Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.].
<<Pl. Leg. 870c Pl. Leg. 872c (Greek) >>Pl. Leg. 874c

871dand so they shall bring these prosecutions. And the judges in these cases shall be the same persons who form—as we described note—the final court of trial for robbers of temples. He that is convicted shall be punished by death, and he shall not be buried in the land of the victim, because of the shamelessness as well as impiety of his act. If the culprit flees and refuses to come up for judgment, he shall be exiled with an unending exile; and if any such person sets foot in the country of the murdered man, he of the dead man's relatives or of the citizens that first meets with him 871eshall slay him with impunity, or else bind him and hand him over to those magistrates who have judged the case, to be slain. The prosecutor, in a murder-charge, must at once demand bail from the defendant; and the latter shall provide three substantial securities—as approved by the court of the judges in such cases—, who guarantee to produce him at the trial; and if a man be unwilling or unable to provide these sureties, the court must take, bind and keep him, and produce him at the trial of the case. 872aIf a man does not slay another with his own hand, but plots death for him, and after killing him by design and plotting resides in the State, being responsible for the murder and not innocent or pure of heart in respect of it,—in his case the prosecutions on this charge shall proceed in the same way, except in the matter of bail. And the person convicted shall be allowed to have burial at home; but all else shall be carried out in his case in the same way as in the case last described. And these same regulations shall govern all cases where Strangers are at law with Strangers, or citizens and Strangers at law with each other, 872bor slaves with slaves, in respect both of actual murder and of plotting to murder, except as regards bail; and as to this, just as it has been said that the actual murderers must be secured by guarantors, so these persons too must provide security to the person who proclaims the murder. If a slave willfully slay a free man, either by his own hand or by plotting, and be convicted at the trial, the public executioner of the State shall drag him in the direction of the tomb of the dead man to a spot from which he can see the tomb, and there scourge him with as many stripes 872cas the prosecutor shall prescribe; and if the murderer be still alive after the beating, he shall put him to death. And if a man kill a slave when he is doing no wrong, actuated by fear lest the slave should expose his own foul and evil deeds, or for any other such reason, just as he would have been liable to a charge of murder for slaying a citizen, so likewise he shall be liable in the same way for the death of such a slave. Should cases occur of a kind for which it is a formidable and most unwelcome task to legislate, and yet impossible not to legislate,—such as murders of kinsfolk, either by a man's own hand 872dor by plotting, which are wholly willful and wicked,—crimes that occur for the most part in States with bad organization and nurture, but may occur at times even in a country where one would not expect them,—we must again recite the story we uttered note a moment ago, if haply anyone, on hearing us, may become more strongly disposed in consequence voluntarily to abstain from murders of the most impious kind. The myth or story (or whatever 872eone should call it) has been clearly stated, as derived from ancient priests, to the effect that Justice, the avenger of kindred blood, acting as overseer, employs the law just mentioned, and has ordained that the doer of such a deed must of necessity suffer the same as he has done: if ever a man has slain his father, he must endure to suffer the same violent fate at his own children's hands in days to come; or if he has slain his mother, he must of necessity come to birth sharing in the female nature, and when thus born be removed from life by the hands of his offspring in afterdays; for of the pollution of common blood there is no other purification, nor does the stain of pollution admit of being washed off 873abefore the soul which committed the act pays back murder for murder, like for like, and thus by propitiation lays to rest the wrath of all the kindred. Wherefore, in dread of such vengeances from Heaven a man should refrain himself; if, however, any should be overtaken by a disaster so lamentable that they have the audacity deliberately and of free will to reave soul from body for father, mother, brethren or children, in such cases the ordinance of the law of the mortal lawgiver stands thus:— 873bThe warnings of exclusion from customary places, and the sureties, are the same as those prescribed for former cases; and if any man be convicted of such a murder, and of having slain any of the persons named, the officers of the judges and magistrates shall kill him and cast him out naked at an appointed cross-roads outside the city; and all the magistrates, acting on behalf of the whole State, shall take each a stone and cast it on the head of the corpse, and thus make atonement for the whole State; and after this they shall carry the corpse to the borders of the land and cast it out 873cunburied, according to law. Now he that slays the person who is, as men say, nearest and dearest of all,—what penalty should he suffer? I mean the man that slays himself,—violently robbing himself of his Fate-given share of life, when this is not legally ordered by the State, and when he is not compelled to it by the occurrence of some intolerable and inevitable misfortune, nor by falling into some disgrace that is beyond remedy or endurance,—but merely inflicting upon himself this iniquitous penalty owing to sloth and unmanly cowardice. In this case, the rest of the matters—concerning the rules


Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.].
<<Pl. Leg. 870c Pl. Leg. 872c (Greek) >>Pl. Leg. 874c

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