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The injuries which one person does to another by the use of poisons are of two kinds;—one affects the body by the employment of drugs and potions; the other works on the mind by the practice of sorcery and magic. Fatal cases of either sort have been already mentioned; and now we must have a law respecting cases which are not fatal. There is no use in arguing with a man whose mind is disturbed by waxen images placed at his own door, or on the sepulchre of his father or mother, or at a spot where three ways meet. But to the wizards themselves we must address a solemn preamble, begging them not to treat the world as if they were children, or compel the legislator to expose them, and to show men that the poisoner who is not a physician and the wizard who is not a prophet or diviner are equally ignorant of what they are doing. Let the law be as follows:—He who by the use of poison does any injury not fatal to a man or his servants, or any injury whether fatal or not to another's cattle or bees, is to be punished with death if he be a physician, and if he be not a physician he is to suffer the punishment awarded by the court: and he who injures another by sorcery, if he be a diviner or prophet, shall be put to death; and, if he be not a diviner, the court shall determine what he ought to pay or suffer.
Any one who injures another by theft or violence shall pay damages at least equal to the injury; and besides the compensation, a suitable punishment shall be inflicted. The foolish youth who is the victim of others is to have a lighter punishment; he whose folly is occasioned by his own jealousy or desire or anger is to suffer more heavily. Punishment is to be inflicted, not for the sake of vengeance, for what is done cannot be undone, but for the sake of prevention and reformation. And there should be a proportion between the punishment and the crime, in which the judge, having a discretion left him, must, by estimating the crime, second the legislator, who, like a painter, furnishes outlines for him to fill up.
A madman is not to go about at large in the city, but is to be taken care of by his relatives. Neglect on their part is to be punished in the first class by a fine of a hundred drachmas, and proportionally in the others. Now madness is of various kinds; in addition to that which arises from disease there is the madness which originates in a passionate temperament, and makes men when engaged in a quarrel use foul and abusive language against each other. This is intolerable in a well-ordered state; and therefore our law shall be as follows:—No one is to speak evil of another, but when men differ in opinion they are to instruct one another without speaking evil. Nor should any one seek to rouse the passions which education has calmed; for he who feeds and nurses his wrath is apt to make ribald jests at his opponent, with a loss of character or dignity to himself. And for this reason no one may use any abusive word in a temple, or at sacrifices, or games, or in any public assembly, and he who offends shall be censured by the proper magistrate; and the magistrate, if he fail to censure him, shall not claim the prize of virtue. In any other place the angry man who indulges in revilings, whether he be the beginner or not, may be chastised by an elder. The reviler is always trying to make his opponent ridiculous; and the use of ridicule in anger we cannot allow. We forbid the comic poet to ridicule our citizens, under a penalty of expulsion from the country or a fine of three minae. Jest in which there is no offence may be allowed; but the question of offence shall be determined by the director of education, who is to be the licenser of theatrical performances.
The righteous man who is in adversity will not be allowed to starve in a well-ordered city; he will never be a beggar. Nor is a man to be pitied, merely because he is hungry, unless he be temperate. Therefore let the law be as follows:—Let there be no beggars in our state; and he who begs shall be expelled by the magistrates both from town and country.
If a slave, male or female, does any harm to the property of another, who is not himself a party to the harm, the master shall compensate the injury or give up the offending slave. But if the master argue that the charge has arisen by collusion, with the view of obtaining the slave, he may put the plaintiff on his trial for malpractices, and recover from him twice the value of the slave; or if he is cast he must make good the damage and deliver up the slave. The injury done by a horse or other animal shall be compensated in like manner.
A witness who will not come of himself may be summoned, and if he fail in appearing, he shall be liable for any harm which may ensue: if he swears that he does not know, he may leave the court. A judge who is called upon as a witness must not vote. A free woman, if she is over forty, may bear witness and plead, and, if she have no husband, she may also bring an action. A slave, male or female, and a child may witness and plead only in case of murder, but they must give sureties that they will appear at the trial, if they should be charged with false witness. Such charges must be made pending the trial, and the accusations shall be sealed by both parties and kept by the magistrates until the trial for perjury comes off. If a man is twice convicted of perjury, he is not to be required, if three times, he is not to be allowed to bear witness, or, if he persists in bearing witness, is to be punished with death. When more than half the evidence is proved to be false there must be a new trial.
The best and noblest things in human life are liable to be defiled and perverted. Is not justice the civilizer of mankind? And yet upon the noble profession of the advocate has come an evil name. For he is said to make the worse appear the better cause, and only requires money in return for his services. Such an art will be forbidden by the legislator, and if existing among us will be requested to depart to another city. To the disobedient let the voice of the law be heard saying:—He who tries to pervert justice in the minds of the judges, or to increase litigation, shall be brought before the supreme court. If he does so from contentiousness, let him be silenced for a time, and, if he offend again, put to death. If he have acted from a love of gain, let him be sent out of the country if he be a foreigner, or if he be a citizen let him be put to death.
BOOK XII. If a false message be taken to or brought from other states, whether friendly or hostile, by ambassadors or heralds, they shall be indicted for having dishonoured their sacred office, and, if convicted, shall suffer a penalty.—Stealing is mean; robbery is shameless. Let no man deceive himself by the supposed example of the Gods, for no God or son of a God ever really practised either force or fraud. On this point the legislator is better informed than all the poets put together. He who listens to him shall be for ever happy, but he who will not listen shall have the following law directed against him:—He who steals much, or he who steals little of the public property is deserving of the same penalty; for they are both impelled by the same evil motive. When the law punishes one man more lightly than another, this is done under the idea, not that he is less guilty, but that he is more curable. Now a thief who is a foreigner or slave may be curable; but the thief who is a citizen, and has had the advantages of education, should be put to death, for he is incurable.