of violence; and the tradition must not be forgotten,
which tells that the murderer is punished in the world
below, and that when he returns to this world he meets
the fate which he has dealt out to others. If
a man is deterred by the prelude and the fear of future
punishment, he will have no need of the law; but in
case he disobey, let the law be declared against him
as follows:—He who of malice prepense kills
one of his kindred, shall in the first place be outlawed;
neither temple, harbour, nor agora shall be polluted
by his presence. And if a kinsman of the deceased
refuse to proceed against his slayer, he shall take
the curse of pollution upon himself, and also be liable
to be prosecuted by any one who will avenge the dead.
The prosecutor, however, must observe the customary
ceremonial before he proceeds against the offender.
The details of these observances will be best determined
by a conclave of prophets and interpreters and guardians
of the law, and the judges of the cause itself shall
be the same as in cases of sacrilege. He who
is convicted shall be punished with death, and not
be buried within the country of the murdered person.
He who flies from the law shall undergo perpetual
banishment; if he return, he may be put to death with
impunity by any relative of the murdered man or by
any other citizen, or bound and delivered to the magistrates.
He who accuses a man of murder shall demand satisfactory
bail of the accused, and if this is not forthcoming,
the magistrate shall keep him in prison against the
day of trial. If a man commit murder by the hand
of another, he shall be tried in the same way as in
the cases previously supposed, but if the offender
be a citizen, his body after execution shall be buried
within the land.
If a slave kill a freeman, either with his own hand
or by contrivance, let him be led either to the grave
or to a place whence he can see the grave of the murdered
man, and there receive as many stripes at the hand
of the public executioner as the person who took him
pleases; and if he survive he shall be put to death.
If a slave be put out of the way to prevent his informing
of some crime, his death shall be punished like that
of a citizen. If there are any of those horrible
murders of kindred which sometimes occur even in well-regulated
societies, and of which the legislator, however unwilling,
cannot avoid taking cognizance, he will repeat the
old myth of the divine vengeance against the perpetrators
of such atrocities. The myth will say that the
murderer must suffer what he has done: if he
have slain his father, he must be slain by his children;
if his mother, he must become a woman and perish at
the hands of his offspring in another age of the world.
Such a preamble may terrify him; but if, notwithstanding,
in some evil hour he murders father or mother or brethren
or children, the mode of proceeding shall be as follows:—Him
who is convicted, the officers of the judges shall
lead to a spot without the city where three ways meet,