[337] Plato, Legg. x. p. 885.
Punishment for these three heretical beliefs, with or without overt act.
If a person displays impiety, either by word or deed, in either of these three ways, he shall be denounced to the archons by any citizen who becomes acquainted with the fact. The archons, on pain of taking the impiety on themselves, shall assemble the dikastery, and put the person accused on trial. If found guilty, he shall be put in chains and confined in one or other of the public prisons. These public prisons are three in number: one in the market-place, for ordinary offenders: a second, called the House of Correction (σωφρονιστήριον), attached to the building in which the Supreme Board of Magistrates hold their nocturnal sittings: a third, known by some designation of solemn penalty, in the centre of the territory, but in some savage and desolate spot.[338]
[338] Plato, Legg. x. p. 908. δεσμὸς μὲν οὖν ὑπαρχέτω πᾶσι· δεσμωτηρίων δὲ ὄντων ἐν τῇ πόλει τριῶν, &c.
Imprisonment included chains round the prisoner’s legs. Sokrates was put in chains during his thirty days’ confinement, arising from the voyage of the Theôric ship to Delos (Plat. Phædon, p. 60 B).
Heretic, whose conduct has been virtuous and faultless, to be imprisoned for five years, perhaps more.
Suppose the heretic, under either one of the three heads, to be found guilty of heresy pure and simple — but that his conduct has been just, temperate, unexceptionable, and his social dispositions steadily manifested, esteeming the society of just men, and shunning that of the unjust.[339] There is still danger that by open speech or scoffing he should shake the orthodox belief of others: he must therefore be chained in the house of Correction for a term not less than five years. During this term no citizen whatever shall be admitted to see him, except the members of the Nocturnal Council of Magistrates. These men will constantly commune with him, administering exhortations for the safety of his soul and for his improvement. If at the expiration of the five years, he appears to be cured of his heresy and restored to a proper state of mind, he shall be set at liberty, and allowed to live with other proper-minded persons. But if no such cure be operated, and if he shall be found guilty a second time of the same offence, he shall suffer the penalty of death.[340]
[339] Plato, Legg. p. 908 B-E. ᾧ γὰρ ἄν, μὴ νομίζοντι θεοὺς εἶναι τὸ παράπαν, ἦθος φύσει προσγένηται δίκαιον, μισοῦντές τε γίγνονται τοὺς κακούς, καὶ τῷ δυσχεραίνειν τὴν ἀδικίαν οὔτε τὰς τοιαύτας πράξεις προσίενται πράττειν, τούς τε μὴ δικαίους τῶν ἀνθρώπων φεύγουσι, καὶ τοὺς δικαίους στέργουσι, &c.
[340] Plato, Legg. x. p. 909 A. ἐν τούτῳ δὲ τῷ χρόνῳ μηδεὶς τῶν πολιτῶν αὐτοῖς ἄλλος ξυγγιγνέσθω, πλὴν οἱ τοῦ νυκτερινοῦ ξυλλόγου κοινωνοῦντες, ἐπὶ νουθετήσει τε καὶ τῇ τῆς ψυχῆς σωτηρίᾳ ὁμιλοῦντες.