Next to all the matters which have preceded in the natural orderof legislation will come suits of law. Of suits those which relateto agriculture have been already described, but the more importanthave not been described. Having mentioned them severally under theirusual names, we will proceed to say what punishments are to beinflicted for each offence, and who are to be the judges of them.
Cleinias. Very good.
Athenian Stranger. There is a sense of disgrace in legislating, aswe are about to do, for all the details of crime in a state which,as we say, is to be well regulated and will be perfectly adapted tothe practice of virtue. To assume that in such a state there willarise some one who will be guilty of crimes as heinous as any whichare ever perpetrated in other states, and that we must legislate forhim by anticipation, and threaten and make laws against him if heshould arise, in order to deter him, and punish his acts, under theidea that he will arise-this, as I was saying, is in a mannerdisgraceful. Yet seeing that we are not like the ancientlegislators, who gave laws to heroes and sons of gods, being,according to the popular belief, themselves the offspring of the gods,and legislating for others, who were also the children of divineparents, but that we are only men who are legislating for the sonsof men, there is no uncharitableness in apprehending that some oneof our citizens may be like a seed which has touched the ox"s horn,having a heart so hard that it cannot be softened any more thanthose seeds can be softened by fire. Among our citizens there may bethose who cannot be subdued by all the strength of the laws; and fortheir sake, though an ungracious task, I will proclaim my first lawabout the robbing of temples, in case any one should dare to commitsuch a crime. I do not expect or imagine that any well-brought-upcitizen will ever take the infection, but their servants, andstrangers, and strangers" servants may be guilty of many impieties.
And with a view to them especially, and yet not without a providenteye to the weakness of human nature generally, I will proclaim the lawabout robbers of temples and similar incurable, or almost incurable,criminals. Having already agreed that such enactments ought alwaysto have a short prelude, we may speak to the criminal, whom sometormenting desire by night and by day tempts to go and rob a temple,the fewest possible words of admonition and exhortation:-O sir, wewill say to him, the impulse which moves you to rob temples is notan ordinary human malady, nor yet a visitation of heaven, but amadness which is begotten in a man from ancient and unexpiatedcrimes of his race, an ever-recurring curse;-against this you mustguard with all your might, and how you are to guard we will explain toyou. When any such thought comes into your mind, go and performexpiations, go as a suppliant to the temples of the Gods who avertevils, go to the society of those who are called good men among you;hear them tell and yourself try to repeat after them, that every manshould honour the noble and the just. Fly from the company of thewicked-fly and turn not back; and if your disorder is lightened bythese remedies, well and good, but if not, then acknowledge death tobe nobler than life, and depart hence.
Such are the preludes which we sing to all who have thoughts ofunholy and treasonable actions, and to him who hearkens to them thelaw has nothing to say. But to him who is disobedient when the preludeis over, cry with a loud voice,-He who is taken in the act ofrobbing temples, if he be a slave or stranger, shall have his evildeed engraven on his face and hands, and shall be beaten with asmany stripes as may seem good to the judges, and be cast nakedbeyond the borders of the land. And if he suffers this punishment hewill probably return to his right mind and be improved; for no penaltywhich the law inflicts is designed for evil, but always makes himwho suffers either better or not so much worse as he would havebeen. But if any citizen be found guilty of any great or unmentionablewrong, either in relation to the gods, or his parents, or the state,let the judge deem him to be incurable, remembering that afterreceiving such an excellent education and training from youthupward, he has not abstained from the greatest of crimes. Hispunishment shall be death, which to him will be the least of evils;and his example will benefit others, if he perish ingloriously, and becast beyond the borders of the land. But let his children andfamily, if they avoid the ways of their father, have glory, and lethonourable mention be made of them, as having nobly and manfullyescaped out of evil into good. None of them should have their goodsconfiscated to the state, for the lots of the citizens ought always tocontinue the same and equal.
Touching the exaction of penalties, when a man appears to havedone anything which deserves a fine, he shall pay the fine, if he haveanything in excess of the lot which is assigned to him; but morethan that he shall not pay. And to secure exactness, let the guardiansof the law refer to the registers, and inform the judges of theprecise truth, in order that none of the lots may go uncultivatedfor want of money. But if any one seems to deserve a greaterpenalty, let him undergo a long and public imprisonment and bedishonoured, unless some of his friends are willing to be surety forhim, and liberate him by assisting him to pay the fine. No criminalshall go unpunished, not even for a single offence, nor if he havefled the country; but let the penalty be according to hisdeserts-death, or bonds, or blows, or degrading places of sitting orstanding, or removal to some temple on the borders of the land; or lethim pay fines, as we said before. In cases of death, let the judges bethe guardians of the law, and a court selected by merit from thelast year"s magistrates. But how the causes are to be brought intoto court, how the summonses are to be served, the like, these thingsmay be left to the younger generation of legislators to determine; themanner of voting we must determine ourselves.
