On the Estate of Menecles

But, gentlemen, it was not under her influence that he adopted me as his son; his chief motive was his loneliness, and, secondly, the other causes I have mentioned, and the goodwill which he felt towards my father, and, thirdly, because he had no other relative from whose family he might have adopted a son. These were the motives which at the time induced him to adopt me; so that it is quite clear that he was not insane or under the influence of a woman, unless, indeed, my opponent wishes to describe his loneliness and childlessness in these terms.

I feel that I should like my opponent, who thinks himself so wise, to tell me whom of his relatives Menecles ought to have adopted? Ought he to have adopted my opponent's son? But he would never have given him up and so rendered himself childless; he is not so avaricious as all that. Well then, the son of his sister or of his male or female cousin? But he had no such relative at all.

He was, therefore, obliged to adopt someone else, or, failing that, grow old in childlessness, as my opponent now thinks he ought to have done. I think, therefore, that you would all admit that, when he adopted a son, he could not have adopted anyone who was more closely connected with him than I was. Otherwise, let my opponent indicate such a person. He cannot possibly do so; for he had no other kinsman than those whom I have mentioned.

But my opponent is now clearly blaming Menecles not for failing to adopt his own son but for adopting any son at all and not dying childless. It is for this that he blames him, a proceeding which is as spiteful as it is unjust; for while he has children of his own, he is obviously blaming Menecles for being childless and unfortunate.

All other men, whether Greek or barbarians, regard this law about adoption as a good one and therefore all make use of it; but my uncle here is not ashamed to deprive his own brother of this right to adopt a son, the enjoyment of which no one has ever grudged even those who were no relatives at all.

I think that my opponent, if anyone were to ask him what he would have done in the same circumstances as Menecles, would have nothing to say except that he would have adopted someone who was likely to look after him while he lived and bury him when he died; and it is obvious that the adoption would have been carried out under the same law as mine was. He himself, then, if he had been childless, would have adopted a son; but when Menecles acts in the same manner, he declares that he was insane and under the influence of a woman when he adopted me.

Is it not clear that he is talking in an abominable manner? I am of opinion that it is much rather my opponent who is insane by reason of the line of argument which he employs and the things which he does. For he is clearly arguing the contrary of the laws and of justice and of what he himself would have done, and is not ashamed of making the law about adoption valid for himself, while he seeks to render this same law of no effect for his brother.

Next, it is right, gentlemen, that you should hear what cause of quarrel my opponent has that he seeks to make his own brother childless. For if he has any quarrel with me about my name, and repudiates the suggestion that I am to be called Menecles' son, is he not the victim of mean jealousy? But if it is a question of money with him, let him point out to you what land or building or house Menecles left behind of which I am now in possession. But if he left no such property, but my opponent took from him in his lifetime all that remained after he had paid off the money due to the orphan, is he not clearly convicted of shameless conduct?

I will put the facts of the case before you. When it became necessary to pay back the money to the orphan, and Menecles did not possess the requisite sum, and interest had accumulated against him over a long period, he was for selling the land. My opponent, seizing the opportunity and being desirous to pick a quarrel with him because he had adopted me, tried to prevent the land from being sold, in order that it might be held as a pledge, and that Menecles might be obliged to cede the possession of it to the orphan. My opponent, therefore, claimed a part of the property from Menecles, though he had never previously made any such claim, and tried to prevent the purchasers from completing the purchase.

Menecles was annoyed, as I can well imagine, and was obliged to reserve the portion which my opponent claimed; the rest he sold to Philippus of Pithos for seventy minae and thus paid off the orphan, giving him one talent and seven minae out of the price of the property; and he brought an action against his brother for restraining the sale. After long discussion had taken place and much bad feeling been aroused, we thought it best, in order that no one might say that I was avaricious and that I was setting these men, who were brothers, against one another, to submit the matter to the arbitration of my opponent's brother-in-law and our friends.

The latter told us that, if we were to entrust them to decide the rights of the case, they would refuse to act as arbitrators, for they did not wish to quarrel with either party; if, however, we would allow them to decide what was in the interest of all, they consented to act. So we, in order, as we thought, to get rid of the matter, entrusted the decision to them on these terms.

They, after having sworn an oath to us at the altar of Aphrodite at Cephale[*](This sanctuary is mentioned on an inscription found near the E. coast of Attica about 12 miles N. of Sunium.) that they would decide what was to our common interest, gave as their verdict that we should give up what my opponent claimed and hand it over to him as a free gift; for they declared that the only way of settling the matter was that my opponent should receive a share of Menecles' property.

They decided that for the future we must behave in a proper manner towards one another, both in word and in deed, and they obliged both parties to swear at the altar that they would do so; so we swore that we would in future behave properly towards one another both in word and in deed, as far as lay within our power.

That the oath was sworn and that these men are in possession of the property which was awarded to them by my opponent's friends and that their notion of behaving well towards us is this, to try and make the deceased childless and drive me forth with insult from his family—of all this I will produce before you as witnesses the very men who gave the decision, if they are willing to appear (for they are my opponent's friends), but, if not, those who were present on the occasion.

Please read these depositions; and, you, turn off the water-clock.[*](The length of the speeches was regulated by means of a water-clock, which was turned off during the reading of laws and depositions.)

Evidence

Now, please, take these depositions to the effect that the land was sold for seventy minae and that the orphan received sixty-seven minae from the proceeds.

Evidence

Thus it is my uncle here, gentlemen, who has inherited the property of Menecles—really and not merely nominally, as I have—and has a much larger share than I have; for I received only the three hundred drachmae which remained over out of the proceeds of the sale and a small house not worth three minae. My opponent, on the other hand, being in possession of land worth more than ten minae, has now, moreover, come into court with the object of rendering desolate the house of the deceased.[*](i.e., seeking to disinherit the adopted son and so deprive Menecles of a representative to carry on his family.)

I, the adopted son, with the aid of my wife, the daughter of Philonides here, tended Menecles while he lived and gave his name to my little son, in order that his family might not lack a representative. On his death, I buried him in a manner befitting both him and myself, and I erected a fine monument to him and celebrated the commemorative ceremony on the ninth day and performed all the other rites at the tomb in the best manner possible, so that I won the praise of all the members of my deme.

But my opponent, his kinsman, who blames him for having adopted a son, during his lifetime deprived him of the landed property which remained to him, and, now that he is dead, wishes to render him childless and wipe out his very name; that is the kind of man he is. In proof that I buried Menecles and performed the ceremonies on the third and ninth days and all the other rites connected with the burial, the clerk shall read you the depositions of those who are acquainted with the facts.

Evidence

In support of the truth of my assertion, gentlemen, that Menecles, when he adopted me, was not insane or under the influence of a woman, I wish to bring before you my opponents themselves as witnesses, not in word but in deed, by their own conduct. For it is notorious that both of them went through the process of reconciliation with me and not with Menecles, and swore an oath to me, as I did to them.

Yet if the adoption had not been carried out in proper legal form and I had not been recognized as heir to Menecles' property by my opponents themselves, what need was there for them to swear to me and to receive an oath from me? Surely none. By so acting then they themselves clearly bear witness that I was legally adopted and am the rightful heir of Menecles.