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§§ 19, 20. The law then forbids a second trial when the case has once been settled. This prohibition holds good especially in claims settled by consent; for to try these over again is not to abide by one's own decision, whereas in a verdict on public matters, or actions brought by others, there may be some ground for alleging misdirection. (For the argument cf. Or. 36 § 25.) ἀκούετε—εἷναι Or. 38 § 5 ἀκούετε, ὦ ἄ. δ., τοῦ νόμου σαφῶς λέγοντος ἕκαστα, ὧν μὴ εἶναι δίκας, ὧν ἕν ἐστιν, ὁμοίως τοῖς ἄλλοις κύριον, περὶ ὧν ἄν τις ἀφῇ καὶ ἀπαλλάξῃ, μὴ δικάζεσθαι. ἄντικρυς For διαρρήδην, ἁπλῶς, in a plain and straightforward way. ἀμφότερα Though a distinction here seems made between ἀφεῖναι and ἀπαλλάξαι, it is probable, as Kennedy remarks, that they are virtually synonyms, and that this formula, which constantly occurs, arose from the surplus verbiage incidental to legal documents. [See, however, note on Or. 36 § 25, referred to supra § 1. S.] τούτῳ πρὸς ἡμᾶς See Or. 34 § 36, supra § 6. ἁπάντων κ.τ.λ. ‘In no cases where the laws have forbidden it, ought people to sue, but especially not in these. Of things done by public authority it may be said, that they have been done unjustly or improperly’; Kennedy;—who seems to have followed Bekker's reading πέπραχεν. Of course πέπρακεν is from πιπράσκω, and means that perhaps the state ‘has sold what did not really belong to it.’
Select Private Orations of Demosthenes, Part I. F. A. Paley, M.A., LL.D., and J. E. Sandys, Litt. D. 1898. Cambridge University Press.
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