Greek Texts & Translations

38.17Now, men of the jury, that you may know that they not only have suffered no wrong in the present case, but that they are bringing suit in defiance of all your laws, I wish to cite to you this statute also, which expressly states that, if five years have elapsed and they have brought no suit, it is no longer permitted to orphans to bring suit regarding claims connected with guardianship.

The clerk will read you this law.Law

38.18You hear the law, men of the jury, flatly stating that if they do not bring suit within five years, they have no longer the right to sue. But we did bring suit, they may say. Yes, and you made a settlement, too; so you have no right to bring a fresh suit. Else it would be an outrageous thing, if for original wrongdoings the law does not allow suit to be brought by orphans after five years against guardians who have not been released, but now in the twentieth year you are to maintain an action against us, the children of your guardians, for matters concerning which you did give them a release.

38.19But I hear that they are going to shun arguments based upon the facts of the case and upon the laws, and are prepared to assert that a large estate was left them and that they were defrauded of it; and that they will advance as a proof of this the large sum asked as damages in their original suit, and they will wail over their orphanhood, and will go through the guardianship accounts. These and such-like points are the ones upon which they have fixed their trust, and by which they hope to beguile you. 38.20For my own part, I think that the large sum asked as damages in the suits then brought is a stronger proof for us, that our father was the victim of a malicious action, than for them, that they were being defrauded of a large estate. For if he could prove his claims for eighty talents, no man in the world would have accepted three talents in settlement; whereas anyone, being defendant in a guardianship suit involving such large sums, would have paid three talents to buy off the risk and the advantages with which at that time nature supplied these men. They were orphans and young, and you were ignorant of their real characters; and everyone says that in your courts these things have more weight than strong arguments.

38.21Moreover, I think I can also prove that you might with good reason refuse to hear a word from them in regard to the guardianship. ^note For suppose one should grant that they have suffered the greatest possible wrongs, and that everything which they will now allege about these matters is true, this, at least, I presume you would all admit: that it has happened to others ere now to have suffered many wrongs more serious than pecuniary wrongs. For involuntary homicides, outrages on what is sacred, and many other such crimes are committed; yet in all these cases the fact they have yielded to persuasion and given a release is appointed for the parties wronged as a limit and settlement of the dispute. 38.22And this just principle is so binding among all men, that, if one, having convicted another of involuntary homicide, and clearly shown him to be polluted, subsequently takes pity upon him, and releases him, he has no longer the right to have the same person driven into exile. If, then, when life and all that is most precious are at stake, a release has this power and validity, shall it be without effect, when money is at stake, or claims of lesser importance? Surely not. For the thing most to be feared is, not that I should fail to obtain justice in your court, but that a just practice, established from the beginning of time, should now be done away with.

38.23“They did not let our property,” they will perhaps say. No; for your uncle Xenopeithes did not want it let, but, after Nicidas had denounced him for this, ^note induced the jurors to allow him to administer it; and this everybody knows. “They robbed us of huge sums.” Well, for this you have received from them the damages upon which you agreed; and, I take it, you are not entitled to recover it again from me. 38.24But, that you may not think there is anything in all this—it is of course not fair (how could it be?) after having come to a settlement with the guilty parties, to accuse persons who know nothing about the case—none the less, Xenopeithes and Nausimachus, if you have the idea that your claims are so marvellously valid, pay back three talents, and go on with your suit. After having exacted so large a sum for not pressing your charges, you are bound to keep silent until you have paid this back—not to make the charges and keep the money; that is the very extreme of unfair dealing.