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 a 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;wherever a city is well ordered and prosperous,their descendants cherish them,and so live happily;old persons are quick to see and hear all that relates to them,and are propitious to those who are just in the fulfilment of such duties,and they punish those who wrong the orphan and the desolate,considering that they are the greatest and most sacred of trusts.To all which matters the guardian and magistrate ought to apply his mind,if he has any,and take heed of the nurture and education of the orphans,seeking in every possible way to do them good,for he is making a contribution to his own good and that of his children.He who obeys the tale which precedes the law,and does no wrong to an orphan,will never experience the wrath of the legislator.But he who is disobedient,and wrongs any one who is bereft of father or mother,shall pay twice the penalty which he would have paid if he had wronged one whose parents had been alive.As touching other legislation concerning guardians in their relation to orphans,or concerning magistrates and their superintendence of the guardians,if they did not possess examples of the manner in which children of freemen should be brought up in the bringing up of their own children,and of the care of their property in the care of their own,or if they had not just laws fairly stated about these very things-there would have been reason in making laws for them,under the idea that they were a peculiar-class,and we might distinguish and make separate rules for the life of those who are orphans and of those who are not orphans.
But as the case stands,the condition of orphans with us not different from the case of those who have father,though in regard to honour and dishonour,and the attention given to them,the two are not usually placed upon a level.Wherefore,touching the legislation about orphans,the law speaks in serious accents,both of persuasion and threatening,and such a threat as the following will be by no means out of place:-He who is the guardian of an orphan of either sex,and he among the guardians of the law to whom the superintendence of this guardian has been assigned,shall love the unfortunate orphan as though he were his own child,and he shall be as careful and diligent in the management of his possessions as he would be if they were his own,or even more careful and dilligent.Let every one who has the care of an orphan observe this law.But any one who acts contrary to the law on these matters,if he be a guardian of the child,may be fined by a magistrate,or,if he be himself a magistrate,the guardian may bring him before the court of select judges,and punish him,if convicted,by exacting a fine of double the amount of that inflicted by the court.And if a guardian appears to the relations of the orphan,or to any other citizen,to act negligently or dishonestly,let them bring him before the same court,and whatever damages are given against him,let him pay fourfold,and let half belong to the orphan and half to him who procured the conviction.If any orphan arrives at years of discretion,and thinks that he has been ill-used by his guardians,let him within five years of the expiration of the guardianship be allowed to bring them to trial;and if any of them be convicted,the court shall determine what he shall pay or suffer.And if magistrate shall appear to have wronged the orphan by neglect,and he be convicted,let the court determine what he shall suffer or pay to the orphan,and if there be dishonesty in addition to neglect,besides paying the fine,let him be deposed from his office of guardian of the law,and let the state appoint another guardian of the law for the city and for the country in his room.
