§17ἵνα τοίνυν εἰδῆτʼ, ὦ ἄνδρες δικασταί, ὅτι οὐ μόνον οὐκ ἀδικοῦνται νῦν, ἀλλὰ καὶ παρὰ πάντας ἡμῖν δικάζονται τοὺς νόμους, βούλομαι καὶ τοῦτον ὑμῖν τὸν νόμον εἰπεῖν, ὅστις διαρρήδην λέγει, ἐὰν πέντʼ ἔτη παρέλθῃ καὶ μὴ δικάσωνται, μηκέτʼ εἶναι τοῖς ὀρφανοῖς δίκην περὶ τῶν ἐκ τῆς ἐπιτροπῆς ἐγκλημάτων.
In order, therefore, that you may know, men of the jury, that they are not only not wronged now, but are even bringing their suit against us contrary to all the laws, I wish to tell you this law also, which expressly states that if five years pass and they do not bring a suit, there is no longer any right of action for orphans concerning complaints arising from guardianship.
καὶ ὑμῖν ἀναγνώσεται τὸν νόμον.
And he shall read you the law.
ΝΟΜΟΣ.
LAW.
§18ἀκούετʼ, ὦ ἄνδρες δικασταί, τοῦ νόμου λέγοντος ἄντικρυς, ἐὰν μὴ πέντʼ ἐτῶν δικάσωνται, μηκέτʼ εἶναι δίκην.
You hear, men of the jury, the law stating outright that if they do not bring a suit within five years, there is no longer any right of action.
οὐκοῦν ἐλάχομεν, φαῖεν ἄν.
"Well, we did bring a suit," they might say.
καὶ διελύσασθέ γε, ὥστʼ οὐκ εἰσὶν αὖθις ὑμῖν δίκαι.
Yes, and you settled it, so that you have no further suits.
ἢ δεινόν γʼ ἂν εἴη, εἰ τῶν μὲν ἐξ ἀρχῆς ἀδικημάτων οὐ δίδωσιν ἔξω πέντʼ ἐτῶν τὰς δίκας τοῖς ὀρφανοῖς ὁ νόμος κατὰ τῶν οὐκ ἀφειμένων ἐπιτρόπων, πρὸς δὲ τοὺς ἐξ ἐκείνων ἡμᾶς, περὶ ὧν αὐτοὺς ἀφήκατε, εἰκοστῷ νῦν ἔτει δίκην τελέσαισθʼ ὑμεῖς.
Or indeed, it would be a shocking thing if, while the law does not grant orphans the right to bring suits for original wrongs after five years against guardians who have not been released, yet against us, the descendants of that man whom you did release, you should now in the twentieth year exact a penalty.
§19ἀκούω τοίνυν αὐτοὺς τὰ μὲν περὶ τῶν πραγμάτων αὐτῶν καὶ τῶν νόμων δίκαια φεύξεσθαι, παρεσκευάσθαι δὲ λέγειν ὡς πολλὰ χρήματʼ αὐτοῖς κατελείφθη καὶ ταῦτʼ ἀπεστερήθησαν, καὶ τεκμηρίῳ χρήσεσθαι τούτου τῷ μεγέθει τῶν δικῶν ἃς ἐξ ἀρχῆς ἔλαχον, καὶ τὴν ὀρφανίαν ὀδυρεῖσθαι, καὶ τὸν τῆς ἐπιτροπῆς λόγον διεξιέναι· καὶ ταῦτʼ εἶναι καὶ τοιαῦθʼ οἷς πεπιστεύκασι καὶ διʼ ὧν ὑμᾶς ἐξαπατήσειν οἴονται.
Now, I hear that they will avoid the just arguments concerning the facts themselves and the laws, and have prepared themselves to say that a large amount of property was left to them and that they were deprived of this, and that they will use as proof of this the magnitude of the suits which they brought from the beginning, and will lament their orphanhood, and go through the accounts of the guardianship; and that these and such things are what they trust in and by which they think they will deceive you.
§20ἐγὼ δὲ τὸ μὲν τῶν δικῶν μέγεθος τῶν τότε ληχθεισῶν μεῖζον ἡγοῦμαι τεκμήριον ἡμῖν ὡς ἐσυκοφαντεῖθʼ ὁ πατήρ, ἢ τούτοις ὡς πόλλʼ ἀπεστεροῦντο.
But for my part, I think the magnitude of the suits then brought is a greater proof for us that my father was maliciously prosecuted, than for them that they were deprived of much.
ὀγδοήκοντα μὲν γὰρ τάλαντʼ ἔχων ἐξελέγχειν, οὐδὲ εἷς ἂν τρία λαβὼν ἀπηλλάγη· τοσούτων δὲ χρημάτων ἐπιτροπῆς φεύγων, οὐδεὶς ἔστιν ὅστις οὐκ ἂν ἔδωκεν τρία τάλαντα, τὸν κίνδυνον ὠνούμενος καὶ τὰ φύσει τότε τούτοις πλεονεκτήμαθʼ ὑπάρχοντα.
For if anyone had been able to prove that he had eighty talents, no one would have settled upon receiving three; and on the other hand, if anyone were defending a suit for the guardianship of so much money, there is no one who would not have given three talents to buy off the danger and the advantages which then naturally belonged to them.
καὶ γὰρ ὀρφανοὶ καὶ νέοι καὶ ὁποῖοί τινές εἰσιν ἀγνῶτες ἦσαν· ταῦτα δὲ πάντες φασὶν μεγάλων δικαίων ἰσχύειν πλέον παρʼ ὑμῖν.
For they were orphans and young and, whatever sort of people they are, they were unknown; and everyone says that these things have more power before you than great legal rights.
§21ὅτι τοίνυν οὐδʼ ἀνάσχοισθʼ ἂν αὐτῶν εἰκότως οὐδὲν περὶ τῆς ἐπιτροπῆς, καὶ τοῦτʼ οἴομαι δείξειν.
Furthermore, that you would not reasonably tolerate any of their arguments concerning the guardianship, this also I think I shall show.
εἰ γὰρ ὡς οἷόν τε μέγιστʼ ἠδικῆσθαι δοίη τις αὐτοῖς καὶ ἐρεῖν ἅπαντʼ ἀληθῆ περὶ τούτων νυνί, ἐκεῖνό γʼ οἶμαι πάντας ἂν ὑμᾶς ὁμολογῆσαι, ὅτι πολλὰ συμβέβηκεν ἠδικῆσθαί τισιν ἤδη μείζω τῶν εἰς χρήματα γιγνομένων ἀδικημάτων· καὶ γὰρ ἀκούσιοι φόνοι καὶ ὕβρεις εἰς ἃ μὴ δεῖ καὶ πολλὰ τοιαῦτʼ ἀδικήματα γίγνεται.
For if one should grant to them that they have been wronged in the greatest possible degree, and that everything they now say about these matters is true, yet I think you would all agree on this point: that many people have already happened to be wronged by greater wrongs than those involving money; for involuntary homicides, and outrages against those who ought not to be outraged, and many such wrongs occur.
ἀλλʼ ὅμως τούτων ἁπάντων ὅρος καὶ λύσις τοῖς παθοῦσιν τέτακται τὸ πεισθέντας ἀφεῖναι.
But nevertheless, for all these things, the limit and the resolution set for the victims is to release the offender upon being persuaded.
§22καὶ τοῦθʼ οὕτω τὸ δίκαιον ἐν πᾶσιν ἰσχύει, ὥστʼ ἐὰν ἑλών τις ἀκουσίου φόνου καὶ φανερῶς ἐπιδείξας μὴ καθαρόν, μετὰ ταῦτʼ αἰδέσηται καὶ ἀφῇ, οὐκέτʼ ἐκβαλεῖν κύριος τὸν αὐτόν ἐστιν.
And this principle of law has such force in all cases that, if someone having convicted another of involuntary homicide and clearly proved him unclean, subsequently forgives and releases him, he no longer has the authority to banish that same person.
εἶθʼ ὑπὲρ μὲν ψυχῆς καὶ τῶν μεγίστων οὕτως ἰσχύει καὶ μένει τὸ ἀφεῖναι, ὑπὲρ δὲ χρημάτων καὶ ἐλαττόνων ἐγκλημάτων ἄκυρον ἔσται;
Is it then the case that, while in matters concerning life and the greatest issues, the release has such force and remains binding, yet in matters of money and lesser complaints it shall be invalid?
μηδαμῶς.
By no means.
οὐ γὰρ εἰ μὴ τῶν δικαίων ἐγὼ παρʼ ὑμῖν τεύξομαι, τοῦτʼ ἔστι δεινότατον, ἀλλʼ εἰ πρᾶγμα δίκαιον ὡρισμένον ἐκ παντὸς τοῦ χρόνου νῦν καταλυθήσεται.
For it is not if I fail to obtain justice before you that is the most terrible thing, but if a just principle established from all time is now to be dissolved.
§23οὐκ ἐμίσθωσαν ἡμῶν τὸν οἶκον, ἴσως ἐροῦσιν.
"They did not lease our estate," they will perhaps say.
οὐ γὰρ ἐβούλεθʼ ὁ θεῖος ὑμῶν Ξενοπείθης, ἀλλὰ φήναντος Νικίδου τοὺς δικαστὰς ἔπεισεν ἐᾶσαι αὑτὸν διοικεῖν· καὶ ταῦτʼ ἴσασιν πάντες.
For your uncle Xenopithes did not wish it, but when Nicidas lodged an information, he persuaded the judges to allow him to administer it himself; and everyone knows this.
πολλὰ διήρπασαν ἡμῶν ἐκεῖνοι. οὐκοῦν ἣν ἐπείσθητέ γε, τούτων δίκην παρʼ αὐτῶν ἔχετε, καὶ οὐ δήπουθεν πάλιν δεῖ λαβεῖν ὑμᾶς παρʼ ἐμοῦ.
"They plundered many of our possessions." Well, you have got satisfaction from them for the things of which you were persuaded, and you surely ought not to receive it again from me.