Against Nausimachus and Xenopeithes

However, to prove that I am speaking the truth,—that our father died immediately after the settlement, that these men never brought suit against Demaretus for this money, and that he absolutely never went to sea, nor visited Bosporus, take the depositions.

The Depositions

Well then, that our father did not collect the money after the release; that no one would voluntarily have paid the money, if Demaretus had sent someone to get it; and that he himself neither put out to sea nor visited Bosporus, has been made clear to you from the dates and the depositions. I wish, then, to show you that their whole statement too of the case is absolute falsehood. They have written in the complaint which they are now prosecuting, that we owe the money, inasmuch as our father received it in payment, and passed it over to them as a debt due and payable in his account of his guardianship.

Take, and read me, please, the complaint itself.

The Complaint

You hear it stated in the complaint, inasmuch as Aristaechmus passed the debt over to me in his account of his guardianship. But, when they brought suit against my father in the matter of his guardianship, they wrote the very opposite of this; for they plainly charged him with not rendering an account.

Read, please, the complaint itself, which they then brought against my father.

The Complaint

In what account, pray, Xenopeithes and Nausimachus, do you now charge that he passed the debt over to you? For at one time you brought suit and demanded money on the ground that he rendered no account. But if it is to be permitted you to bring your malicious charge on both grounds, and at one time you collected money because he did not hand something over to you, and at another are suing him on the ground that he did hand it over, there is nothing to prevent your looking for some third ground after this, so as to commence proceedings afresh. But that is not what the laws state: they declare that suit may be brought once only against the same person for the same acts.

Now, 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.

The Law

You 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.

But 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.

For 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.