Scaife ATLAS

CTS Library / The Disinherited

The Disinherited (10-14)

urn:cts:greekLit:tlg0062.tlg052.perseus-eng4:10-14
Refs {'start': {'reference': '10', 'human_reference': 'Section 10'}, 'end': {'reference': '14', 'human_reference': 'Section 14'}}
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But when a man has taken his son back, not upon compulsion, but of his own motion and after inquiry, how can further chopping and changing be justified? What further occasion for the law? Its author might fairly say to you, sir: I} your son was vicious and deserved to be disinherited, what were you about

v.2.p.189
to recall him? Why have him home again? Why suspend the laws operation? You were a free agent; you need not have done it. The laws are not your play-ground; you are not to put the courts in motion every time your mood varies; the laws are not to be suspended to-day and enforced to-morrow, with juries to look on at the proceedings, or rather to be the ministers of your whims, executioners or peace-makers according to your taste and fancy. The boy cost you one begetting, and one rearing; in return for which you may disinherit him, once, always provided you have reason to show for it. Disinheriting as a regular habit, a promiscuous pastime, is not included in the patria potestas.

Gentlemen of the jury, I entreat you in Heavens name not to permit him, after voluntarily reinstating me, reversing the previous decision, and renouncing his anger, to revive the old sentence and have recourse to the same paternal rights; the period of their validity is past and gone; his own act suffices to annul and exhaust their power. You know the general rule of the courts, that a party dissatisfied with the verdict of a ballotprovided jury is allowed an appeal to another court; but that is not so when the parties have agreed upon arbitrators, and, after such selection, put the matter in their hands. They had the choice, there, of not recognizing the court ab initio; if they nevertheless did so, they may fairly be expected to abide by its award, Similarly you, sir, had the choice of never taking back your son, if you thought him unworthy; having decided that he was worthy, and taken him back, you cannot be permitted to disinherit him anew; the evidence of his not deserving it is your own admission of his worth, It is only right that the reinstatement and reconciliation should be definitive, after such abundant investigation; there have been two trials, observe: the first, that in which you rejected me; the second, that in your own conscience, which reversed the decision of the other; the fact of reversal only adds force to

v.2.p.190
tthe later result. Abide, then, by your second thouglits, and uphold your own verdict. You are to be my father; such was your determination, approved and ratified.

Suppose I were not your begotten, but only your adopted son, I hold that you could not then have disinherited me; for what it is originally open to us not to do, we have no right, having done, to undo, But where there is both the natural tie, and that of deliberate choice, how can a second rejection, a repeated deprivation of the one relationship, be justified? Or again, suppose I had been a slave, and you had seen reason to put me in irons, and afterwards, convinced of my innocence, made me a free man; could you, upon an angry impulse, have enslaved me again? Assuredly not; the law makes these acts binding and irrevocable. Upon this contention, that the voluntary annulment of a disinheritance precludes a repetition of the act, I could enlarge further, but will not labour the point.

You have next to consider the character of the man now to be disinherited. I lay no stress upon the fact that I was then nothing, and am now a physician; my art will not help me here. As little do I insist that I was then young, and am now middle-aged, with my years as a guarantee against misconduct; perhaps there is not much in that either. But, gentlemen, at the time of my previous expulsion, if I had never done my father any harm (as I should maintain), neither had I done him any good; whereas now I have recently been his preserver and benefactor; could there be worse ingratitude than so, and so soon, to requite me for saving him from that terrible fate? My care of him goes for nothing; it is lightly forgotten, and I am driven forth desolateI, whose wrongs might have excused my rejoicing at his troubles, but who, so far from bearing malice, saved him and restored him to his senses.

For, gentlemen, it is no ordinary slight kindness that he is choosing this way of repaying. You all know (though he may

v.2.p.191
not realize) what he was capable of doing, what he had to endure, what his state was, in fact, during those bad days. The doctors had given him up, his relations had cleared away and dared not come near him; but I undertook his case and restored him to the power ofaccusing me and going to law. Let me help your imagination, sir. You were very nearly in the state in which your wife now is, when I gave you back your understanding. It is surely not right that my reward for that should be thisthat your understanding should be used against me alone. That it is no trifling kindness I have done you is apparent from the very nature of your accusation. The ground of your hatred is that she whom I do not cure is in extremities, is terribly afflicted; then, seeing that I relieved you of just such an affliction, there is surely better reason for you to love and be grateful to me for your own release from such horrors. But you are unconscionable enough to make the first employment of your restored faculties an indictment of me; you smite your healer, the ancient hate revives, and we have you reciting the same old law again. My arts handsome fee, the worthy payment for my drugs, isyour present manifestation of vigour!

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