第100章 BOOK IX(9)

Whoever shall wrongfully and of design slay with his own hand any of his kinsmen,shall in the first place be deprived of legal privileges;and he shall not pollute the temples,or the agora,or the harbours,or any other place of meeting,whether he is forbidden of men or not;for the law,which represents the whole state,forbids him,and always is and will be in the attitude of forbidding him.And if a cousin or nearer relative of the deceased,whether on the male or female side,does not prosecute the homicide when he ought,and have him proclaimed an outlaw,he shall in the first place be involved in the pollution,and incur the hatred of the Gods,even as the curse of the law stirs up the voices of men against him;and in the second place he shall be liable to be prosecuted by any one who is willing to inflict retribution on behalf of the dead.And he who would avenge a murder shall observe all the precautionary ceremonies of lavation,and any others which the God commands in cases of this kind.Let him have proclamation made,and then go forth and compel the perpetrator to suffer the execution of justice according to the law.Now the legislator may easily show that these things must be accomplished by prayers and sacrifices to certain Gods,who are concerned with the prevention of murders in states.But who these Gods are,and what should be the true manner of instituting such trials with due regard to religion,the guardians of the law,aided by the interpreters,and the prophets,and the God,shall determine,and when they have determined let them carry on the prosecution at law.The cause shall have the same judges who are appointed to decide in the case of those who plunder temples.Let him who is convicted be punished with death,and let him not be buried in the country of the murdered man,for this would be shameless as well as impious.But if he fly and will not stand his trial,let him fly for ever;or,if he set foot anywhere on any part of the murdered man's country,let any relation of the deceased,or any other citizen who may first happen to meet with him,kill him with impunity,or bind and deliver him to those among the judges of the case who are magistrates,that they may put him to death.And let the prosecutor demand surety of him whom he prosecutes;three sureties sufficient in the opinion of the magistrates who try the cause shall be provided by him,and they shall undertake to produce him at the trial.But if he be unwilling or unable to provide sureties,then the magistrates shall take him and keep him in bonds,and produce him at the day of trial.