第97章 BOOK IX(6)

Having begun to speak of homicide,let us endeavour to lay down laws concerning every different kind of homicides,and,first of all,concerning violent and involuntary homicides.If any one in an athletic contest,and at the public games,involuntarily kills a friend,and he dies either at the time or afterwards of the blows which he has received;or if the like misfortune happens to any one in war,or military exercises,or mimic contests.of which the magistrates enjoin the practice,whether with or without arms,when he has been purified according to the law brought from Delphi relating to these matters,he shall be innocent.And so in the case of physicians:

if their patient dies against their will,they shall be held guiltless by the law.And if one slay another with his own hand,but unintentionally,whether he be unarmed or have some instrument or dart in his hand;or if he kill him by administering food or drink or by the application of fire or cold,or by suffocating him,whether he do the deed by his own hand,or by the agency of others,he shall be deemed the agent,and shall suffer one of the following penalties:-If he kill the slave of another in the belief that he is his own,he shall bear the master of the dead man harmless from loss,or shall pay a penalty of twice the value of the dead man,which the judges shall assess;but purifications must be used greater and more numerous than for those who committed homicide at the games;-what they are to be,the interpreters whom the God appoints shall be authorized to declare.And if a man kills his own slave,when he has been purified according to laws he shall be quit of the homicide.

And if a man kills a freeman unintentionally,he shall undergo the same purification as he did who killed the slave.But let him not forget also a tale of olden time,which is to this effect:-He who has suffered a violent end,when newly dead,if he has had the soul of a freeman in life,is angry with the author of his death;and being himself full of fear and panic by reason of his violent end,when he sees his murderer walking about in his own accustomed haunts,he is stricken with terror and becomes disordered,and this disorder of his,aided by the guilty recollection of is communicated by him with overwhelming force to the murderer and his deeds.Wherefore also the murderer must go out of the way of his victim for the entire period of a year,and not himself be found in any spot which was familiar to him throughout the country.And if the dead man be a stranger,the homicide shall be kept from the country of the stranger during a like period.If any one voluntarily obeys this law,the next of kin to the deceased,seeing all that has happened,shall take pity on him,and make peace with him,and show him all gentleness.But if any one is disobedient,either ventures to go to any of the temples and sacrifice unpurified,or will not continue in exile during the appointed time,the next of kin to the deceased shall proceed against him for murder;and if he be convicted,every part of his punishment shall be doubled.

And if the next of kin do not proceed against the perpetrator of the crime,then the pollution shall be deemed to fall upon his own head;-the murdered man will fix the guilt upon his kinsman,and he who has a mind to proceed against him may compel him to be absent from his country during five years,according to law.If a stranger unintentionally kill a stranger who is dwelling in the city,he who likes shall prosecute the cause according to the same rules.If he be a metic,let him be absent for a year,or if he be an entire stranger,in addition to the purification,whether he have slain a stranger,or a metic,or a citizen,he shall be banished for life from the country which is in possession of our laws.And if he return contrary to law,let the guardians of the law punish him with death;and let them hand over his property,if he have any,to him who is next of kin to the sufferer.And if he be wrecked,and driven on the coast against his will,he shall take up his abode on the seashore,wetting his feet in the sea,and watching for an opportunity of sailing;but if he be brought by land,and is not his own master,let the magistrate whom he first comes across in the city,release him and send him unharmed over the border.