are to determine whether death, or some lesser
punishment, is to be inflicted upon them--no relatives are to take part
in the trial. If a slave in anger smite a freeman, he is to be delivered
up by his master to the injured person. If the master suspect collusion
between the slave and the injured person, he may bring the matter to
trial: and if he fail he shall pay three times the injury; or if he
obtain a conviction, the contriver of the conspiracy shall be liable to
an action for kidnapping. He who wounds another unintentionally shall
only pay for the actual harm done.
In all outrages and acts of violence, the elder is to be more regarded
than the younger. An injury done by a younger man to an elder is
abominable and hateful; but the younger man who is struck by an elder
is to bear with him patiently, considering that he who is twenty years
older is loco parentis, and remembering the reverence which is due to
the Gods who preside over birth. Let him keep his hands, too, from the
stranger; instead of taking upon himself to chastise him when he is
insolent, he shall bring him before the wardens of the city, who shall
examine into the case, and if they find him guilty, shall scourge him
with as many blows as he has given; or if he be innocent, they shall
warn and threaten his accuser. When an equal strikes an equal, whether
an old man an old man, or a young man a young man, let them use only
their fists and have no weapons. He who being above forty years of age
commences a fight, or retaliates, shall be counted mean and base.
To this preamble, let the law be added: If a man smite another who is
his elder by twenty years or more, let the bystander, in case he be
older than the combatants, part them; or if he be younger than the
person struck, or of the same age with him, let him defend him as he
would a father or brother; and let the striker be brought to trial,
and if convicted imprisoned for a year or more at the discretion of
the judges. If a stranger smite one who is his elder by twenty years or
more, he shall be imprisoned for two years, and a metic, in like case,
shall suffer three years' imprisonment. He who is standing by and gives
no assistance, shall be punished according to his class in one of four
penalties--a mina, fifty, thirty, twenty drachmas. The generals and
other superior officers of the army shall form the court which tries
this class of offences.
Laws are made to instruct the good, and in the hop
|