§44πρῶτον μὲν οὖν, ὦ ἄνδρες δικασταί, ὡς ἐπανῆλθεν εἰς τοὺς Ἐλευσινίους ἐκ τῶν Ὀτρυνέων Λεώστρατος οὑτοσὶ καταλιπὼν υἱὸν τῷ Ἀρχιάδῃ γνήσιον, καὶ ὅτι ὁ πατὴρ αὐτοῦ ἔτι πρότερον τὸ αὐτὸ τοῦτʼ ἐπεποιήκει, καὶ ὡς ὁ καταλειφθεὶς ἄπαις τετελεύτηκεν, καὶ ὡς ὁ νῦν διαμεμαρτυρηκὼς πρότερον εἰς τοὺς δημότας ἢ εἰς τοὺς φράτερας ἐνεγράφη, τούτων ὑμῖν τὰς τῶν φρατέρων καὶ τὰς τῶν δημοτῶν μαρτυρίας ἀναγνώσεται, καὶ τῶν ἄλλων δὲ τῶν εἰρημένων, ὧν οὗτοι πεποιήκασιν, ἁπάντων ὑμῖν τὰς μαρτυρίας καθʼ ἓν ἕκαστον παρέξομαι.
First of all, then, gentlemen of the jury, to show that Leostratus here returned to the Eleusinians from the Otrynians, having left a legitimate son to Archiades, and that his father even before had done this very same thing, and that the one who was left died childless, and that the one who has now entered a protest was enrolled among the demesmen before he was enrolled among the phratry-members—of these things the clerk shall read to you the testimonies of the phratry-members and of the demesmen; and indeed, of all the other things mentioned, which these men have done, I will provide the testimonies to you one by one.
καί μοι κάλει τοὺς μάρτυρας δευρί.
And call the witnesses hither to me.
ΜΑΡΤΥΡΕΣ.
Witnesses.
§45τῶν μὲν τοίνυν πραγμάτων ἁπάντων ἀκηκόατε, ὦ ἄνδρες δικασταί, καὶ τῶν ἐξ ἀρχῆς γεγενημένων περὶ τὸν κλῆρον τοῦτον καὶ τῶν ὕστερον συμβάντων, ἐπειδὴ τάχιστα τὴν λῆξιν ἡμεῖς ἐποιησάμεθα.
Now indeed, gentlemen of the jury, you have heard of all the matters, both those that happened from the beginning concerning this estate, and those that occurred later, as soon as we registered our claim.
λοιπὸν δʼ ἐστὶ περί τε τῆς διαμαρτυρίας αὐτῆς εἰπεῖν καὶ περὶ τῶν νόμων καθʼ οὓς ἀξιοῦμεν κληρονομεῖν· ἔτι δέ, ἂν ἐγχωρῇ τὸ ὕδωρ καὶ μὴ μέλλωμεν ὑμῖν ἐνοχλεῖν, ἐξελέγξαι τὰ ὑπὸ τούτων ῥηθησόμενα, ὅτι οὔτε δίκαια οὔθʼ ὑγιῆ ἐστι.
What remains is to speak both concerning the protest itself and concerning the laws according to which we claim to inherit; and further, if the water permits and we are not going to trouble you, to refute the arguments that will be spoken by them, showing that they are neither just nor sound.
καὶ πρῶτον μὲν τὴν διαμαρτυρίαν ἀναγνώτω, καὶ σφόδρα τὸν νοῦν αὐτῇ προσέχετε· περὶ γὰρ ταύτης ἡ ψῆφος οἰσθήσεται νυνί.
And first let him read the protest, and pay very close attention to it; for concerning this the vote will be cast now.
ΔΙΑΜΑΡΤΥΡΙΑ.
Protest.
§46οὐκοῦν δήπου διαμεμαρτύρηκεν οὑτοσί, ὡς ἀκηκόατε,
μὴ ἐπίδικον εἶναι τὸν κλῆρον τὸν Ἀρχιάδου, ὄντων αὐτῷ παίδων γνησίων κυρίως κατὰ τὸν θεσμόν.
Therefore, as you have heard, this man has entered a protest that the estate of Archiades is not subject to adjudication, on the ground that there are legitimate children belonging to him in accordance with the law.
ἐξετάσωμεν τοίνυν, εἰ εἰσὶν ἢ τὰ ψευδῆ διαμεμαρτύρηκεν οὑτοσί.
Let us then examine whether there are such children, or whether this man has entered a false protest.
ὁ γὰρ Ἀρχιάδης ἐκεῖνος, οὗ ἐστιν ὁ κλῆρος, ἐποιήσατο υἱὸν τὸν τοῦ διαμεμαρτυρηκότος νυνὶ πάππον· ἐκεῖνος δʼ ἐγκαταλιπὼν υἱὸν γνήσιον τὸν τούτου πατέρα Λεώστρατον ἐπανῆλθεν εἰς τοὺς Ἐλευσινίους.
For that famous Archiades, to whom the estate belongs, adopted as his son the grandfather of the one who has now entered the protest; but that grandfather, having left Leostratus, the father of this man, as a legitimate son, returned to the Eleusinians.
§47μετὰ δὲ ταῦτα αὐτὸς οὑτοσὶ Λεώστρατος πάλιν ἐγκαταλιπὼν υἱὸν ᾤχετο ἀπιὼν εἰς τὸν πατρῷον οἶκον· ὁ δʼ ἐγκαταλειφθεὶς ὑπὸ τούτου τελευταῖος ἁπάντων τῶν εἰσποιηθέντων τετελεύτηκεν ἄπαις, ὥστε γίγνεται ἔρημος ὁ οἶκος, καὶ ἐπανελήλυθεν ἡ κληρονομία πάλιν εἰς τοὺς ἐξ ἀρχῆς ἐγγύτατα γένους ὄντας.
After this, Leostratus himself here, having again left a son, went back to his paternal house; and the one who was left by him, the last of all those who had been adopted, died childless, so that the house became extinct, and the inheritance has returned again to those who from the beginning are the nearest of kin.
§48πῶς ἂν οὖν εἴησαν κατὰ τὴν διαμαρτυρίαν υἱεῖς ἔτι τινὲς τῷ Ἀρχιάδῃ, ᾧ οἱ μὲν εἰσποιηθέντες ὁμολογοῦνται ἐπανεληλυθέναι, ὁ δʼ ἐγκαταλειφθεὶς τελευταῖος ἄπαις τετελεύτηκεν;
How then could there still be any sons to Archiades according to the protest, when those who were adopted are admitted to have returned, and the last one left has died childless?
οὐκοῦν ἀνάγκη τὸν οἶκον ἔρημον εἶναι.
Therefore, the house must necessarily be extinct.
ὁπότε δὲ ἔρημος ὁ οἶκος, οὐκ ἂν εἴησαν υἱεῖς ἔτι ἐκείνῳ γνήσιοι.
And when the house is extinct, there can no longer be legitimate sons to him.
οὑτοσὶ τοίνυν διαμεμαρτύρηκεν τοὺς οὐκ ὄντας εἶναι, καὶ γέγραφεν ἐν τῇ διαμαρτυρίᾳ
ὄντων παίδων
, ἕνα φάσκων αὑτὸν εἶναι.
Yet this man has protested that those who do not exist do exist, and has written in the protest 'there being children,' claiming that he himself is one of them.
§49ἀλλὰ μὴν
γνησίων
γʼ ὅταν λέγῃ καὶ
κυρίως κατὰ τὸν θεσμόν
, παρακρούεται παρὰ τοὺς νόμους.
Furthermore, when he says 'legitimate' and 'lawfully in accordance with the ordinance,' he is cheating in violation of the laws.
τὸ μὲν γὰρ γνήσιόν ἐστιν, ὅταν ᾖ γόνῳ γεγονός· καὶ ὁ νόμος ταῦτα μαρτυρεῖ λέγων,
ἣν ἂν ἐγγυήσῃ πατὴρ ἢ ἀδελφὸς ἢ πάππος, ἐκ ταύτης εἶναι παῖδας γνησίους. τὸ δὲ
κυρίως
κατὰ τῶν ποιήσεων ὁ νομοθέτης ἔλαβεν, ὑπολαμβάνων δεῖν, ὅταν τις ὢν ἄπαις καὶ κύριος τῶν ἑαυτοῦ ποιήσηται υἱόν, ταῦτα κύρια εἶναι.
For 'legitimate' applies when a child is born by descent; and the law testifies to this, saying: 'Whomever a father, or a brother, or a grandfather has betrothed, from her the children are legitimate.' On the other hand, the lawgiver used the word 'lawfully' in reference to adoptions, assuming that when anyone who is childless and master of his own property adopts a son, this should be valid.
οὗτος τοίνυν γόνῳ μὲν οὐδένα φησὶν Ἀρχιάδῃ γενέσθαι υἱόν, διαμεμαρτύρηται δὲ
γνησίων ὄντων
, ἐναντίαν τῷ πράγματι τὴν διαμαρτυρίαν ποιησάμενος.
This man, then, admits that no son was born to Archiades by descent, yet he has entered a protest 'there being legitimate children,' making his protest contrary to the facts.
§50ποιητὸς δὲ ὁμολογῶν εἶναι, φαίνεται οὐκ εἰσποιηθεὶς ὑπὸ τοῦ τετελευτηκότος αὐτοῦ, ὥστε πῶς ἔτι σοι κύρια ταῦτʼ ἂν εἴη κατὰ τὸν θεσμόν;
And while admitting that he is adopted, it is clear that he was not adopted by the deceased himself, so how could this still be valid for you in accordance with the ordinance?
ὅτι νὴ Δία ἐγγέγραπται Ἀρχιάδῃ υἱός. ὑπό γε τουτωνὶ πρῴην βιασαμένων, ἤδη τῆς τοῦ κλήρου διαδικασίας ἐνεστηκυίας· οὐ δὴ δίκαιον ἐν τεκμηρίῳ ποιεῖσθαι τἀδίκημα.
'Because, by Zeus, he has been enrolled as a son to Archiades!' Yes, enrolled by these men who used force the other day, when the adjudication of the estate was already pending; surely it is not just to use their own illegal act as a proof.
§51καὶ γὰρ ἐκεῖνο πῶς οὐ δεινόν ἐστιν, ὦ ἄνδρες δικασταί, ἐπὶ μὲν τοῦ λόγου αὐτίκα μάλα φήσειν ποιητὸν εἶναι, ἐν δὲ τῇ διαμαρτυρίᾳ τοῦτο μὴ τολμῆσαι γράψαι, ἀλλὰ τὰ μὲν ἐν ταύτῃ διαμεμαρτυρημένα εἶναι ὡς ὑπὲρ υἱοῦ γόνῳ γεγονότος, τὰ δʼ αὐτίκα μάλα ῥηθησόμενα ὡς εἰσποιητοῦ;
For indeed, how is that not outrageous, gentlemen of the jury, that in his speech he will say in a moment that he is adopted, but in his protest he did not dare to write this, but instead made the assertions in the protest as if on behalf of a son born by descent, while what is about to be said in a moment is as if on behalf of an adopted one?
εἰ δὲ τὴν ἀπολογίαν ἐναντίαν τῇ διαμαρτυρίᾳ ποιήσονται, πῶς οὐκ ἢ τὸν λόγον ἀνάγκη ἢ τὴν διαμαρτυρίαν ψευδῆ εἶναι;
If they make their defense contrary to their protest, how is it not necessary that either the speech or the protest is false?
εἰκότως δʼ οὐ προσέγραψαν τὴν ποίησιν τῇ διαμαρτυρίᾳ.
And they naturally did not add the adoption to the protest.
ἔδει γὰρ ἐγγράψαι αὐτοὺς
εἰσποιησαμένου τοῦ δεῖνος
· ὁ δʼ οὐκ εἰσεποιήσατο, ἀλλʼ ἑαυτοὺς εἰσποιοῦντες ἀποστεροῦσιν ἡμᾶς τῆς κληρονομίας.
For they would have had to write 'so-and-so having adopted him'; but the deceased did not adopt him, rather they, by adopting themselves, are depriving us of the inheritance.