Book 9
878
Ath. Therefore, whenever any house is at once unhappy and unholy, in that the owner thereof leaves no children, but—being either unmarried or, though married, childless—dies, after having been convicted of willful murder or of some other offence against gods or citizens for which death is the penalty expressly laid down in the law; or else if any man who is without male issue be exiled for life;—then they shall be in duty bound, in the first place, to make purifications and expiations for this house, and, in the next place, the relatives, as we said just now, must meet together and in consultation with the Law-wardens consider what family there is in the State which is pre-eminent for goodness, and prosperous withal, and containing several children. Then from the family selected they shall adopt one child on behalf of the dead man’s father and ancestors to be a son of theirs, and they shall name him after one of them, for the sake of the omen—with a prayer that in this wise he may prove to them a begetter of offspring, a hearth-master and a minister in holy and sacred things, and be blest with happier fortune than his (official) father; him they shall thus establish legally as lot-holder, and the offender they shall suffer to be nameless and childless and portionless, whenever such calamities overtake him. It is not the fact, as it would seem, that in the case of all objects boundary is contiguous with boundary; but where there is a neutral strip, which lies between the two boundaries, impinging on each, it will be midway between both. And that is precisely the description we gavePlat. Laws 867a. of the passionate action as one which lies midway between involuntary and voluntary actions. So let the law stand thus respecting wounding committed in anger:—If a person be convicted, in the first place he shall pay double the damage, in case the wound prove to be curable, but four times the damage in case of incurable wounds. And if the wound be curable, but cause great shame and disgrace to the wounded party, the culprit shall pay three times the damage. And if ever a person, in wounding anyone, do damage to the State as well as to the victim, by rendering him incapable of helping his country against its enemies, such a person, in addition to the rest of the damages, shall pay also for the damage done to the State: in addition to his own military service, he shall do service also as a substitute for the incapacitated man, and carry out his military duties in his place, or, if he fails to do so, he shall by law be liable to prosecution for shirking military service, at the hands of anyone who pleases. The due proportion of the damage payable—whether two, three, or four times the actual amount—shall be fixed by the judges who have voted on the case. If a kinsman wound a kinsman in the same way as the person just mentioned, the members of his tribe and kin, both males and females, as far as cousins’ children on both the male and female side, shall meet together and, after coming to a decision, shall hand over the case to the natural parents for assessment of the damage; and if the assessment be disputed, the kindred on the male side shall be authorized to make a binding assessment; and if they prove unable to do so, they shall refer the matter finally to the Law-wardens.
