58
Well then, supposeThe following passage is repeated almost verbatim in the next oration, Dem. 38.21-22. one should grant that Pantaenetus has suffered the greatest possible wrongs, and that everything which he 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 that they have yielded to persuasion and given a release is appointed for the parties wronged as a limit and settlement of the dispute.
59
And this just principle is so binding among all men, that if anyone having convicted another of involuntary homicide, and clearly shown him to be polluted,Homicide, even if accidental, entailed pollution, which required expiation. subsequently takes pity on him and releases him, he has no longer the right to have the same person driven into exile. Again, if the victim himself before his death releases the murderer from bloodguiltiness, it is not lawful for any of the remaining kinsmen to prosecute; but those whom the laws sentence to banishment and exile and death, upon conviction, if they are once released, are by that word freed from all evil consequences.
60
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 you should now in our day do away with a just practice, established from the beginning of time.
