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Diodorus Siculus · Bibliotheca Historica §13.35.1-13.35.5

The Legislation of Diocles and Its Spread in Sicily

Passage 214 of 723 · Greek

Summary

The Syracusans elected Diocles and others to draft laws, which were used throughout Sicily for a long time. The author explains the characteristics of Diocles' laws and his intention to write about him in detail due to neglect by other historians.

§13.35.1διόπερ οἱ Συρακόσιοι τοὺς φρονήσει διαφέροντας τῶν πολιτῶν εἵλοντο νομοθέτας, ὧν ἦν ἐπιφανέστατος Διοκλῆς.
Therefore, the Syracusans chose those of the citizens who excelled in wisdom as lawmakers, of whom Diocles was the most illustrious.
τοσοῦτο γὰρ τῶν ἄλλων διήνεγκε συνέσει καὶ δόξῃ, ὥστε τῆς νομοθεσίας ὑπὸ πάντων κοινῇ γραφείσης ὀνομασθῆναι τοὺς νόμους Διοκλέους. §13.35.2οὐ μόνον δὲ τὸν ἄνδρα τοῦτον ζῶντα ἐθαύμασαν οἱ Συρακόσιοι, ἀλλὰ καὶ τελευτήσαντα τιμαῖς ἡρωικαῖς ἐτίμησαν καὶ νεὼν ᾠκοδόμησαν δημοσίᾳ τὸν ὕστερον ὑπὸ Διονυσίου κατὰ τὴν τειχοποιίαν καθαιρεθέντα.
For he so far surpassed the others in intelligence and reputation that, although the legislation was drafted by all in common, the laws were called the "Laws of Diocles." And the Syracusans not only admired this man during his lifetime, but also honored him after his death with heroic honors and built a temple at public expense, which was later demolished by Dionysius during the building of the wall.
ἐθαυμάσθη δὲ ὁ ἀνὴρ οὗτος καὶ παρὰ τοῖς ἄλλοις Σικελιώταις·
And this man was also admired among the other Siceliots.
§13.35.3πολλαὶ γοῦν τῶν κατὰ τὴν νῆσον πόλεων χρώμεναι διετέλεσαν τοῖς τούτου νόμοις, μέχρι ὅτου πάντες οἱ Σικελιῶται τῆς Ῥωμαίων πολιτείας ἠξιώθησαν.
Indeed, many of the cities throughout the island continued to use his laws until all the Siceliots were deemed worthy of Roman citizenship.
οἱ δʼ οὖν Συρακόσιοι κατὰ τοὺς νεωτέρους χρόνους κατὰ μὲν Τιμολέοντα νομοθετήσαντος αὐτοῖς Κεφάλου, κατὰ δὲ τὸν Ἱέρωνα τὸν βασιλέα Πολυδώρου, οὐδέτερον αὐτῶν ὠνόμασαν νομοθέτην, ἀλλʼ ἢ ἐξηγητὴν τοῦ νομοθέτου, διὰ τὸ τοὺς νόμους γεγραμμένους ἀρχαίᾳ διαλέκτῳ δοκεῖν εἶναι δυσκατανοήτους.
At all events, in later times, although Cephalus drew up laws for the Syracusans in the time of Timoleon, and Polydorus in the time of King Hieron, they called neither of them "lawmaker," but rather "interpreter of the lawmaker," because the laws, being written in an ancient dialect, seemed difficult to understand.
§13.35.4μεγάλης δὲ οὔσης κατὰ τὴν νομοθεσίαν ἀναθεωρήσεως, μισοπόνηρος μὲν φαίνεται διὰ τὸ πάντων τῶν νομοθετῶν πικρότατα πρόστιμα θεῖναι κατὰ πάντων τῶν ἀδικούντων, δίκαιος δʼ ἐκ τοῦ περιττότερον τῶν πρὸ αὐτοῦ κατʼ ἀξίαν ἑκάστῳ τὸ ἐπιτίμιον ὑπάρξαι, πραγματικὸς δὲ καὶ πολύπειρος ἐκ τοῦ πᾶν ἔγκλημα καὶ πρᾶγμα δημόσιόν τε καὶ ἰδιωτικὸν ἀμφισβητούμενον ὡρισμένης ἀξιῶσαι τιμωρίας· ἔστι δὲ καὶ κατὰ τὴν λέξιν σύντομος καὶ πολλὴν τοῖς ἀναγινώσκουσιν ἀπολείπων ἀναθεώρησιν.
And although there is much room for study in his legislation, he appears to have been a hater of evil, from the fact that he established the harshest penalties of all the lawmakers against all wrongdoers; and just, from the fact that the punishment was apportioned to each according to his desert more precisely than by those before him; and practical and highly experienced, from the fact that he deemed every crime and every disputed matter, both public and private, worthy of a defined penalty; and he is also concise in his style, leaving much study to those who read him.
§13.35.5ἐμαρτύρησε δʼ αὐτοῦ τὴν ἀρετὴν καὶ τὴν σκληρότητα τῆς ψυχῆς ἡ περὶ τὴν τελευτὴν περιπέτεια.
And the dramatic turn of events surrounding his death bore witness to his virtue and the severity of his soul.
ταῦτα μὲν οὖν ἀκριβέστερον εἰπεῖν προήχθην διὰ τὸ τοὺς πλείους τῶν συγγραφέων ὀλιγωρότερον περὶ αὐτοῦ διειλέχθαι.
Now, I have been led to speak of these matters in greater detail because most of the historians have discussed him in a rather careless manner.

Notes

  1. 13.35.1τῆς νομοθεσίας ὑπὸ πάντων κοινῇ γραφείσης — Genitive absolute. Here it carries a concessive force ('although the legislation was drafted by all in common'), highlighting the remarkable fact in the main clause that the laws were named after him.
  2. 13.35.3διὰ τὸ τοὺς νόμους γεγραμμένους ἀρχαίᾳ διαλέκτῳ δοκεῖν εἶναι δυσκατανοήτους — Construction of the preposition διὰ with an articular infinitive clause in the accusative (τοὺς νόμους ... δοκεῖν...). The perfect passive participle γεγραμμένους modifies τοὺς νόμους (accusative plural masculine), which acts as the subject of the infinitive δοκεῖν. The adjective δυσκατανοήτους is the predicate accusative after δοκεῖν εἶναι, agreeing in case with the subject.
  3. 13.35.4μισοπόνηρος μὲν φαίνεται ... δίκαιος δʼ ἐκ ... πραγματικὸς δὲ ... — The predicate adjectives (μισοπόνηρος, δίκαιος, πραγματικὸς δὲ καὶ πολύπειρος) functioning as subject complements of the main verb φαίνεται are parallelled using the μέν ... δέ ... structure. The reasons supporting each characterization are indicated by the subsequent infinitive phrases introduced by διὰ τὸ and ἐκ τοῦ.

Cite this passage

Diodorus Siculus, Bibliotheca Historica §13.35.1-13.35.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0060.tlg001.humanitext-grc4:13.35.1-13.35.5

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