CONCERNING HOUSEBREAKERS
II. (7) If any one being insanely carried away by a desire for the property of others attempts to steal it, and not being able easily to carry it off breaks into a house at night, using the darkness as a veil to conceal his wicked action, if he be caught in the fact before the sun has risen, he may be slain by the master of the house in the breaches, having accomplished the lesser object which he had proposed to himself, namely, theft, but having been hindered by some one from accomplishing the greater crime which might have followed it, namely, murder; since he was prepared with iron house-breaking tools which he bore, and other arms, to defend himself from any attack. But if the sun has risen, then let him no longer be slain by the hand of the master of the house, but let him be led away and brought before the magistrates and judges, to suffer whatever punishment they condemn him to. (8) For while men are remaining in their houses at night, and when they have betaken themselves to rest, whether they be rulers or private individuals, in either case there is no refuge or assistance for the offender; on which account the inmate of the house has the power of punishment in his own hands, being appointed magistrate and judge by the very time itself. (9) But in the day time the courts of justice and the council chambers are open, and the city is full of persons who will help to arrest the criminal; some of whom have been formally appointed guardians of the laws; and others, without any such appointment, by their natural disposition which hates iniquity, take up the cause of those who are injured; and before these men the thief must be brought; for thus the man who seeks revenge will escape the charge of arrogance or rashness, and appear to be acting in the spirit of the democracy. (10) But if, when the sun has risen and is shining upon the earth, any one slays a robber with his own hand before bringing him to trial, he shall be held guilty, as having been guided by passion rather than by reason, and as having made the laws second to his own impulses. I should say to such a man, “My, friend, do not, because you have been injured by night by a thief, on this account in the daylight yourself commit a worse theft, not indeed affecting money, but affecting the principles of justice, in accordance with which the constitution of the state is established.”
Page 123456789101112131415161718192021222324252627282930313233343536
