Now the participation of fruits shall be ordered on this wise. Thegoddess of Autumn has two gracious gifts: one, the joy of Dionysuswhich is not treasured up; the other, which nature intends to bestored. Let this be the law, then, concerning the fruits of autumn: Hewho tastes the common or storing fruits of autumn, whether grapes orfigs, before the season of vintage which coincides with Arcturus,either on his own land or on that of others-let him pay fiftydrachmae, which shall be sacred to Dionysus, if he pluck them from hisown land; and if from his neighbour"s land, a mina, and if from anyothers", 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 themoff his own land, let him pluck them how and when he likes; but ifhe take them from the ground of others without their leave, let him inthat case be always punished in accordance with the law whichordains that he should not move what he has not laid down. And if aslave touches any fruit of this sort, without the consent of the ownerof the land, he shall be beaten with as many blows as there are grapeson 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, lethim take of the "choice" grapes for himself and a single followerwithout payment, as a tribute of hospitality. The law howeverforbids strangers from sharing in the sort which is not used foreating; and if any one, whether he be master or slave, takes of themin ignorance, let the slave be beaten, and the freeman dismissedwith admonitions, and instructed to take of the other autumnalfruits which are unfit for making raisins and wine, or for laying byas dried figs. As to pears, and apples, and pomegranates, andsimilar 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, shallbe struck and beaten off, but not wounded; and no freeman shall haveany right of satisfaction for such blows. Of these fruits the strangermay partake, just as he may of the fruits of autumn. And if anelder, who is more than thirty years of age, eat of them on thespot, let him, like the stranger, be allowed to partake of all suchfruits, but he must carry away nothing. If, however, he will notobey the law, let him run risk of failing in the competition ofvirtue, in case any one takes notice of his actions before thejudges at the time.
Water is the greatest element of nutrition in gardens, but is easilypolluted. You cannot poison the soil, or the soil, or the sun, orthe air, which are other elements of nutrition in plants, or divertthem, or steal them; but all these things may very likely happen inregard to water, which must therefore be protected by law. And letthis be the law:-If any one intentionally pollutes the water ofanother, whether the water of a spring, or collected in reservoirs,either by poisonous substances, or by digging or by theft, let theinjured party bring the cause before the wardens of the city, andclaim in writing the value of the loss; if the accused be found guiltyof injuring the water by deleterious substances, let him not onlypay damages, but purify the stream or the cistern which contains thewater, in such manner as the laws of the interpreters order thepurification to be made by the offender in each case.
With respect to the gathering in of the fruits of the soil, let aman, if he pleases, carry his own fruits through any place in which heeither does no harm to any one, or himself gains three times as muchas his neighbour loses. Now of these things the magistrates shouldbe cognisant, as of all other things in which a man intentionally doesinjury to another or to the property of another, by fraud or force, inthe use which he makes of his own property. All these matters a manshould lay before the magistrates, and receive damages, supposingthe injury to be not more than three minae; or if he have a chargeagainst another which involves a larger amount, let him bring his suitinto the public courts and have the evil-doer punished. But if anyof the magistrates appear to adjudge the penalties which he imposes inan unjust spirit, let him be liable to pay double to the injuredparty. Any one may bring the offences of magistrates, in anyparticular case, before the public courts. There are innumerablelittle matters relating to the modes of punishment, and applicationsfor suits, and summonses and the witnesses to summonses-for example,whether two witnesses should be required for a summons, or howmany-and all such details, which cannot be omitted in legislation, butare beneath the wisdom of an aged legislator. These lesser matters, asthey indeed are in comparison with the greater ones, let a youngergeneration regulate by law, after the patterns which have preceded,and according to their own experience of the usefulness andnecessity of such laws; and when they are duly regulated let therebe no alteration, but let the citizens live in the observance of them.
