Next to all the matters which have preceded in the natural order of legislation will come suits of law.Of suits those which relate to agriculture have been already described,but the more important have not been described.Having mentioned them severally under their usual names,we will proceed to say what punishments are to be inflicted 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,as we 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 to the practice of virtue.To assume that in such a state there will arise some one who will be guilty of crimes as heinous as any which are ever perpetrated in other states,and that we must legislate for him by anticipation,and threaten and make laws against him if he should arise,in order to deter him,and punish his acts,under the idea that he will arise-this,as I was saying,is in a manner disgraceful.Yet seeing that we are not like the ancient legislators,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 divine parents,but that we are only men who are legislating for the sons of men,there is no uncharitableness in apprehending that some one of 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 than those seeds can be softened by fire.Among our citizens there may be those who cannot be subdued by all the strength of the laws;and for their sake,though an ungracious task,I will proclaim my first law about the robbing of temples,in case any one should dare to commit such a crime.I do not expect or imagine that any well-brought-up citizen will ever take the infection,but their servants,and strangers,and strangers'servants may be guilty of many impieties.
And with a view to them especially,and yet not without a provident eye to the weakness of human nature generally,I will proclaim the law about robbers of temples and similar incurable,or almost incurable,criminals.Having already agreed that such enactments ought always to have a short prelude,we may speak to the criminal,whom some tormenting desire by night and by day tempts to go and rob a temple,the fewest possible words of admonition and exhortation:-O sir,we will say to him,the impulse which moves you to rob temples is not an ordinary human malady,nor yet a visitation of heaven,but a madness which is begotten in a man from ancient and unexpiated crimes of his race,an ever-recurring curse;-against this you must guard with all your might,and how you are to guard we will explain to you.When any such thought comes into your mind,go and perform expiations,go as a suppliant to the temples of the Gods who avert evils,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 man should honour the noble and the just.Fly from the company of the wicked-fly and turn not back;and if your disorder is lightened by these remedies,well and good,but if not,then acknowledge death to be nobler than life,and depart hence.
Such are the preludes which we sing to all who have thoughts of unholy and treasonable actions,and to him who hearkens to them the law has nothing to say.But to him who is disobedient when the prelude is over,cry with a loud voice,-He who is taken in the act of robbing temples,if he be a slave or stranger,shall have his evil deed engraven on his face and hands,and shall be beaten with as many stripes as may seem good to the judges,and be cast naked beyond the borders of the land.And if he suffers this punishment he will probably return to his right mind and be improved;for no penalty which the law inflicts is designed for evil,but always makes him who suffers either better or not so much worse as he would have been.But if any citizen be found guilty of any great or unmentionable wrong,either in relation to the gods,or his parents,or the state,let the judge deem him to be incurable,remembering that after receiving such an excellent education and training from youth upward,he has not abstained from the greatest of crimes.His punishment shall be death,which to him will be the least of evils;and his example will benefit others,if he perish ingloriously,and be cast beyond the borders of the land.But let his children and family,if they avoid the ways of their father,have glory,and let honourable mention be made of them,as having nobly and manfully escaped out of evil into good.None of them should have their goods confiscated to the state,for the lots of the citizens ought always to continue the same and equal.
