Against Nausimachus and Xenopeithes

Moreover, I think I can also prove that you might with good reason refuse to hear a word from them in regard to the guardianship.[*](The following passage is repeated almost verbatim from the preceding oration, Dem. 37.58 ff.) 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.

And 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.

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,[*](If a guardian did not fulfil the duties imposed by his position, any citizen might charge him before the archon with breach of trust.) 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.

But, 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.