§11.927ΑΘ. εἴς τινα γὰρ οὖν μοι καιρὸν φαινόμεθα τοὺς ἔμπροσθεν λόγους διεξελθεῖν, ὡς ἄρα αἱ τῶν τελευτησάντων ψυχαὶ δύναμιν ἔχουσίν τινα τελευτήσασαι, ᾗ τῶν κατʼ ἀνθρώπους πραγμάτων ἐπιμελοῦνται·
ATH. Indeed, we seem to have gone through our previous arguments at a very opportune moment, to the effect that the souls of the deceased have some power after death, by which they care for human affairs.
ταῦτα δὲ ἀληθεῖς μέν, μακροὶ δʼ εἰσὶν περιέχοντες λόγοι, πιστεύειν δὲ ταῖς ἄλλαις φήμαις χρεὼν περὶ τὰ τοιαῦτα, οὕτω πολλαῖσιν καὶ σφόδρα παλαιαῖς οὔσαις, πιστεύειν δʼ αὖ καὶ τοῖς νομοθετοῦσιν ταῦθʼ οὕτως ἔχειν, ἄνπερ μὴ παντάπασιν ἄφρονες φαίνωνται.
These are true, though they are long arguments containing many things; but we must believe other reports about such matters, being so many and very ancient, and we must believe also those who legislate that these things are so, unless they seem altogether foolish.
ταύτῃ δὲ εἰ ταῦτʼ ἐστὶν κατὰ φύσιν, πρῶτον μὲν τοὺς ἄνω θεοὺς φοβείσθων, οἳ τῶν ὀρφανῶν τῆς ἐρημίας αἰσθήσεις ἔχουσιν, εἶτα τὰς τῶν κεκμηκότων ψυχάς, αἷς ἐστιν ἐν τῇ φύσει τῶν αὑτῶν ἐκγόνων κήδεσθαι διαφερόντως καὶ τιμῶσίν τε αὐτοὺς εὐμενεῖς εἶναι καὶ ἀτιμάζουσιν δυσμενεῖς, ἔτι δὲ τὰς τῶν ζώντων μέν, ἐν γήρᾳ δὲ ὄντων καὶ ἐν μεγίσταις τιμαῖς—ὅπουπερ πόλις εὐνομοῦσα εὐδαιμονεῖ, τούτους οἱ παῖδες παίδων φιλοστοργοῦντες ζῶσι μεθʼ ἡδονῆς· καὶ τὰ περὶ ταῦτα ὀξὺ μὲν ἀκούουσιν βλέπουσίν τε ὀξύ, τοῖς τε περὶ αὐτὰ δικαίοις εὐμενεῖς εἰσιν, νεμεσῶσίν τε μάλιστα αὖ τοῖς εἰς ὀρφανὰ καὶ ἔρημα ὑβρίζουσιν, παρακαταθήκην εἶναι μεγίστην ἡγούμενοι καὶ ἱερωτάτην—οἷς ἐπίτροπον καὶ ἄρχοντα πᾶσι δεῖ τὸν νοῦν, ᾧ καὶ βραχὺς ἐνείη, προσέχοντα, καὶ εὐλαβούμενον περὶ τροφήν τε καὶ παιδείαν ὀρφανῶν, ὡς ἔρανον εἰσφέροντα ἑαυτῷ τε καὶ τοῖς αὑτοῦ, κατὰ δύναμιν πάντως πᾶσαν εὐεργετεῖν.
And if these things are according to nature, first let them fear the gods above, who have perceptions of the desolation of orphans, and then the souls of the deceased, whose nature it is to care for their own offspring in a special way, and to be kindly to those who honor them, and hostile to those who dishonor them, and still those of the living indeed, who are in old age and in the greatest honors—wherever a well-governed city is happy, these the children of children love tenderly and live with pleasure; and concerning these matters they hear sharply and see sharply, and are kindly to those who do justice about them, and especially they are angry at those who insult orphans and desolate ones, considering them to be the greatest and most sacred deposit—to which things it is necessary for every guardian and ruler, paying attention with his mind, even if only a little is in him, and being cautious about the nurture and education of orphans, as if contributing a club-share for himself and his own, to benefit them in every way according to all his power.
ὁ μὲν δὴ πεισθεὶς τῷ πρὸ τοῦ νόμου μύθῳ καὶ μηδὲν εἰς ὀρφανὸν ὑβρίσας οὐκ εἴσεται ἐναργῶς τὴν περὶ τὰ τοιαῦτα ὀργὴν νομοθέτου, ὁ δὲ ἀπειθὴς καί τινα πατρὸς ἢ μητρὸς ἔρημον ἀδικῶν διπλῆν τινέτω πᾶσαν τὴν βλάβην ἢ περὶ τὸν ἀμφιθαλῆ γενόμενος κακός.
He indeed who is persuaded by the myth before the law and does no insult to an orphan will not know clearly the anger of the lawmaker concerning such matters; but let him who is disobedient and wrongs someone desolate of father or mother pay double of every damage than if he had done evil to one who has both parents living.
τὴν δὲ ἄλλην νομοθεσίαν ἐπιτρόποισίν τε περὶ ὀρφανοὺς ἄρχουσίν τε περὶ τὴν ἐπιμέλειαν τῶν ἐπιτρόπων, εἰ μὲν μὴ παράδειγμά τε τροφῆς παίδων ἐλευθέρων ἐκέκτηντο αὐτοὶ τρέφοντες τοὺς αὑτῶν καὶ τῶν οἰκείων χρημάτων ἐπιμελούμενοι, ἔτι δὲ νόμους περὶ αὐτῶν τούτων μετρίως διειρημένους εἶχον, εἶχέν τινα λόγον ἂν ἐπιτροπικούς τινας νόμους, ὡς ὄντας ἰδίᾳ διαφέροντας πολύ, τιθέναι, ποικίλλοντας ἐπιτηδεύμασιν ἰδίοις τὸν τῶν ὀρφανῶν βίον παρὰ τὸν τῶν μή· νῦν δὲ εἰς μὲν τὰ τοιαῦτα σύμπαντα οὐ πολὺ διαφέρον ἡ παρʼ ἡμῖν ὀρφανία κέκτηται τῆς πατρονομικῆς, τιμαῖς δὲ καὶ ἀτιμίαις ἅμα καὶ ἐπιμελείαισιν οὐδαμῶς ἐξισοῦσθαι φιλεῖ.
And as for the rest of the legislation for guardians concerning orphans and for rulers concerning the care of guardians, if they themselves, in rearing their own children and caring for their own property, did not possess a pattern of nurture for free children, and moreover did not have laws concerning these very things moderately defined, there would have been some reason to lay down some guardian-laws, as being very different in private, variegating the life of orphans with private practices differently from those of others; but now, as for all such matters, our state of orphanage possesses no great difference from the paternal heritage, but in honors and dishonors and at the same time cares, it is by no means accustomed to be equal.
§11.928ΑΘ. διὸ δὴ περὶ τοῦτο αὐτὸ τὴν ὀρφανῶν πέρι νομοθεσίαν παραμυθούμενός τε καὶ ἀπειλῶν ὁ νόμος ἐσπούδακεν.
ATH. Therefore indeed, the law has been earnest about this very thing, the legislation concerning orphans, both comforting and threatening.
ἔτι δʼ ἀπειλή τις ἂν τοιάδε εἴη μάλα ἔγκαιρος· ὃς ἂν θῆλυν εἴτε ἄρρενα ἐπιτροπεύῃ, καὶ ὃς ἂν ἐπιτρόπου φύλαξ τῶν νομοφυλάκων καταστὰς ἐπιμελῆται, μὴ χεῖρον ἀγαπάτω τῶν αὑτοῦ τέκνων τὸν τῆς ὀρφανικῆς μετειληφότα τύχης, μηδὲ τῶν οἰκείων τῶν τοῦ τρεφομένου χεῖρον χρημάτων ἐπιμελείσθω, βέλτιον δὲ ἢ τῶν αὑτοῦ κατὰ προθυμίαν.
And still a threat such as this would be very timely: Whoever guardians a female or a male, and whoever of the lawguards, established as a guard over a guardian, cares for him, let him love the one who has received the lot of orphanage no less than his own children, nor let him care for the property of the one being reared worse than his own, but rather better than his own according to his eagerness.
ἕνα δὲ τοῦτον νόμον ἔχων ὀρφανῶν πέρι πᾶς ἐπιτροπευέτω· ἐὰν δὲ ἄλλως τις περὶ τὰ τοιαῦτα πράττῃ παρὰ τὸν νόμον τόνδε, ὁ μὲν ἄρχων ζημιούτω τὸν ἐπίτροπον, ὁ δὲ ἐπίτροπος τὸν ἄρχοντα εἰς τὸ τῶν ἐκκρίτων δικαστήριον εἰσάγων ζημιούτω τῷ δόξαντι τιμήματι τῷ δικαστηρίῳ διπλῇ.
Having this one law concerning orphans, let everyone act as a guardian; and if anyone acts otherwise in such matters contrary to this law, let the ruler punish the guardian, and let the guardian punish the ruler, bringing him into the court of select judges, with double the assessment approved by the court.
ἐὰν δʼ ἐπίτροπος ἀμελεῖν ἢ κακουργεῖν δοκῇ τοῖς οἰκείοις ἢ καὶ τῶν ἄλλων τινὶ πολιτῶν, εἰς ταὐτὸν ἀγέτω δικαστήριον· ὅτι δʼ ἂν ὄφλῃ, τετραπλασίαν μὲν τούτου τίνειν, γιγνέσθω δὲ τὸ μὲν ἥμισυ τοῦ παιδός, τὸ δʼ ἥμισυ τοῦ καταδικασαμένου τὴν δίκην.
And if a guardian seems to neglect or do evil to the relatives or even to any of the other citizens, let him bring him into the same court; and whatever he is convicted of, let him pay fourfold of this, and let half belong to the child, and half to the one who won the suit.
ἅμα δʼ ἂν ἡβήσῃ τις τῶν ὀρφανῶν, ἐὰν ἡγῆται κακῶς ἐπιτροπευθῆναι, μέχρι πέντε ἐτῶν ἐξηκούσης τῆς ἐπιτροπῆς ἔστω δίκην λαχεῖν ἐπιτροπίας· ἐὰν δέ τις ὄφλῃ τῶν ἐπιτρόπων, τιμᾶν τὸ δικαστήριον ὅτι χρὴ παθεῖν ἢ ἀποτίνειν, ἐὰν δὲ δὴ τῶν ἀρχόντων, ἀμελείᾳ μὲν δόξας κακῶσαι τὸν ὀρφανόν, ὅτι χρὴ τίνειν αὐτὸν τῷ παιδί, τιμάτω τὸ δικαστήριον, ἐὰν δὲ ἀδικίᾳ, πρὸς τῷ τιμήματι, τῆς ἀρχῆς τῶν νομοφυλάκων ἀφιστάσθω, τὸ δὲ κοινὸν τῆς πόλεως ἕτερον νομοφύλακα ἀντὶ τούτου καθιστάτω τῇ χώρᾳ καὶ τῇ πόλει.
And as soon as any of the orphans comes of age, if he thinks he has been badly guardianed, let it be permitted to bring a suit of guardianship within five years of the expiration of the guardianship; and if any of the guardians is convicted, let the court assess what he must suffer or pay; and if indeed any of the rulers, being judged to have harmed the orphan by neglect, let the court assess what he must pay to the child; but if by injustice, in addition to the assessment, let him be removed from his office of lawguard, and let the public of the city establish another lawguard instead of him for the territory and the city.
διαφοραὶ πατέρων τε πρὸς αὑτῶν παῖδας γίγνονται καὶ παίδων πρὸς γεννητὰς μείζους ἢ χρεών, ἐν αἷς οἵ τε πατέρες ἡγοῖντʼ ἂν δεῖν τὸν νομοθέτην νομοθετεῖν ἐξεῖναί σφισιν, ἐὰν βούλωνται, τὸν ὑὸν ὑπὸ κήρυκος ἐναντίον ἁπάντων ἀπειπεῖν ὑὸν κατὰ νόμον μηκέτʼ εἶναι, ὑεῖς τʼ αὖ σφίσι πατέρας ὑπὸ νόσων ἢ γήρως διατιθεμένους αἰσχρῶς ἐξεῖναι παρανοίας γράφεσθαι· ταῦτα δὲ ὄντως ἐν παγκάκων ἤθεσιν ἀνθρώπων γίγνεσθαι φιλεῖ, ἐπεὶ ἡμίσεών γε ὄντων τῶν κακῶν, οἷον μὴ κακοῦ μὲν πατρός, ὑέος δέ, ἢ τοὐναντίον, οὐ γίγνονται συμφοραὶ τηλικαύτης ἔχθρας ἔκγονοι.
Differences between fathers and their own children occur, and of children towards their parents, greater than is proper, in which the fathers would think the lawmaker ought to legislate that it is permitted for them, if they wish, through a herald in the presence of all, to renounce their son, so that he is no longer a son according to law; and for sons in turn, that it be permitted to prosecute their fathers for madness when they behave shamefully under the influence of diseases or old age; but these things in truth are accustomed to happen among the characters of the worst men, since when the evils are only half, as when the father is not bad but the son is, or vice versa, misfortunes born of such great enmity do not occur.