Laws eBook

This eBook from the Gutenberg Project consists of approximately 837 pages of information about Laws.

Laws eBook

This eBook from the Gutenberg Project consists of approximately 837 pages of information about Laws.
let him also make purification; and let him remember the ancient tradition which says that the murdered man is indignant when he sees the murderer walk about in his own accustomed haunts, and that he terrifies him with the remembrance of his crime.  And therefore the homicide should keep away from his native land for a year, or, if he have slain a stranger, let him avoid the land of the stranger for a like period.  If he complies with this condition, the nearest kinsman of the deceased shall take pity upon him and be reconciled to him; but if he refuses to remain in exile, or visits the temples unpurified, then let the kinsman proceed against him, and demand a double penalty.  The kinsman who neglects this duty shall himself incur the curse, and any one who likes may proceed against him, and compel him to leave his country for five years.  If a stranger involuntarily kill a stranger, any one may proceed against him in the same manner:  and the homicide, if he be a metic, shall be banished for a year; but if he be an entire stranger, whether he have murdered metic, citizen, or stranger, he shall be banished for ever; and if he return, he shall be punished with death, and his property shall go to the next of kin of the murdered man.  If he come back by sea against his will, he shall remain on the seashore, wetting his feet in the water while he waits for a vessel to sail; or if he be brought back by land, the magistrates shall send him unharmed beyond the border.

Next follows murder done from anger, which is of two kinds—­either arising out of a sudden impulse, and attended with remorse; or committed with premeditation, and unattended with remorse.  The cause of both is anger, and both are intermediate between voluntary and involuntary.  The one which is committed from sudden impulse, though not wholly involuntary, bears the image of the involuntary, and is therefore the more excusable of the two, and should receive a gentler punishment.  The act of him who nurses his wrath is more voluntary, and therefore more culpable.  The degree of culpability depends on the presence or absence of intention, to which the degree of punishment should correspond.  For the first kind of murder, that which is done on a momentary impulse, let two years’ exile be the penalty; for the second, that which is accompanied with malice prepense, three.  When the time of any one’s exile has expired, the guardians shall send twelve judges to the borders of the land, who shall have authority to decide whether he may return or not.  He who after returning repeats the offence, shall be exiled and return no more, and, if he return, shall be put to death, like the stranger in a similar case.  He who in a fit of anger kills his own slave, shall purify himself; and he who kills another man’s slave, shall pay to his master double the value.  Any one may proceed against the offender if he appear in public places, not having been purified; and may bring to trial both the next

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Laws from Project Gutenberg. Public domain.