a rich cousin may sometimes desire a grander match, or the requirements of the law can only be fulfilled by marrying a madwoman.  To meet such cases let the following law be enacted:—­If any one comes forward and says that the lawgiver, had he been alive, would not have required the carrying out of the law in a particular case, let him go to the fifteen eldest guardians of the law who have the care of orphans; but if he thinks that too much power is thus given to them, he may bring the case before the court of select judges.

Thus will orphans have a second birth.  In order to make their sad condition as light as possible, the guardians of the law shall be their parents, and shall be admonished to take care of them.  And what admonition can be more appropriate than the assurance which we formerly gave, that the souls of the dead watch over mortal affairs?  About this there are many ancient traditions, which may be taken on trust from the legislator.  Let men fear, in the first place, the Gods above; secondly, the souls of the departed, who naturally care for their own descendants; thirdly, the aged living, who are quick to hear of any neglect of family duties, especially in the case of orphans.  For they are the holiest and most sacred of all deposits, and the peculiar care of guardians and magistrates; and those who try to bring them up well will contribute to their own good and to that of their families.  He who listens to the preamble of the law will never know the severity of the legislator; but he who disobeys, and injures the orphan, will pay twice the penalty he would have paid if the parents had been alive.  More laws might have been made about orphans, did we not suppose that the guardians have children and property of their own which are protected by the laws; and the duty of the guardian in our state is the same as that of a father, though his honour or disgrace is greater.  A legal admonition and threat may, however, be of service:  the guardian of the orphan and the guardian of the law who is over him, shall love the orphan as their own children, and take more care of his or her property than of their own.  If the guardian of the child neglect his duty, the guardian of the law shall fine him; and the guardian may also have the magistrate tried for neglect in the court of select judges, and he shall pay, if convicted, a double penalty.  Further, the guardian of the orphan who is careless or dishonest may be fined on the information of any of the citizens in a fourfold penalty, half to go to the orphan and half to the prosecutor of the suit.  When the orphan is of age, if he thinks that he has been ill-used, his guardian may be brought to trial by him within five years, and the penalty shall be fixed by the court.  Or if the magistrate has neglected the orphan, he shall pay damages to him; but if he have defrauded him, he shall make compensation and also be deposed from his office of guardian of the law.