laws
respecting testaments, both as to other matters and especially in what
relates to marriage, and asserts that the legislator, if he were alive
and present, would not compel him to obey--that is to say, would
not compel those who are by our law required to marry or be given in
marriage, to do either--and some kinsman or guardian dispute this, the
reply is that the legislator left fifteen of the guardians of the law to
be arbiters and fathers of orphans, male or female, and to them let the
disputants have recourse, and by their aid determine any matters of the
kind, admitting their decision to be final. But if any one thinks that
too great power is thus given to the guardians of the law, let him bring
his adversaries into the court of the select judges, and there have
the points in dispute determined. And he who loses the cause shall have
censure and blame from the legislator, which, by a man of sense, is felt
to be a penalty far heavier than a great loss of money.
Thus will orphan children have a second birth. After their first birth
we spoke of their nurture and education, and after their second birth,
when they have lost their parents, we ought to take measures that the
misfortune of orphanhood may be as little sad to them as possible. In
the first place, we say that the guardians of the law are lawgivers and
fathers to them, not inferior to their natural fathers. Moreover, they
shall take charge of them year by year as of their own kindred; and we
have given both to them and to the children's own guardians as suitable
admonition concerning the nurture of orphans. And we seem to have spoken
opportunely in our former discourse, when we said that the souls of the
dead have the power after death of taking an interest in human affairs,
about which there are many tales and traditions, long indeed, but true;
and seeing that they are so many and so ancient, we must believe them,
and we must also believe the lawgivers, who tell us that these things
are true, if they are not to be regarded as utter fools. But if these
things are really so, in the first place men should have a fear of the
Gods above, who regard the loneliness of the orphans; and in the second
place of the souls of the departed, who by nature incline to take an
especial care of their own children, and are friendly to those who
honour, and unfriendly to those who dishonour them. Men should also fear
the souls of the living who are aged and high in honour; wher
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