第88章 BOOK VIII(7)

Leaving the common tables,we may therefore proceed to the means of providing food.Now,in cities the means of life are gained in many ways and from divers sources,and in general from two sources,whereas our city has only one.For most of the Hellenes obtain their food from sea and land,but our citizens from land only.And this makes the task of the legislator less difficult-half as many laws will be enough,and much less than half;and they will be of a kind better suited to free men.For he has nothing to do with laws about shipowners and merchants and retailers and innkeepers and tax collectors and mines and moneylending and compound interest and innumerable other things-bidding good-bye to these,he gives laws to husbandmen and shepherds and bee-keepers,and to the guardians and superintendents of their implements;and he has already legislated for greater matters,as for example,respecting marriage and the procreation and nurture of children,and for education,and the establishment of offices-and now he must direct his laws to those who provide food and labour in preparing it.

Let us first of all,then,have a class of laws which shall be called the laws of husbandmen.And let the first of them be the law of Zeus,the god of boundaries.Let no one shift the boundary line either of a fellow-citizen who is a neighbour,or,if he dwells at the extremity of the land,of any stranger who is conterminous with him,considering that this is truly "to move the immovable,"and every one should be more willing to move the largest rock which is not a landmark,than the least stone which is the sworn mark of friendship and hatred between neighbours;for Zeus,the god of kindred,is the witness of the citizen,and Zeus,the god of strangers,of the stranger,and when aroused,terrible are the wars which they stir up.He who obeys the law will never know the fatal consequences of disobedience,but he who despises the law shall be liable to a double penalty,the first coming from the Gods,and the second from the law.For let no one wilfully remove the boundaries of his neighbour's land,and if any one does,let him who will inform the landowners,and let them bring him into court,and if he be convicted of re-dividing the land by stealth or by force,let the court determine what he ought to suffer or pay.In the next place,many small injuries done by neighbours to one another,through their multiplication,may cause a weight of enmity,and make neighbourhood a very disagreeable and bitter thing.Wherefore a man ought to be very careful of committing any offence against his neighbour,and especially of encroaching on his neighbour's land;for any man may easily do harm,but not every man can do good to another.He who encroaches on his neighbour's land,and transgresses his boundaries,shall make good the damage,and,to cure him of his impudence and also of his meanness,he shall pay a double penalty to the injured party.

Of these and the like matters the wardens of the country shall take cognizance,and be the judges of them and assessors of the damage;in the more important cases,as has been already said,the whole number of them belonging to any one of the twelve divisions shall decide,and in the lesser cases the commanders:or,again,if any one pastures his cattle on his neighbour's land,they shall see the injury,and adjudge the penalty.And if any one,by decoying the bees,gets possession of another's swarms,and draws them to himself by making noises,he shall pay the damage;or if anyone sets fire to his own wood and takes no care of his neighbour's property,he shall be fined at the discretion of the magistrates.And if in planting he does not leave a fair distance between his own and his neighbour's land,he shall be punished,in accordance with the enactments of many law givers,which we may use,not deeming it necessary that the great legislator of our state should determine all the trifles which might be decided by any body;for example,husbandmen have had of old excellent laws about waters,and there is no reason why we should propose to divert their course:who likes may draw water from the fountain-head of the common stream on to his own land,if he do not cut off the spring which clearly belongs to some other owner;and he may take the water in any direction which he pleases,except through a house or temple or sepulchre,but he must be careful to do no harm beyond the channel.And if there be in any place a natural dryness of the earth,which keeps in the rain from heaven,and causes a deficiency in the supply of water,let him dig down on his own land as far as the clay,and if at this depth he finds no water,let him obtain water from his neighbours,as much,as is required for his servants'drinking,and if his neighbours,too,are limited in their supply,let him have a fixed measure,which shall be determined by the wardens of the country.This he shall receive each day,and on these terms have a share of his neighbours'water.If there be heavy rain,and one of those on the lower ground injures some tiller of the upper ground,or some one who has a common wall,by refusing to give the man outlet for water;or,again,if some one living on the higher ground recklessly lets off the water on his lower neighbour,and they cannot come to terms with one another,let him who will call in a warden of the city,if he be in the city,or if he be in the country,warden of the country,and let him obtain a decision determining what each of them is to do.And he who will not abide by the decision shall suffer for his malignant and morose temper,and pay a fine to the injured party,equivalent to double the value of the injury,because he was unwilling to submit to the magistrates.