Laws


Page 43 of 162



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 hope that there may be no need of them; also to control the bad, whose hardness of heart will not be hindered from crime. The uttermost penalty will fall upon those who lay violent hands upon a parent, having no fear of the Gods above, or of the punishments which will pursue them in the world below. They are too wise in their own conceits to believe in such things: wherefore the tortures which await them in another life must be anticipated in this. Let the law be as follows:—

If a man, being in his right mind, dare to smite his father and mother, or his grandfather and grandmother, let the passer-by come to the rescue; and if he be a metic or stranger who comes to the rescue, he shall have the first place at the games; or if he do not come to the rescue, he shall be a perpetual exile. Let the citizen in the like case be praised or blamed, and the slave receive freedom or a hundred stripes. The wardens of the agora, the city, or the country, as the case may be, shall see to the execution of the law. And he who is an inhabitant of the same place and is present shall come to the rescue, or he shall fall under a curse.

If a man be convicted of assaulting his parents, let him be banished for ever from the city into the country, and let him abstain from all sacred rites; and if he do not abstain, let him be punished by the wardens of the country; and if he return to the city, let him be put to death. If any freeman consort with him, let him be purified before he returns to the city. If a slave strike a freeman, whether citizen or stranger, let the bystander be obliged to seize and deliver him into the hands of the injured person, who may inflict upon him as many blows as he pleases, and shall then return him to his master. The law will be as follows:—The slave who strikes a freeman shall be bound by his master, and not set at liberty without the consent of the person whom he has injured. All these laws apply to women as well as to men.

BOOK X. The greatest wrongs arise out of youthful insolence, and the greatest of all are committed against public temples; they are in the second degree great when private rites and sepulchres are insulted; in the third degree, when committed against parents; in the fourth degree, when they are done against the authority or property of the rulers; in the fifth degree, when the rights of individuals are violated. Most of these offences have been already considered; but there remains the question of admonition and punishment of offences against the Gods. Let the admonition be in the following terms:—No man who ever intentionally did or said anything impious, had a true belief in the existence of the Gods; but either he thought that there were no Gods, or that they did not care about men, or that they were easily appeased by sacrifices and prayers. 'What shall we say or do to such persons?' My good sir, let us first hear the jests which they in their superiority will make upon us. 'What will they say?' Probably something of this kind:—'Strangers you are right in thinking that some of us do not believe in the existence of the Gods; while others assert that they do not care for us, and others that they are propitiated by prayers and offerings. But we want you to argue with us before you threaten; you should prove to us by reasonable evidence that there are Gods, and that they are too good to be bribed. Poets, priests, prophets, rhetoricians, even the best of them, speak to us of atoning for evil, and not of avoiding it. From legislators who profess to be gentle we ask for instruction, which may, at least, have the persuasive power of truth, if no other.' What have you to say? 'Well, there is no difficulty in proving the being of the Gods. The sun, and earth, and stars, moving in their courses, the recurring seasons, furnish proofs of their existence; and there is the general opinion of mankind.' I fear that the unbelievers—not that I care for their opinion—will despise us. You are not aware that their impiety proceeds, not from sensuality, but from ignorance taking the garb of wisdom. 'What do you mean?' At Athens there are tales current both in prose and verse of a kind which are not tolerated in a well-regulated state like yours. The oldest of them relate the origin of the world, and the birth and life of the Gods. These narratives have a bad influence on family relations; but as they are old we will let them pass, and consider another kind of tales, invented by the wisdom of a younger generation, who, if any one argues for the existence of the Gods and claims that the stars have a divine being, insist that these are mere earth and stones, which can have no care of human things, and that all theology is a cooking up of words. Now what course ought we to take? Shall we suppose some impious man to charge us with assuming the existence of the Gods, and make a defence? Or shall we leave the preamble and go on to the laws? 'There is no hurry, and we have often said that the shorter and worse method should not be preferred to the longer and better. The proof that there are Gods who are good, and the friends of justice, is the best preamble of all our laws.' Come, let us talk with the impious, who have been brought up from their infancy in the belief of religion, and have heard their own fathers and mothers praying for them and talking with the Gods as if they were absolutely convinced of their existence; who have seen mankind prostrate in prayer at the rising and setting of the sun and moon and at every turn of fortune, and have dared to despise and disbelieve all this. Can we keep our temper with them, when they compel us to argue on such a theme? We must; or like them we shall go mad, though with more reason. Let us select one of them and address him as follows:



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