书城公版LAWS
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第105章 BOOK IX(14)

But if a stranger or metic smite one who is older by twenty years or more,the same law shall hold about the bystanders assisting,and he who is found guilty in such a suit,if he be a stranger but not resident,shall be imprisoned during a period of two years;and a metic who disobeys the laws shall be imprisoned for three years,unless the court assign him a longer term.And let him who was present in 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 he be 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 a fine of twenty drachmas;and the generals and taxiarchs and phylarchs and hipparchs shall form the court in such cases.

Laws are partly framed for the sake of good men,in order to instruct them how they thay live on friendly terms with one another,and partly for the sake of those who refuse to be instructed,whose spirit cannot be subdued,or softened,or hindered from plunging into evil.These are the persons who cause the word to be spoken which I am about to utter;for them the legislator legislates of necessity,and in the hope that there may be no need of his laws.He who shall dare to lay violent hands upon his father or mother,or any still older relative,having no fear either of the wrath of the Gods above,or of the punishments that are spoken of in the world below,but transgresses in contempt of ancient and universal traditions as though he were too wise to believe in them,requires some extreme measure of prevention.Now death is not the worst that can happen to men;far worse are the punishments which are said to pursue them in the world below.But although they are most true tales,they work on such souls no prevention;for if they had any effect there would be no slayers of mothers,or impious hands lifted up against parents;and therefore the punishments of this world which are inflicted during life ought not in such cases to fall short,if possible,of the terrors of the world below.Let our enactment then be as follows:-If a man dare to strike his father or his mother,or their fathers or mothers,he being at the time of sound mind,then let any one who is at hand come to the rescue as has been already said,and the metic or stranger who comes to the rescue shall be called to the first place in the games;but if he do not come he shall suffer the punishment of perpetual exile.He who is not a metic,if he comes to the rescue,shall have praise,and if he do not come,blame.And if a slave come to the rescue,let him be made free,but if he do not come the rescue,let him receive 100strokes of the whip,by order of the wardens of the agora,if the occurrence take place in the agora;or if somewhere in the city beyond the limits of the agora,any warden of the city is in residence shall punish him;or if in the country,then the commanders of the wardens of the country.If those who are near at the time be inhabitants of the same place,whether they be youths,or men,or women,let them come to the rescue and denounce him as the impious one;and he who does not come to the rescue shall fall under the curse of Zeus,the God of kindred and of ancestors,according to law.And if any one is found guilty of assaulting a parent,let him in the first place be for ever banished from the city into the country,and let him abstain from the temples;and if he do not abstain,the wardens of the country shall punish him with blows,or in any way which they please,and if he return he shall be put to death.And if any freeman eat or drink,or have any other sort of intercourse with him,or only meeting him have voluntarily touched him,he shall not enter into any temple,nor into the agora,nor into the city,until he is purified;for he should consider that he has become tainted by a curse.And if he disobeys the law,and pollutes the city and the temples contrary to law,and one of the magistrates sees him and does not indict him,when he gives in his account this omission shall be a most serious charge.

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