[41]
Accordingly the law excludes the murderer from all
these places; but if anyone puts him to death elsewhere, outside the places
specified, the same retribution is provided as when an Athenian is slain. He did
not describe the fugitive by the name of the city, for in that name he has no
part, but by that of the act for which he is chargeable. Accordingly he says:
“if any man kill the murderer;” and afterwards, when he
prescribed the places from which the man is debarred, he introduces the name of
the City for the lawful assignment of punishment: “he shall be liable
to the same penalty as if he killed an Athenian.” Gentlemen, that
phrase is very different from the wording of the decree before us.
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