§12.956ΑΘ. θεοῖσι δὲ ἀναθήματα χρεὼν ἔμμετρα τὸν μέτριον ἄνδρα ἀνατιθέντα δωρεῖσθαι.
ATH. A moderate man ought to offer and dedicate moderate offerings to the gods.
γῆ μὲν οὖν ἑστία τε οἰκήσεως ἱερὰ πᾶσι πάντων θεῶν· μηδεὶς οὖν δευτέρως ἱερὰ καθιερούτω θεοῖς.
Indeed, land and the hearth of a dwelling are sacred to all gods for everyone; therefore, let no one consecrate them a second time as sacred to the gods.
χρυσὸς δὲ καὶ ἄργυρος ἐν ἄλλαις πόλεσιν ἰδίᾳ τε καὶ ἐν ἱεροῖς ἐστιν ἐπίφθονον κτῆμα, ἐλέφας δὲ ἀπολελοιπότος ψυχὴν σώματος οὐκ εὐαγὲς ἀνάθημα, σίδηρος δὲ καὶ χαλκὸς πολέμων ὄργανα·
Gold and silver, in other cities both privately and in temples, are a possession that incurs envy; ivory, being from a body that has left behind its soul, is not a pure offering; while iron and bronze are instruments of war.
ξύλου δὲ μονόξυλον ὅτι ἂν ἐθέλῃ τις ἀνατιθέτω, καὶ λίθου ὡσαύτως πρὸς τὰ κοινὰ ἱερά, ὑφὴν δὲ μὴ πλέον ἔργον γυναικὸς μιᾶς ἔμμηνον.
As for wood, let anyone dedicate whatever he wishes carved from a single piece of wood, and likewise of stone, for the common temples; and as for woven work, let it not exceed the monthly work of a single woman.
χρώματα δὲ λευκὰ πρέποντʼ ἂν θεοῖς εἴη καὶ ἄλλοθι καὶ ἐν ὑφῇ, βάμματα δὲ μὴ προσφέρειν ἀλλʼ ἢ πρὸς τὰ πολέμου κοσμήματα.
White colors would be fitting for the gods, both elsewhere and in woven work; but dyes must not be applied except for the decorations of war.
θειότατα δὲ δῶρα ὄρνιθές τε καὶ ἀγάλματα ὅσαπερ ἂν ἐν μιᾷ ζωγράφος ἡμέρᾳ εἷς ἀποτελῇ· καὶ τἆλλα ἔστω κατὰ τὰ τοιαῦτα ἀναθήματα μεμιμημένα.
The most divine gifts are birds and whatever images a single painter completes in a single day; and let other offerings be modeled after such things.
ὅτε δὲ μέρη διείρηται τῆς πόλεως συμπάσης, ὅσα τε καὶ ἃ δεῖ γίγνεσθαι, καὶ νόμοι περὶ τῶν συμβολαίων εἰς δύναμιν τῶν μεγίστων πέρι πάντων εἴρηνται, τὸ λοιπὸν δὴ δίκας ἂν εἴη χρεὼν γίγνεσθαι.
Now that the parts of the whole city have been divided, both how many and what they ought to be, and the laws concerning contracts have been stated as far as possible regarding all the most important matters, what remains would indeed be the necessity of establishing lawsuits.
δικαστηρίων δὲ τὸ μὲν πρῶτον αἱρετοὶ δικασταὶ γίγνοιντʼ ἄν, οὓς ἂν ὁ φεύγων τε καὶ ὁ διώκων ἕλωνται κοινῇ, διαιτηταὶ δικαστῶν τοὔνομα μᾶλλον πρέπον ἔχοντες· δεύτεροι δὲ κωμῆταί τε καὶ φυλέται, κατὰ τὸ δωδέκατον μέρος διῃρημένοι, ἐν οἷς, ἂν μὴ διακριθῶσιν ἐν τοῖς πρώτοις, περὶ ζημίας μείζονος ἰόντων ἀγωνιούμενοι, ὁ δὲ φεύγων, ἂν ἡττηθῇ τὸ δεύτερον, τὸ πεμπτημόριον ἀποτινέτω τοῦ τιμήματος τῆς γραφείσης δίκης.
Of the courts, the first would be elected judges, whom the defendant and the pursuer choose in common, having the name "arbitrators" as more fitting than "judges"; second are the villagers and tribesmen, divided according to the twelfth part, among whom, if they are not reconciled in the first court, they shall contend as they proceed for a greater penalty; and if the defendant is defeated a second time, let him pay a fifth part of the valued amount of the suit brought against him.
ἐὰν δʼ ἐγκαλῶν τις τοῖς δικασταῖς τὸ τρίτον ἀγωνίζεσθαι βούληται, ἀγέτω μὲν ἐπὶ τοὺς δικαστὰς τοὺς ἐκλεκτοὺς τὴν δίκην, ἐὰν δὲ πάλιν ἡττηθῇ, τὴν ἡμιολίαν τοῦ τιμήματος ἀποτινέτω.
But if anyone, accusing the judges, wishes to contend for a third time, let him bring the case before the select judges, and if he is defeated again, let him pay one and a half times the valued amount.
ἐὰν δὲ ὁ διώκων ἡττηθεὶς ἐν τοῖς πρώτοις μὴ ἠρεμῇ, εἰς δὲ τοὺς δευτέρους ἴῃ, νικήσας μὲν δὴ τὸ πέμπτον μέρος ἀπολαμβανέτω, νικηθεὶς δὲ ἀποτινέτω ταὐτὸν μέρος τῆς δίκης.
And if the pursuer, having been defeated in the first court, does not remain quiet but goes to the second, if he wins let him receive a fifth part, but if he is defeated let him pay the same part of the suit.
ἐὰν δʼ εἰς τὸ τρίτον ἔλθωσιν δικαστήριον ἀπειθήσαντες ταῖς ἔμπροσθεν δίκαις, ὁ μὲν φεύγων ἡττηθείς, ὥσπερ εἴρηται, τὴν ἡμιολίαν, ὁ δὲ διώκων τὴν ἡμίσειαν τοῦ τιμήματος ἀποτινέτω.
But if they come to the third court, having disobeyed the previous judgments, let the defeated defendant, as has been said, pay one and a half times, and the defeated pursuer pay half of the valued amount.
κληρώσεις δὲ δικαστηρίων καὶ πληρώσεις, καὶ ὑπηρεσιῶν ἑκάσταις τῶν ἀρχῶν καταστάσεις, καὶ χρόνους ἐν οἷς ἕκαστα γίγνεσθαι χρεών, καὶ διαψηφίσεων πέρι καὶ ἀναβολῶν, καὶ πάνθʼ ὁπόσα τοιαῦτα ἀναγκαῖα περὶ δίκας γίγνεσθαι, προτέρων τε καὶ ὑστέρων λήξεις, ἀποκρίσεών τε ἀνάγκας καὶ παρακαταβάσεων, καὶ ὅσα τούτων ἀδελφὰ σύμπαντα, εἴπομεν μὲν καὶ πρόσθεν, καλὸν δὲ τό γε ὀρθὸν καὶ δὶς καὶ τρίς.
As for the drawings of lots for courts and their filling, the appointments of assistants for each of the offices, the times in which each of these must take place, matters concerning voting and postponements, and all such necessary things as must occur regarding lawsuits, the allotting of prior and subsequent cases, the necessity of answers, the deposits of caution-money, and all their sibling matters, we have indeed spoken before, but it is a good thing to repeat what is right even twice and thrice.
§12.957ΑΘ. πάντα δʼ οὖν ὁπόσα σμικρὰ καὶ ῥᾴδια νόμιμα εὑρίσκειν, πρεσβύτου νομοθέτου παραλιπόντος, τὸν νέον ἀναπληροῦν χρὴ νομοθέτην.
ATH. In any case, all such regulations as are small and easy to find, which an elder legislator has left behind, a younger legislator must supply.
τὰ μὲν ἴδια δικαστήρια ταύτῃ πῃ γιγνόμενα μέτρον ἂν ἔχοι· τὰ δὲ δημόσια καὶ κοινὰ καὶ ὅσοις ἀρχὰς δεῖ χρωμένας τὰ προσήκοντα ἑκάστῃ τῶν ἀρχῶν διοικεῖν, ἔστʼ ἐν πολλαῖς πόλεσιν οὐκ ἀσχήμονα ἐπιεικῶν ἀνδρῶν οὐκ ὀλίγα νομοθετήματα, ὅθεν νομοφύλακας χρὴ τὰ πρέποντα τῇ νῦν γεννωμένῃ πολιτείᾳ κατασκευάζειν συλλογισαμένους καὶ ἐπανορθουμένους, ταῖς ἐμπειρίαις διαβασανίζοντας, ἕως ἂν ἱκανῶς αὐτῶν ἕκαστα δόξῃ κεῖσθαι, τότε δὲ τέλος ἐπιθέντας, ἀκίνητα οὕτως ἐπισφραγισαμένους, χρῆσθαι τὸν ἅπαντα βίον.
Private courts, being conducted in some such way, would have their proper measure; but as for the public and common courts, and those which the offices must use to administer the duties belonging to each office, there exist in many cities not a few decent legislative enactments of respectable men, from which the guardians of the laws must construct what is fitting for the constitution now being born, after collecting and correcting them, testing them by experience, until each of them seems to be sufficiently established; then, having put the final touch and sealed them as unalterable, they must use them for all time.
ὅσα δὲ περί τε σιγὴν δικαστῶν καὶ εὐφημίας καὶ τοὐναντίον, καὶ ὅσα παραλλάττει τῶν πολλῶν ἐν ταῖς ἄλλαις πόλεσιν δικαίων καὶ ἀγαθῶν καὶ καλῶν, τὰ μὲν εἴρηται, τὰ δʼ ἔτι πρὸς τῷ τέλει ῥηθήσεται.
Regarding the silence of judges and their solemn language or its opposite, and whatever differs from what is considered just, good, and beautiful in most other cities, some have been stated, and some will yet be stated towards the end.
πρὸς ἃ πάντα χρὴ τὸν μέλλοντα δικαστὴν ἴσον ἔσεσθαι κατὰ δίκην βλέπειν τε καὶ κεκτημένον γράμματα αὐτῶν πέρι μανθάνειν· πάντων γὰρ μαθημάτων κυριώτατα τοῦ τὸν μανθάνοντα βελτίω γίγνεσθαι τὰ περὶ τοὺς νόμους κείμενα, εἴπερ ὀρθῶς εἴη τεθέντα, γίγνοιτʼ ἄν, ἢ μάτην τοὔνομα νῷ προσῆκον κεκτῇτʼ ἂν ὁ θεῖος ἡμῖν καὶ θαυμαστὸς νόμος.
Toward all of these, the one who is to be an impartial judge according to justice must look, and, having acquired writings about them, must learn them; for of all studies, those concerning the established laws, if they are correctly laid down, would be the most sovereign for making the learner better, or else our divine and wonderful "law" (nomos) would in vain possess a name akin to "mind" (nous).
καὶ δὴ καὶ τῶν ἄλλων λόγων ὅσοι τε ἐν ποιήμασιν ἔπαινοι καὶ ψόγοι περί τινων λέγονται καὶ ὅσοι καταλογάδην, εἴτʼ ἐν γράμμασιν εἴτε καθʼ ἡμέραν ἐν ταῖς ἄλλαις πάσαις συνουσίαις διὰ φιλονικίας τε ἀμφισβητοῦνται καὶ διὰ συγχωρήσεων ἔστιν ὅτε καὶ μάλα ματαίων, τούτων πάντων ἂν βάσανος εἴη σαφὴς τὰ τοῦ νομοθέτου γράμματα, ἃ δεῖ κεκτημένον ἐν αὑτῷ, καθάπερ ἀλεξιφάρμακα τῶν ἄλλων λόγων, τὸν ἀγαθὸν δικαστὴν αὑτόν τε ὀρθοῦν καὶ τὴν πόλιν, τοῖς μὲν ἀγαθοῖς μονὰς τῶν δικαίων καὶ ἐπαύξησιν παρασκευάζοντα, τοῖς δὲ κακοῖς ἐξ ἀμαθίας καὶ ἀκολασίας καὶ δειλίας καὶ συλλήβδην πάσης ἀδικίας εἰς τὸ δυνατὸν μεταβολήν, ὅσοις ἰάσιμοι δόξαι τῶν κακῶν·
And indeed, concerning other discourses, both whatever praises and censures are spoken in poems about certain people, and whatever is in prose, whether in writings or day by day in all other social gatherings, disputed through rivalry and sometimes agreed upon through very foolish concessions, of all these, the writings of the legislator would be a clear touchstone, which the good judge must possess within himself as antidotes against other discourses, in order to guide both himself and the city aright, preparing for the good the preservation and growth of what is just, and for the bad, as many as have opinions of evils that are curable, a change as far as possible from ignorance, licentiousness, cowardice, and in short, all injustice.