Against Leochares

To sum up the matter briefly, we, since we are the nearest of kin in the male line to Archiades, to whom this estate belonged, and since of the persons whom he adopted some have gone back to the family of their fathers, and the one last left had died without issue,—in these circumstances, we, I say, claim to inherit.

We are not depriving Leostratus of any property (for these men hold what is their own), but we claim the estate left by Archiades, which is ours according to the laws. For the law, men of the jury, ordains that males and the sons of males should have precedence; and such we are. Archiades had no children, and we are the ones nearest of kin to him.

Further, it is surely not just that an adopted son should bring other sons into a family by adoption; he may leave in it children born to him, but in default of these he must restore the inheritance to those related by blood. That is what the laws ordain.For is it not plain that each one of you is excluded from the right of inheritance by direct descent, if this licence be granted to children by adoption? For you see that most people who adopt children do so through being cajoled by flattery and often in a spirit of contentiousness caused by family quarrels. But if an adopted son is to be permitted in defiance of the law to adopt whomsoever he pleases, inheritances will never be given to blood-relations.

It was to guard against this that the lawgiver forbade a person who was himself adopted to create a son by adoption. In what manner did he declare his view regarding this? When he says a man may return to his own family, leaving behind him a lawfully born son he makes it plain, I take it, that it is not lawful for him to adopt; for it is impossible for a man to leave behind him a lawfully born son, unless he have a son born of his body. But you, Leostratus, claim the right to bring an adopted son into the inheritance of the dead man, who had himself been adopted into our family, just as though you were taking possession of your own property, and not that which the law declares shall be given to the nearest of kin.

For ourselves, men of the jury, if the deceased had adopted anyone, even though the law does not allow it, we should have submitted; or, if he had left a will, we should also have been ready to abide by that; for from the beginning this has been our position; we made no objection to their holding the property and returning to their original family in whatever manner they pleased.

Now, however, that the affair has at length been exposed both by these men themselves and by the laws, we hold that it is right for us to inherit the estate of Archiades, and that the son to be adopted should come from us who have not been adopted before, and not from them. For it was just, in my opinion, that the lawgiver, as he laid upon the nearest of kin the duty of relieving the misfortunes of their relatives, and of giving in marriage their women-folk, so also has given to these same people as their due the right of inheriting and of sharing in the good things.

But that which is the most significant thing, and the thing best known to you, is this: the law of Solon does not allow an adopted son even to dispose by will of the property in the family into which he comes by adoption. And there is good reason for this, in my view; for a person who comes by legal adoption into possession of the property of another, ought not to deal with it as if it were his own private estate. No, he should act consistently with the laws, and do in each particular what the laws prescribe.

All those who had not been adopted, says the lawgiver,[*](This law is cited more fully in Dem. 46.14) at the time when Solon entered upon office, may bequeath their property by will, as they see fit, thus indicating that those who were adopted might not so dispose of theirs, but that they might return to their families in their lifetime, leaving a lawfully born son in their place; otherwise, in case of death, they must give back the property to those who from the first were relatives of the adoptive father.