One of the Sons of Aristaechmus Against Nausimachus and Xenopeithes (1-5)

Inasmuch as the laws, men of the jury, have granted that a special plea may be entered in cases where a man, after giving a release and discharge,[*] nevertheless brings suit, and as both of these have been given to our father by Nausimachus and Xenopeithes who have commenced suit against us, we have pleaded, as you have just now heard, that their suit is not admissible.

I shall make of you all a just and reasonable request: first, that you listen to my words with goodwill, and, secondly, that if you think that I am being wronged and made defendant in a suit which has no valid basis, you render me the succor which is my due. The damages claimed in the action are, as you have heard, thirty minae; but the sum for which we are really being sued is four talents. For there are two of them, and they have entered four suits against us, all for a like amount, each for three thousand drachmae damages;[*] and now on a complaint for thirty minae we are brought to trial for so large a sum.

The malicious actions of these men, and the guile with which they have proceeded against us, you will come to know from the facts themselves. But first the clerk shall read to you the depositions which show that they released our father from the charges which they made on the matter of his guardianship; for it is on this ground that we entered our plea that the action is not maintainable.

Please read these depositions.

The Depositions

That they entered suit, men of the jury, regarding the guardianship; that they dropped those actions; and that they have in their possession the sums of money agreed upon, you hear from the witnesses. That the laws do not allow suit to be entered afresh regarding matters which have been thus settled, I presume you know, even if I say nothing about the matter; nevertheless I want to read you the law itself.

Read the law.

The Law

You hear the law, men of the jury, expressly stating the several cases in which there shall be no actions. One of them (and it is as binding as any of the others) is that suit may not be brought in matters for which anyone has given a release and discharge. Yet, although the release was thus given in the presence of numerous witnesses, and although the law manifestly absolves us, these men have come to such a pitch of shamelessness and audacity,