Against Athenogenes (16-17)

Consider the legal position, Athenogenes, as regards free persons as well as slaves. No doubt you know as everyone does that the children of married women are legitimate. Yet the mere act of betrothing a woman on the part of a father or brother was not enough for the lawmaker. On the contrary, he wrote expressly in the law[*] : whomsoever any man has lawfully betrothed as wife, her children shall be legitimate; not: if any man has betrothed some other woman on the pretence that she is his daughter. He lays it down that just betrothals shall be valid and unjust ones invalid.

Moreover the law dealing with wills is very similar to this.[*] It allows a man to bequeath his property as he wishes unless he is affected by old age, illness or insanity, and provided he is not influenced by a woman or imprisoned or otherwise coerced. But if even our own personal property cannot be administered according to an unjust will, surely Athenogenes who is disposing of my property through his agreement cannot enforce such terms.