书城法律法律篇
6266900000101

第101章 BOOK IX(13)

But if a stranger or metic smite one who is older by twenty years ormore, the same law shall hold about the bystanders assisting, and hewho is found guilty in such a suit, if he be a stranger but notresident, shall be imprisoned during a period of two years; and ametic who disobeys the laws shall be imprisoned for three years,unless the court assign him a longer term. And let him who was presentin any of these cases and did not assist according to law be punished,if he be of the highest dass, by paying a fine of a mina; or if hebe of the second class, of fifty drachmas; or if of the third class,by a fine of thirty drachmas; or if he be of the fourth class, by afine of twenty drachmas; and the generals and taxiarchs andphylarchs and hipparchs shall form the court in such cases.

Laws are partly framed for the sake of good men, in order toinstruct them how they thay live on friendly terms with one another,and partly for the sake of those who refuse to be instructed, whosespirit cannot be subdued, or softened, or hindered from plunginginto evil. These are the persons who cause the word to be spoken whichI am about to utter; for them the legislator legislates ofnecessity, and in the hope that there may be no need of his laws. Hewho shall dare to lay violent hands upon his father or mother, orany still older relative, having no fear either of the wrath of theGods above, or of the punishments that are spoken of in the worldbelow, but transgresses in contempt of ancient and universaltraditions as though he were too wise to believe in them, requiressome extreme measure of prevention. Now death is not the worst thatcan happen to men; far worse are the punishments which are said topursue them in the world below. But although they are most true tales,they work on such souls no prevention; for if they had any effectthere would be no slayers of mothers, or impious hands lifted upagainst parents; and therefore the punishments of this world which areinflicted during life ought not in such cases to fall short, ifpossible, of the terrors of the world below. Let our enactment then beas follows:-If a man dare to strike his father or his mother, or theirfathers or mothers, he being at the time of sound mind, then let anyone who is at hand come to the rescue as has been already said, andthe metic or stranger who comes to the rescue shall be called to thefirst place in the games; but if he do not come he shall suffer thepunishment of perpetual exile. He who is not a metic, if he comes tothe rescue, shall have praise, and if he do not come, blame. And ifa slave come to the rescue, let him be made free, but if he do notcome the rescue, let him receive 100 strokes of the whip, by orderof the wardens of the agora, if the occurrence take place in theagora; or if somewhere in the city beyond the limits of the agora, anywarden of the city is in residence shall punish him; or if in thecountry, then the commanders of the wardens of the country. If thosewho are near at the time be inhabitants of the same place, whetherthey be youths, or men, or women, let them come to the rescue anddenounce him as the impious one; and he who does not come to therescue shall fall under the curse of Zeus, the God of kindred and ofancestors, according to law. And if any one is found guilty ofassaulting a parent, let him in the first place be for ever banishedfrom the city into the country, and let him abstain from thetemples; and if he do not abstain, the wardens of the country shallpunish him with blows, or in any way which they please, and if hereturn he shall be put to death. And if any freeman eat or drink, orhave any other sort of intercourse with him, or only meeting himhave voluntarily touched him, he shall not enter into any temple,nor into the agora, nor into the city, until he is purified; for heshould consider that he has become tainted by a curse. And if hedisobeys the law, and pollutes the city and the temples contrary tolaw, and one of the magistrates sees him and does not indict him, whenhe gives in his account this omission shall be a most serious charge.

If a slave strike a freeman, whether a stranger or a citizen, letany one who is present come to the rescue, or pay the penaltyalready mentioned; and let the bystanders bind him, and deliver him upto the injured person, and he receiving him shall put him in chains,and inflict on him as many stripes as he pleases; but havingpunished him he must surrender him to his master according to law, andnot deprive him of his property. Let the law be as follows:-Theslave who strikes a freeman, not at the command of the magistrates,his owner shall receive bound from the man whom he has stricken, andnot release him until the slave has persuaded the man whom he hasstricken that he ought to be released. And let there be the samelaws about women in relation to women, about men and women in relationto one another.