Cases in which one man injures another by poisons, and which provefatal, have been already discussed; but about other cases in which aperson intentionally and of malice harms another with meats, ordrinks, or ointments, nothing has as yet been determined. For thereare two kinds of poisons used among men, which cannot clearly bedistinguished. There is the kind just now explicitly mentioned,which injures bodies by the use of other bodies according to a naturallaw; there is also another kind which persuades the more daringclass that they can do injury by sorceries, and incantations, andmagic knots, as they are termed, and makes others believe that theyabove all persons are injured by the powers of the magician. Now it isnot easy to know the nature of all these things; nor if a man doknow can he readily persuade others to believe him. And when men aredisturbed in their minds at the sight of waxen images fixed eitherat their doors, or in a place where three ways meet, or on thesepulchres of parents, there is no use in trying to persuade them thatthey should despise all such things because they have no certainknowledge about them. But we must have a law in two parts,concerning poisoning, in whichever of the two ways the attempt ismade, and we must entreat, and exhort, and advise men not to haverecourse to such practices, by which they scare the multitude out oftheir wits, as if they were children, compelling the legislator andthe judge to heal the fears which the sorcerer arouses, and to tellthem in the first place, that he who attempts to poison or enchantothers knows not what he is doing, either as regards the body(unless he has a knowledge of medicine), or as regards hisenchantments (unless he happens to be a prophet or diviner). Let thelaw, then, run as follows about poisoning or witchcraft:-He whoemploys poison to do any injury, not fatal, to a man himself, or tohis servants, or any injury, whether fatal or not, to his cattle orhis bees, if he be a physician, and be convicted of poisoning, shallbe punished with death; or if he be a private person, the courtshall determine what he is to pay or suffer. But he who seems to bethe sort of man injures others by magic knots, or enchantments, orincantations, or any of the like practices, if he be a prophet ordiviner, let him die; and if, not being a prophet, he be convictedof witchcraft, as in the previous case, let the court fix what heought to pay or suffer.
When a man does another any injury by theft or violence, for thegreater injury let him pay greater damages to the injured man, andless for the smaller injury; but in all cases, whatever the injury mayhave been, as much as will compensate the loss. And besides thecompensation of the wrong, let a man pay a further penalty for thechastisement of his offence: he who has done the wrong instigated bythe folly of another, through the lightheartedness of youth or thelike, shall pay a lighter penalty; but he who has injured anotherthrough his own folly, when overcome by pleasure or pain, incowardly fear, or lust, or envy, or implacable anger, shall endure aheavier punishment. Not that he is punished because he did wrong,for that which is done can never be undone, but in order that infuture times, he, and those who see him corrected, may utterly hateinjustice, or at any rate abate much of their evil-doing. Having aneye to all these things, the law, like a good archer, should aim atthe right measure of punishment, and in all cases at the deservedpunishment. In the attainment of this the judge shall be afellow-worker with the legislator, whenever the law leaves to him todetermine what the offender shall suffer or pay; and the legislator,like a painter, shall give a rough sketch of the cases in which thelaw is to be applied. This is what we must do, Megillus andCleinias, in the best and fairest manner that we can, saying whatthe punishments are to be of all actions of theft and violence, andgiving laws of such a kind as the Gods and sons of Gods would haveus give.
If a man is mad he shall not be at large in the city, but hisrelations shall keep him at home in any way which they can; or if not,let them pay a penalty-he who is of the highest class shall pay apenalty of one hundred drachmae, whether he be a slave or a freemanwhom he neglects; and he of the second class shall pay four-fifthsof a mina; and he of the third class three-fifths; and he of thefourth class two-fifths. Now there are many sorts of madness, somearising out of disease, which we have already mentioned; and there areother kinds, which originate in an evil and passionate temperament,and are increased by bad education; out of a slight quarrel this classof madmen will often raise a storm of abuse against one another, andnothing of that sort ought to be allowed to occur in a well-orderedstate. Let this, then, be the law about abuse, which shall relate toall cases:-No one shall speak evil of another; and when a man disputeswith another he shall teach and learn of the disputant and thecompany, but he shall abstain from evilspeaking; for out of theimprecations which men utter against one another, and the femininehabit of casting aspersions on one another, and using foul names,out of words light as air, in very deed the greatest enmities andhatreds spring up. For the speaker gratifies his anger, which is anungracious element of his nature; and nursing up his wrath by theentertainment of evil thoughts, and exacerbating that part of his soulwhich was formerly civilized by education, he lives in a state ofsavageness and moroseness, and pays a bitter penalty for his anger.
