Against Leochares

For when he failed to get his own name inscribed, he entered his own son Leochares as an adopted son of Archiades, in defiance of all the laws, before the scrutiny[*](For this scrutiny see note 3 of Dem. 27.) of the deme had taken place. But Leochares had not yet been introduced to the clansmen of Archiades; yet when his name had been entered on the list of the deme, only then did Leostratus, by bringing influence to bear upon a certain member of the clan, get the name inscribed upon the clan register.[*](This should have normally have been done shortly after birth, for the enrollment in the clan marked the acceptance of the child as a member of the family, as the enrollment in the deme marked a youth’s assumption of the status of citizenship.)

And after that, in his affidavit before the archon he inscribed Leochares as being the lawfully born son of the man who had been dead many years past—Leochares, who had been registered with the clan only a day or two before! So it results that they both lay claim to the inheritance; for Leostratus here made the deposit for costs in the inheritance suit as being the lawfully born son of Archiades, and Leochares here has filed the affidavit, as being the lawfully born son of the same father!

And in neither case is it to a living man, but to one that is dead, that each of them makes himself an adopted son! But in our opinion, men of the jury, you ought, when you shall have cast your vote concerning the present case, then, and not till then, to find from among us, who are nearest of kin, an adopted son for the deceased, in order that the family may not become extinct.

First, men of the jury, to prove that Leostratus here has returned to the Eleusinians from the demesmen of Otrynê, leaving a lawfully born son in the family of Archiades; and that his father at an earlier date had done this same thing; and that the son so left has died without issue; and that the one who has now sworn the affidavit was enrolled among the demesmen before he had been enrolled among the members of the clan—to prove these facts the clerk shall read you the depositions of the members of the clan and of the deme; and in proof of all the other things I have mentioned which these men have done I shall produce testimony concerning each several fact.

(To the clerk.) Please call the witnesses to come forward.

The Witnesses