33
What then are the rights of the case and how do I define them? If my opponent declares that part of Hagnias's estate belongs to the child by right of kinship, let him bring an action before the archon claiming the half, and, if you decide in his favor, let him take it; for thus the laws ordain. But if he does not claim on these grounds but alleges that I agreed to give the child a share—though I declare that there is not a word of truth in his allegation—let him bring an action, and, if he can prove that I made such an agreement, let him secure the execution of it; for that is only right.
34
But if he declares that the child cannot either claim a share from me at law or sue me for breach of contract,An action claiming property was described as πρός τινα, an action for breach of contract as κατά τινος. let him name the law which prohibits this, and, if he can indicate it, let the child in these circumstances, too, receive the share of the estate. If, again, he contends that there is no need to have the half-share adjudicated or to go to law with me at all, but that this share already belongs to the child, let him make an application to the archon for its inclusion in the lease of the orphan's estate and let the lessee exact from me this portion as belonging to the child.
35
Such are the essential rights of the case, and such the provisions of the laws, which do not, thank heaven, oblige me to submit to criminal trials in matters about which they have instituted private suits nor to run any personal risk because I refuse to share with the child this estate, which I received by your verdict when I won my case against those who were in possession. If I were holding any property which admittedly belonged to the child and had maladministered it to his detriment, then he would be justified in bringing this criminal charge against me, but not, by heaven, when it is a question of my own property.
