as if he had succeeded. But since God has favoured both
him and his victim, instead of being put to death, he shall be allowed
to go into exile and take his property with him, the damage due to the
sufferer having been previously estimated by the court, which shall be
the same as would have tried the case if death had ensued. If a child
should intentionally wound a parent, or a servant his master, or brother
or sister wound brother or sister with malice prepense, the penalty
shall be death. If a husband or wife wound one another with intent to
kill, the penalty which is inflicted upon them shall be perpetual exile;
and if they have young children, the guardians shall take care of them
and administer their property as if they were orphans. If they have
no children, their kinsmen male and female shall meet, and after a
consultation with the priests and guardians of the law, shall appoint an
heir of the house; for the house and family belong to the state, being
a 5040th portion of the whole. And the state is bound to preserve
her families happy and holy; therefore, when the heir of a house has
committed a capital offence, or is in exile for life, the house is to be
purified, and then the kinsmen of the house and the guardians of the law
are to find out a family which has a good name and in which there are
many sons, and introduce one of them to be the heir and priest of the
house. He shall assume the fathers and ancestors of the family, while
the first son dies in dishonour and his name is blotted out.
Some actions are intermediate between the voluntary and involuntary.
Those done from anger are of this class. If a man wound another in
anger, let him pay double the damage, if the injury is curable; or
fourfold, if curable, and at the same time dishonourable; and fourfold,
if incurable; the amount is to be assessed by the judges. If the wounded
person is rendered incapable of military service, the injurer, besides
the other penalties, shall serve in his stead, or be liable to a suit
for refusing to serve. If brother wounds brother, then their parents
and kindred, of both sexes, shall meet and judge the crime. The damages
shall be assessed by the parents; and if the amount fixed by them is
disputed, an appeal shall be made to the male kindred; or in the last
resort to the guardians of the law. Parents who wound their children are
to be tried by judges of at least sixty years of age, who have children
of their own; and they
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