one division. Any injury done by cattle, the decoying of bees, the
careless firing of woods, the planting unduly near a neighbour's
ground, shall all be visited with proper damages. Such details have been
determined by previous legislators, and need not now be mixed up with
greater matters. Husbandmen have had of old excellent rules about
streams and waters; and we need not 'divert their course.' Anybody
may take water from a common stream, if he does not thereby cut off a
private spring; he may lead the water in any direction, except through
a house or temple, but he must do no harm beyond the channel. If land
is without water the occupier shall dig down to the clay, and if at this
depth he find no water, he shall have a right of getting water from his
neighbours for his household; and if their supply is limited, he
shall receive from them a measure of water fixed by the wardens of the
country. If there be heavy rains, the dweller on the higher ground must
not recklessly suffer the water to flow down upon a neighbour beneath
him, nor must he who lives upon lower ground or dwells in an adjoining
house refuse an outlet. If the two parties cannot agree, they shall go
before the wardens of the city or country, and if a man refuse to abide
by their decision, he shall pay double the damage which he has caused.
In autumn God gives us two boons--one the joy of Dionysus not to be laid
up--the other to be laid up. About the fruits of autumn let the law be
as follows: He who gathers the storing fruits of autumn, whether
grapes or figs, before the time of the vintage, which is the rising of
Arcturus, shall pay fifty drachmas as a fine to Dionysus, if he gathers
on his own ground; if on his neighbour's ground, a mina, and two-thirds
of a mina if on that of any one else. The grapes or figs not used for
storing a man may gather when he pleases on his own ground, but on that
of others he must pay the penalty of removing what he has not laid down.
If he be a slave who has gathered, he shall receive a stroke for every
grape or fig. A metic must purchase the choice fruit; but a stranger may
pluck for himself and his attendant. This right of hospitality, however,
does not extend to storing grapes. A slave who eats of the storing
grapes or figs shall be beaten, and the freeman be dismissed with a
warning. Pears, apples, pomegranates, may be taken secretly, but he who
is detected in the act of taking them shall be lightly beaten off, if
he
|