their masters and were caught red-handed, were not to be put to
death by the relations of the murdered man, but to be handed over to the
magistrates (Telfy). So in the Laws, the slave who is guilty of wilful
murder has a public execution: but if the murder is committed in anger,
it is punished by the kinsmen of the victim.

(3) Involuntary homicide. (a) The guilty person, according to the
Athenian law, had to go into exile, and might not return, until the
family of the man slain were conciliated. Then he must be purified
(Telfy). If he is caught before he has obtained forgiveness, he may be
put to death. These enactments reappear in the Laws. (b) The curious
provision of Plato, that a stranger who has been banished for
involuntary homicide and is subsequently wrecked upon the coast, must
'take up his abode on the sea-shore, wetting his feet in the sea, and
watching for an opportunity of sailing,' recalls the procedure of
the Judicium Phreatteum at Athens, according to which an involuntary
homicide, who, having gone into exile, is accused of a wilful murder,
was tried at Phreatto for this offence in a boat by magistrates on the
shore. (c) A still more singular law, occurring both in the Athenian
and Magnesian code, enacts that a stone or other inanimate object which
kills a man is to be tried, and cast over the border (Telfy).

(4) Justifiable or excusable homicide. Plato and Athenian law agree in
making homicide justifiable or excusable in the following cases:--(1) at
the games (Telfy); (2) in war (Telfy); (3) if the person slain was found
doing violence to a free woman (Telfy); (4) if a doctor's patient dies;
(5) in the case of a robber (Telfy); (6) in self-defence (Telfy).

(5) Impiety. Death or expulsion was the Athenian penalty for impiety
(Telfy). In the Laws it is punished in various cases by imprisonment for
five years, for life, and by death.

(6) Sacrilege. Robbery of temples at Athens was punished by death,
refusal of burial in the land, and confiscation of property (Telfy).
In the Laws the citizen who is guilty of such a crime is to 'perish
ingloriously and be cast beyond the borders of the land,' but his
property is not confiscated.

(7) Sorcery. The sorcerer at Athens was to be executed (Telfy): compare
Laws, where it is enacted that the physician who poisons and the
professional sorcerer shall be punished with death.

(8) Treason. Both at Athens and in the Laws the penalty for treason was
death (Tel