speak distinctly, and leave as little as possible
to their discretion. But where the courts are
good, and presided over by well-trained judges, the
penalties to be inflicted may be in a great measure
left to them; and as there are to be good courts among
our colonists, we need not determine beforehand the
exact proportion of the penalty and the crime.
Returning, then, to our legislator, let us indite
a law about wounding, which shall run as follows:—He
who wounds with intent to kill, and fails in his object,
shall be tried as if he had succeeded. But since
God has favoured both him and his victim, instead
of being put to death, he shall be allowed to go into
exile and take his property with him, the damage due
to the sufferer having been previously estimated by
the court, which shall be the same as would have tried
the case if death had ensued. If a child should
intentionally wound a parent, or a servant his master,
or brother or sister wound brother or sister with
malice prepense, the penalty shall be death.
If a husband or wife wound one another with intent
to kill, the penalty which is inflicted upon them
shall be perpetual exile; and if they have young children,
the guardians shall take care of them and administer
their property as if they were orphans. If they
have no children, their kinsmen male and female shall
meet, and after a consultation with the priests and
guardians of the law, shall appoint an heir of the
house; for the house and family belong to the state,
being a 5040th portion of the whole. And the
state is bound to preserve her families happy and holy;
therefore, when the heir of a house has committed a
capital offence, or is in exile for life, the house
is to be purified, and then the kinsmen of the house
and the guardians of the law are to find out a family
which has a good name and in which there are many
sons, and introduce one of them to be the heir and
priest of the house. He shall assume the fathers
and ancestors of the family, while the first son dies
in dishonour and his name is blotted out.
Some actions are intermediate between the voluntary
and involuntary. Those done from anger are of
this class. If a man wound another in anger, let
him pay double the damage, if the injury is curable;
or fourfold, if curable, and at the same time dishonourable;
and fourfold, if incurable; the amount is to be assessed
by the judges. If the wounded person is rendered
incapable of military service, the injurer, besides
the other penalties, shall serve in his stead, or
be liable to a suit for refusing to serve. If
brother wounds brother, then their parents and kindred,
of both sexes, shall meet and judge the crime.
The damages shall be assessed by the parents; and
if the amount fixed by them is disputed, an appeal
shall be made to the male kindred; or in the last resort
to the guardians of the law. Parents who wound
their children are to be tried by judges of at least
sixty years of age, who have children of their own;