§9.867ΑΘ. διττοὺς μὲν δὴ τοὺς φόνους, ὡς ἔοικε, θετέον, καὶ σχεδὸν ἀμφοτέρους θυμῷ γεγονότας, μεταξὺ δέ που τοῦ τε ἑκουσίου καὶ ἀκουσίου δικαιότατʼ ἂν λεγομένους.
ATH. Now indeed, it seems we must establish two kinds of murder, and since both, as it were, occur in anger, they would most justly be called intermediate between the voluntary and the involuntary.
οὐ μὴν ἀλλʼ εἰκών ἐσθʼ ἑκάτερος·
However, each is an image of one of them.
ὁ μὲν τὸν θυμὸν φυλάττων καὶ οὐκ ἐκ τοῦ παραχρῆμα ἐξαίφνης ἀλλὰ μετὰ ἐπιβουλῆς ὕστερον χρόνῳ τιμωρούμενος ἑκουσίῳ ἔοικεν, ὁ δὲ ἀταμιεύτως ταῖς ὀργαῖς καὶ ἐκ τοῦ παραχρῆμα εὐθὺς χρώμενος ἀπροβουλεύτως ὅμοιος μὲν ἀκουσίῳ, ἔστι δὲ οὐδʼ οὗτος αὖ παντάπασιν ἀκούσιος ἀλλʼ εἰκὼν ἀκουσίου.
The one who keeps his anger and takes vengeance not on the spot and suddenly, but later with premeditation after a time, resembles the voluntary; whereas the one who indulges his passions without restraint and on the spot immediately without premeditation is like the involuntary, yet neither is this one entirely involuntary, but rather an image of the involuntary.
διὸ χαλεποὶ διορίζειν οἱ τῷ θυμῷ πραχθέντες φόνοι, πότερον ἑκουσίους αὐτοὺς ἤ τινας ὡς ἀκουσίους νομοθετητέον, βέλτιστον μὴν καὶ ἀληθέστατον εἰς εἰκόνα μὲν ἄμφω θεῖναι, τεμεῖν δὲ αὐτὼ χωρὶς τῇ ἐπιβουλῇ καὶ ἀπροβουλίᾳ, καὶ τοῖς μὲν μετʼ ἐπιβουλῆς τε καὶ ὀργῇ κτείνασιν τὰς τιμωρίας χαλεπωτέρας, τοῖς δὲ ἀπροβουλεύτως τε καὶ ἐξαίφνης πρᾳοτέρας νομοθετεῖν·
Therefore, murders committed in anger are difficult to define, whether one should legislate them as voluntary or as somehow involuntary. Yet it is best and most true to place both as images, and to divide them apart by premeditation and lack of premeditation, and to legislate harsher penalties for those who kill with premeditation and in anger, and milder ones for those who kill without premeditation and suddenly.
τὸ γὰρ εἰκὸς μείζονι κακῷ μειζόνως, τὸ δʼ ἐλάττονι τιμωρητέον ἐλαττόνως.
For indeed, it is reasonable that the greater evil should be punished more greatly, and the lesser more mildly.
ποιητέον δὴ καὶ τοῖς ἡμετέροις νόμοις οὕτω.
Thus indeed must it also be done in our laws.
ΚΛ. παντάπασι μὲν οὖν.
CLIN. By all means, indeed.
ΑΘ. πάλιν ἐπανελθόντες τοίνυν λέγωμεν·
ATH.
ἂν ἄρα τις αὐτόχειρ μὲν κτείνῃ ἐλεύθερον, τὸ δὲ πεπραγμένον ἀπροβουλεύτως ὀργῇ τινι γένηται πραχθέν, τὰ μὲν ἄλλα, καθάπερ ἄνευ θυμοῦ κτείναντι προσῆκέν τῳ πάσχειν, πασχέτω, δύο δʼ ἐξ ἀνάγκης ἔτη φευγέτω κολάζων τὸν αὑτοῦ θυμόν.
Returning again, then, let us speak: if anyone with his own hand kills a free man, but the deed is done without premeditation in some fit of anger, let him suffer in other respects just as it is fitting for one who kills without anger to suffer, but let him flee as a matter of necessity for two years, chastising his own anger.
ὁ δὲ θυμῷ μέν, μετʼ ἐπιβουλῆς δὲ κτείνας τὰ μὲν ἄλλα κατὰ τὸν πρόσθεν αὖ, τρία δὲ ἔτη, καθάπερ ἅτερος ἔφευγεν τὰ δύο, φευγέτω, μεγέθει θυμοῦ πλείω τιμωρηθεὶς χρόνον.
But the one who kills in anger, but with premeditation, let him suffer in other respects according to what was said before, but let him flee for three years, just as the other fled for two, being punished for a longer time due to the greatness of his anger.
καθόδου δὲ πέρι τούτοις ὧδε ἔστω.
Concerning the return of these persons, let it be as follows.
χαλεπὸν μὲν ἀκριβῶς νομοθετεῖν· ἔστι γὰρ ὅτε τούτοιν ὁ τῷ νόμῳ ταχθεὶς χαλεπώτερος ἡμερώτερος ἄν, ὁ δὲ ἡμερώτερος χαλεπώτερος ἂν εἴη, καὶ τὰ περὶ τὸν φόνον ἀγριωτέρως ἂν πράξειεν, ὁ δὲ ἡμερωτέρως·
It is difficult to legislate with absolute precision; for there are times when, of these two, the one who is designated as harsher by the law might be milder, and the milder might be harsher, and the former might have acted more savagely regarding the murder, and the latter more mildly.
ὡς δὲ τὸ πολὺ κατὰ τὰ νῦν εἰρημένα συμβαίνει γιγνόμενα.
Yet for the most part, things turn out according to what has just been said.
τούτων οὖν πάντων ἐπιγνώμονας εἶναι χρὴ νομοφύλακας, ἐπειδὰν δὲ ὁ χρόνος ἔλθῃ τῆς φυγῆς ἑκατέρῳ, πέμπειν αὐτῶν δικαστὰς δώδεκα ἐπὶ τοὺς ὅρους τῆς χώρας, ἐσκεμμένους ἐν τῷ χρόνῳ τούτῳ τὰς τῶν φυγόντων πράξεις ἔτι σαφέστερον, καὶ τῆς αἰδοῦς τε πέρι καὶ καταδοχῆς τούτων δικαστὰς γίγνεσθαι, §9.868ΑΘ. τοὺς δὲ αὖ τοῖς δικασθεῖσιν ὑπὸ τῶν τοιούτων ἀρχόντων ἐμμένειν.
Of all these matters, therefore, the guardians of the laws must be judges. And when the time of exile comes for each of them, they must send twelve of themselves as judges to the borders of the country, having examined during this time the deeds of the exiled even more clearly, and they shall be judges concerning both the shame shown by these men and their reception, ATH. and the exiled, in turn, must abide by what has been decided by such officials.
ἐὰν δʼ αὖθίς ποτε κατελθὼν ὁπότερος αὐτοῖν ἡττηθεὶς ὀργῇ πράξῃ ταὐτὸν τοῦτο, φυγὼν μηκέτι κατέλθῃ, κατελθὼν δέ, κατὰ τὴν τοῦ ξένου ἄφιξιν ταύτῃ πασχέτω.
And if ever either of them, having returned, is again overcome by anger and does this same thing, let him flee and never return; and if he does return, let him suffer in the same way as the arrival of the stranger.
δοῦλον δʼ ὁ κτείνας ἑαυτοῦ μὲν καθηράσθω, ἐὰν δὲ ἀλλότριον θυμῷ, διπλῇ τὸ βλάβος ἐκτεισάτω τῷ κεκτημένῳ.
And let the one who kills a slave, if it is his own, purify himself, but if it is another’s in anger, let him pay double the damage to the owner.
ὅστις δʼ ἂν τῶν ἀποκτεινάντων πάντων μὴ πείθηται τῷ νόμῳ, ἀλλʼ ἀκάθαρτος ὢν ἀγοράν τε καὶ ἆθλα καὶ τὰ ἄλλα ἱερὰ μιαίνῃ, ὁ βουλόμενος, τόν τε ἐπιτρέποντα τῶν προσηκόντων τῷ τελευτήσαντι καὶ τὸν ἀποκτείναντα εἰς δίκην καταστήσας, τὴν διπλασίαν χρημάτων τε καὶ τῶν ἄλλων πράξεων ἀναγκαζέτω πράττειν τε καὶ ἐκτίνειν, τὸ δὲ ἔκτεισμα αὐτὸς αὑτῷ κομιζέσθω κατὰ τὸν νόμον.
And whoever among all those who have killed does not obey the law, but, being unpurified, defiles the market-place, the games, and the other sacred places, let anyone who wishes, having brought to trial both the one of the relatives of the deceased who permits this and the killer, compel them to perform and pay double the amount of money and other actions, and let him collect the payment for himself according to the law.
ἐὰν δέ τις θυμῷ δοῦλος δεσπότην αὑτοῦ κτείνῃ, τοὺς προσήκοντας τοῦ τελευτήσαντος χρωμένους τῷ κτείναντι χρείαν ἣν ἂν ἐθέλωσι, πλὴν μηδαμῇ μηδαμῶς ζωγροῦντας, καθαροὺς εἶναι·
And if a slave in anger kills his own master, let the relatives of the deceased be free from pollution, treating the killer in whatever way they wish, provided that they by no means keep him alive.
ἐὰν δὲ ἄλλος τις δοῦλος ἐλεύθερον ἀποκτείνῃ θυμῷ, παραδιδόντων οἱ δεσπόται τὸν δοῦλον τοῖς προσήκουσι τοῦ τελευτήσαντος, οἱ δὲ ἐξ ἀνάγκης μὲν θανατωσάντων τὸν δράσαντα, τρόπῳ δὲ ᾧ ἂν ἐθέλωσιν.
And if any other slave kills a free man in anger, let the masters hand over the slave to the relatives of the deceased, and let them put the doer to death as a matter of necessity, but in whatever manner they wish.
ἂν δʼ, ὃ γίγνεται μέν, ὀλιγάκις δέ, διὰ θυμὸν πατὴρ ἢ μήτηρ ὑὸν ἢ θυγατέρα πληγαῖς ἤ τινι τρόπῳ βιαίῳ κτείνῃ, καθάρσεις μὲν τὰς αὐτὰς τοῖς ἄλλοις καθαιρέσθω καὶ ἐνιαυτοὺς τρεῖς ἀπενιαυτεῖν, κατελθόντων δὲ τῶν κτεινάντων, ἀπαλλάττεσθαι γυναῖκά τε ἀπʼ ἀνδρὸς καὶ τὸν ἄνδρα ἀπὸ γυναικός, καὶ μή ποτʼ ἔτι κοινῇ παιδοποιήσασθαι, μηδὲ συνέστιον ὧν ἔκγονον ἢ ἀδελφὸν ἀπεστέρηκε γίγνεσθαί ποτε μηδὲ κοινωνὸν ἱερῶν·
And if—which does happen, though rarely—a father or a mother in anger kills a son or a daughter by blows or by some violent manner, let them be purified with the same purifications as the others and go into exile for three years; and when those who killed have returned, let wife be separated from husband and husband from wife, and let them never again beget children together, nor ever share the hearth or share in the sacred rites with those whom they have deprived of an offspring or a sibling.
ὁ δὲ ἀσεβῶν τε περὶ ταῦτα καὶ ἀπειθῶν ὑπόδικος ἀσεβείας γιγνέσθω τῷ ἐθέλοντι.
And let the one who is impious concerning these matters and disobedient be liable to a prosecution for impiety by anyone who wishes.
γυναῖκα δὲ γαμετὴν ἐὰν ἀνὴρ διʼ ὀργὴν κτείνῃ τινά τις, ἢ γυνὴ ἑαυτῆς ἄνδρα ταὐτὸν τοῦτο ὡσαύτως ἐργάσηται, καθαίρεσθαι μὲν τοὺς αὐτοὺς καθαρμούς, τριετεῖς δὲ ἀπενιαυτήσεις διατελεῖν.
And if a husband kills his married wife in anger, or a wife does this same thing to her husband in like manner, let them be purified with the same purifications and complete a three-year exile.
κατελθὼν δὲ ὅ τι τοιοῦτον δράσας, τοῖς αὑτοῦ παισὶν ἱερῶν μὴ κοινωνείτω μηδὲ ὁμοτράπεζος γιγνέσθω ποτέ· ἀπειθῶν δὲ ὁ γεννήτωρ ἢ ὁ γεννηθεὶς ἀσεβείας αὖ ὑπόδικος γιγνέσθω τῷ ἐθέλοντι.
And having returned after committing such a deed, let him not share in the sacred rites with his own children, nor ever share the same table; and let the parent or the child who is disobedient be liable in turn to a prosecution for impiety by anyone who wishes.