第89章 BOOK VIII(8)

Now the participation of fruits shall be ordered on this wise.The goddess of Autumn has two gracious gifts:one,the joy of Dionysus which is not treasured up;the other,which nature intends to be stored.Let this be the law,then,concerning the fruits of autumn:He who tastes the common or storing fruits of autumn,whether grapes or figs,before the season of vintage which coincides with Arcturus,either on his own land or on that of others-let him pay fifty drachmae,which shall be sacred to Dionysus,if he pluck them from his own land;and if from his neighbour's land,a mina,and if from any others',two-thirds of a mina.And he who would gather the "choice"grapes or the "choice"figs,as they are now termed,if he take them off his own land,let him pluck them how and when he likes;but if he take them from the ground of others without their leave,let him in that case be always punished in accordance with the law which ordains that he should not move what he has not laid down.And if a slave touches any fruit of this sort,without the consent of the owner of the land,he shall be beaten with as many blows as there are grapes on the bunch,or figs on the fig-tree.Let a metic purchase the "choice"autumnal fruit,and then,if he pleases,he may gather it;but if a stranger is passing along the road,and desires to eat,let him take of the "choice"grapes for himself and a single follower without payment,as a tribute of hospitality.The law however forbids strangers from sharing in the sort which is not used for eating;and if any one,whether he be master or slave,takes of them in ignorance,let the slave be beaten,and the freeman dismissed with admonitions,and instructed to take of the other autumnal fruits which are unfit for making raisins and wine,or for laying by as dried figs.As to pears,and apples,and pomegranates,and similar fruits,there shall be no disgrace in taking them secretly;but he who is caught,if he be of less than thirty years of age,shall be struck and beaten off,but not wounded;and no freeman shall have any right of satisfaction for such blows.Of these fruits the stranger may partake,just as he may of the fruits of autumn.And if an elder,who is more than thirty years of age,eat of them on the spot,let him,like the stranger,be allowed to partake of all such fruits,but he must carry away nothing.If,however,he will not obey the law,let him run risk of failing in the competition of virtue,in case any one takes notice of his actions before the judges at the time.

Water is the greatest element of nutrition in gardens,but is easily polluted.You cannot poison the soil,or the soil,or the sun,or the air,which are other elements of nutrition in plants,or divert them,or steal them;but all these things may very likely happen in regard to water,which must therefore be protected by law.And let this be the law:-If any one intentionally pollutes the water of another,whether the water of a spring,or collected in reservoirs,either by poisonous substances,or by digging or by theft,let the injured party bring the cause before the wardens of the city,and claim in writing the value of the loss;if the accused be found guilty of injuring the water by deleterious substances,let him not only pay damages,but purify the stream or the cistern which contains the water,in such manner as the laws of the interpreters order the purification to be made by the offender in each case.

With respect to the gathering in of the fruits of the soil,let a man,if he pleases,carry his own fruits through any place in which he either does no harm to any one,or himself gains three times as much as his neighbour loses.Now of these things the magistrates should be cognisant,as of all other things in which a man intentionally does injury to another or to the property of another,by fraud or force,in the use which he makes of his own property.All these matters a man should lay before the magistrates,and receive damages,supposing the injury to be not more than three minae;or if he have a charge against another which involves a larger amount,let him bring his suit into the public courts and have the evil-doer punished.But if any of the magistrates appear to adjudge the penalties which he imposes in an unjust spirit,let him be liable to pay double to the injured party.Any one may bring the offences of magistrates,in any particular case,before the public courts.There are innumerable little matters relating to the modes of punishment,and applications for suits,and summonses and the witnesses to summonses-for example,whether two witnesses should be required for a summons,or how many-and all such details,which cannot be omitted in legislation,but are beneath the wisdom of an aged legislator.These lesser matters,as they indeed are in comparison with the greater ones,let a younger generation regulate by law,after the patterns which have preceded,and according to their own experience of the usefulness and necessity of such laws;and when they are duly regulated let there be no alteration,but let the citizens live in the observance of them.