Meidylides was away, being unmarried.
τί τούτου σημεῖον;
What is the proof of this?
λουτροφόρος ἐφέστηκεν ἐπὶ τῷ τοῦ Ἀρχιάδου τάφῳ.
A water-carrier statue stands upon the tomb of Archiades.
§19ἐν δὲ τούτῳ τῷ καιρῷ ἔχων τὴν τῆς συγγενείας τῆς πρὸς γυναικῶν πρόφασιν Λεωκράτης ὁ τουτουὶ πατὴρ Λεωστράτου εἰσποιεῖ αὑτὸν υἱὸν τῷ Ἀρχιάδῃ, καὶ ἐνεβάτευσεν οὕτως εἰς τὴν οὐσίαν ὡς ὑπʼ ἐκείνου ζῶντος ἔτι εἰσποιηθείς.
At this critical juncture, Leocrates, the father of Leostratus here, using the pretext of relationship on the female side, adopted himself as a son to Archiades, and thus took possession of the estate as if he had been adopted by him while he was still alive.
ἀφικόμενος δὲ ὁ Μειδυλίδης ἠγανάκτει τε τῷ γεγενημένῳ καὶ οἷος ἦν ἐπεξιέναι τῷ Λεωκράτει·
But when Meidylides returned, he was indignant at what had happened and was ready to take legal action against Leocrates.
πειθόντων δὲ τῶν οἰκείων καὶ δεομένων ἐᾶν ἐν τῷ οἴκῳ εἶναι τὸν Λεωκράτην υἱὸν εἰσποιητὸν τῷ Ἀρχιάδῃ, συνεχώρησεν ὁ Μειδυλίδης, οὐχ ἡττηθεὶς ἐν δικαστηρίῳ, ἀλλὰ τὸ μὲν ὅλον ὑπὸ τούτων ἀπατηθείς, ἔπειτα μέντοι καὶ τοῖς οἰκείοις πειθόμενος.
Since, however, the relatives persuaded and entreated him to allow Leocrates to remain in the house as an adopted son to Archiades, Meidylides consented, not because he was defeated in court, but because, on the whole, he was deceived by them, and furthermore because he yielded to the persuasion of the relatives.
§20καὶ ὁ μὲν Μειδυλίδης ταῦτα πράξας τελευτᾷ τὸν βίον, ὁ δὲ Λεωκράτης εἶχεν τὴν τοῦ Ἀρχιάδου οὐσίαν καὶ ἐκληρονόμει πολλὰ ἔτη ὡς ἂν ἐκείνου υἱὸς ποιητός· ἡμεῖς δὲ παρὰ τὸ τὸν Μειδυλίδην ταῦτα συγχωρῆσαι ἡσυχίαν εἴχομεν.
And Meidylides, having acted thus, died, and Leocrates held the property of Archiades and inherited it for many years as his adopted son; and we kept quiet because Meidylides had consented to this.
χρόνῳ δʼ ὕστερον οὐ πολλῷ—τοῖς γὰρ μετὰ ταῦτα λόγοις ἤδη σφόδρα τὸν νοῦν προσέχετε, ὦ ἄνδρες δικασταί· §21ὁ γὰρ Λεωκράτης ὁ εἰσποιητὸς γενόμενος τῷ Ἀρχιάδῃ, ἐγκαταλιπὼν τουτονὶ Λεώστρατον ἐν τῷ οἴκῳ υἱὸν γνήσιον, ἐπανῆλθεν αὐτὸς εἰς τοὺς Ἐλευσινίους, ὅθεν ἦν τὸ ἐξ ἀρχῆς.
Not long afterwards—for to the arguments after this you must now pay very close attention, gentlemen of the jury— For Leocrates, who had become the adopted son of Archiades, left Leostratus here in the house as his legitimate son, and returned himself to the Eleusinians, whence he originally came.
καὶ οὐδʼ ἐνταῦθα οὐδέπω ἡμεῖς οὐδὲν τῶν πραγμάτων τῶν περὶ τὸν κλῆρον ἐκινοῦμεν, ἀλλʼ ἐμένομεν ἐπὶ τῶν αὐτῶν.
And even then, we did not yet stir any of the matters concerning the estate, but remained on the same terms.
§22πάλιν τοίνυν Λεώστρατος αὐτὸς οὑτοσί, εἰσποιητὸς ὢν υἱὸς καὶ ἐγκαταλειφθεὶς ἐν τῷ τοῦ Ἀρχιάδου οἴκῳ, ἐπανέρχεται, ὥσπερ ὁ πατὴρ αὐτοῦ, ἐπὶ τοὺς Ἐλευσινίους, ἐγκαταλιπὼν υἱὸν γνήσιον καὶ διὰ τριῶν σωμάτων κυρίαν τὴν ἐξ ἀρχῆς ποίησιν παρὰ τοὺς νόμους καταστήσας.
Furthermore, this Leostratus himself, who was an adopted son and had been left in the house of Archiades, returned in his turn, just like his father, to the Eleusinians, leaving a legitimate son behind, and thus, contrary to the laws, established the original adoption as valid through three generations.
§23πῶς γὰρ οὐ παρὰ τοὺς νόμους, ὁπότʼ εἰσποιητὸς αὐτὸς ὢν εἰσποιητοὺς υἱοὺς ἐγκαταλείπων ἐπανῄει;
For how is it not contrary to the laws, when he, being himself an adopted son, returned leaving behind adopted sons?
καὶ τοῦτο διατετέλεκε ποιῶν μέχρι ταύτης τῆς ἡμέρας, καὶ διὰ τούτου τοῦ τρόπου τὴν κληρονομίαν ἡμῶν ἀποστερήσειν οἴονται, ἐνεργαζόμενοι μὲν καὶ ἐμπαιδοτροφούμενοι τῇ τοῦ Ἀρχιάδου οὐσίᾳ, ἐπανιόντες δὲ ἐπὶ τὴν πατρῴαν οὐσίαν ἐκεῖθεν ἀεί, κἀκείνην μὲν ἀκέραιον φυλάττοντες, ταύτην δʼ ἀναλίσκοντες.
And they have continued doing this down to this day, and in this manner they expect to deprive us of the inheritance, while they farm and raise their children on the estate of Archiades, and from there always return to their paternal estate, keeping that one intact but consuming this one.
§24ἀλλʼ ὅμως τούτων τοιούτων ὄντων, ὅπερ εἶπον, ἡμεῖς ὑπεμένομεν ἅπαντα.
Nevertheless, though these things were so, as I said, we submitted to it all.
μέχρι τίνος;
Until when?
ἕως ὁ Λεωκράτης ὁ ὑπὸ Λεωστράτου ἐν τῷ οἴκῳ τῷ Ἀρχιάδου ἐγκαταλειφθεὶς υἱὸς τετελεύτηκεν ἄπαις.
Until Leocrates, the son who had been left by Leostratus in the house of Archiades, died childless.
τούτου δὲ ἄπαιδος τετελευτηκότος, ἀξιοῦμεν ἡμεῖς οἱ γένει ἐγγυτάτω ὄντες Ἀρχιάδῃ κληρονομεῖν τῆς οὐσίας, καὶ μὴ τῷ τετελευτηκότι τῷ αὐτῷ εἰσποιητῷ ὄντι υἱὸν εἰσποιεῖν ἐπʼ ἀποστερήσει τῶν ἡμετέρων.
Now that he has died childless, we, being the next of kin to Archiades, claim to inherit the estate, and we claim that they should not adopt a son to the deceased who was himself an adopted son, to the deprivation of our rights.
§25εἰ μὲν γὰρ αὐτὸς ζῶν ἐποιήσατο, καίπερ ὄντος παρὰ τὸν νόμον τοῦ ἔργου, οὐκ ἀντιλέγομεν· ἐπειδὴ δὲ οὔτε γόνῳ ἦν αὐτῷ υἱὸς οὐδεὶς οὔτʼ ἐποιήσατο ζῶν, ὁ δὲ νόμος τοῖς ἐγγύτατα γένους τὰς κληρονομίας ἀποδίδωσι, πῶς οὐ δίκαιοί ἐσμεν ἡμεῖς τούτων μὴ ἀποστερηθῆναι κατʼ ἀμφότερα;
For if he had himself adopted a son while alive, although the act would have been contrary to the law, we would not be gainsaying it; but since he had no son of his own body, nor did he adopt one while alive, and the law awards the inheritances to the next of kin, how is it not just that we should not be deprived of this on both grounds?

Notes

  1. §17ὑπὲρ οὗ — The antecedent of the relative pronoun `οὗ` is the preceding `Ἀρχιάδου`. Combined with the preposition `ὑπέρ` ('on behalf of' or 'in the name of'), it indicates that the protestation was made in relation to Archiades (or his estate).
  2. §19οἷος ἦν — The relative adjective `οἷος` with the verb 'to be' and followed by an infinitive (here, `ἐπεξιέναι`, meaning to prosecute) expresses the subject's readiness, inclination, or intention ('he was of such a mind as to' or 'he was ready to take legal action').
  3. §20παρὰ τὸ τὸν Μειδυλίδην ταῦτα συγχωρῆσαι — The preposition `παρά` with the accusative of the articular infinitive here denotes cause or reason ('because Meidylides had consented to this'), rather than its more common meaning of 'contrary to.'
  4. §22διὰ τριῶν σωμάτων — Literally 'through three bodies.' This is an idiomatic legal expression indicating that the adoption was maintained across three generations (Leocrates, Leostratus, and the subsequent son) by leaving a legitimate son in the adopted house.

Cite this passage

Demosthenes, Against Leochares §17-25. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg044.humanitext-grc2:17-25

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