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.
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;

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Laws from Project Gutenberg. Public domain.