§97.1Fr. 97
μὲν οὖν ὑπὸ κήρυκος κελεύουσι πωλεῖν καὶ προκηρύττειν ἐκ πλειόνων ἡμερῶν·
Now, some order to sell through a herald and to make public announcements many days in advance.
οἱ δὲ παρʼ ἀρχῇ τινὶ καθάπερ καὶ Πιττακὸς παρὰ βασιλεῦσι καὶ πρυτάνει·
Others order this to be done before a certain authority, as Pittacus ordered before the kings and the prytanis.
ἔνιοι δὲ προγράφειν παρὰ τῇ ἀρχῇ πρὸ ἡμερῶν μὴ ἐλαττόνων ἢ ἑξήκοντα καθάπερ Ἀθήνῃσι, καὶ τὸν πριάμενον ἑκατοστὴν τιθέναι τῆς τιμῆς ὅπως διαμφισβητῆσαί τε ἐξῇ καὶ διαμαρτύρεσθαι τῷ βουλομένῳ καὶ ὁ δικαίως ἐωνημένος φανερὸς ᾖ τῷ τέλει·
And some order public notice to be posted before the authority not less than sixty days in advance, as at Athens, and that the buyer pay one-hundredth of the price, so that it may be possible for anyone who wishes to dispute and lodge a protest, and so that the one who has bought justly may become manifest by the payment of the tax.
παρὰ δέ τισι προκηρύττειν κελεύουι πρὸ τοῦ κατακυρωθῆναι πένθʼ ἡμέρας συνεχῶς, εἴ τις ἐνίσταται ἢ ἀντιποιῆται τοῦ κτήματος ἢ τῆς οἰκίας· ὡσαύτως δὲ καὶ ἐπὶ τῶν ὑποθέσεων ὥσπερ καὶ ἐν τοῖς Κυζικηνῶν.
Among others, they order public announcements to be made continuously for five days before the confirmation of the sale, in case anyone opposes or lays claim to the estate or the house; and likewise also in the case of mortgages, as in the laws of the Cyzicenes.
§97.2Οἱ δὲ Θουριακοὶ τὰ μὲν τοιαῦτα πάντα ἀφαιροῦσιν οὐδʼ ἐν ἀγορᾷ πράττουσι προστάττουσι libri ὥσπερ τἆλλα, διδόναι δὲ κελεύουσι κοινῇ τῶν γειτόνων τῶν ἐγγυτάτω τρισὶ νόμισμά τι βραχὺ μνήμης ἕνεκα καὶ μαρτυρίας.
But the Thuriens abolish all such practices and do not even transact in the market-place as they do for other things, but order the buyer to give a small coin to three of the nearest neighbors in common, for the sake of memory and testimony.
Ἀναγκαῖον δῆλον ὅτι τοῖς μὲν τὰς ἀρχὰς ὑπευθύνους ποιεῖν τοῖς δὲ τοὺς γείτονας ἐὰν μὴ λάβωσι, ἢ δὶς παρὰ τοῦ αὐτοῦ λάβωσιν, ἢ ἔχοντες μὴ λέγωσι τῶν ἐωνηυ μένων.
It is clear that it is necessary, on the one hand, to make the authorities responsible, and on the other hand, to make the neighbors responsible if they do not receive it, or if they receive it twice from the same person, or if having received it they do not speak of the purchase.
Οὐ χρὴ δʼ ἀγνοεῖν ὅτι αἱ προγραφαὶ καὶ αἱ προκηρύξεις καὶ ὅλως ὅσα πρὸς τὰς ἀμφισβητήσεις ἐστὶ πάντη τὰ πλεῖστα διʼ ἔλλειψιν ἑτέρου νόμου τίθεται.
One must not fail to recognize that postings and public announcements, and in general all that concerns disputes, are for the most part established everywhere due to the lack of another law.
Παρʼ οἷς γὰρ ἀναγραφὴ τῶν κτημάτων ἐστὶ καὶ τῶν συμβολαίων, ἐξ ἐκείνων ἐστὶ μαθεῖν, εἰ ἐλεύθερα καὶ ἀνέπαφα καὶ τὰ αὐτοῦ πωλεῖ δικαίως· εὐθὺς γὰρ καὶ μετεγγράφει ἡ ἀρχὴ τὸν ἐωνημένον.
For among those where there is a registration of properties and contracts, it is possible to learn from these whether the property is free, unencumbered, and whether the seller is selling what is his own justly; for the authority immediately transfers the registration to the buyer.
§97.3Ἐπεῖ δὲ καὶ προστασίας τινὲς ὠνοῦνται καὶ πωλοῦσιν ἀπαλλοτριοῦν ἐθέλοντες ὀρθῶς ἔχει καὶ πρὸς ταῦτα νομοθετεῖν, ὅπερ καὶ ποιοῦσιν, ἅμα ταῦτά τε βούλου μένοι κωλύειν καὶ τὴν ἐμφανῆ ποιεῖν ὥσπερ ἐν τοῖς ἐνίων·
Since some also buy and sell patronages, wishing to alienate them, it is right to legislate for these things too, which indeed they do, wishing both to prevent these practices and to make them manifest, as in the laws of some people.
κελεύουσι γὰρ ἐάν τις οἰκίαν πρίηται θύειν ἐπὶ τοῦ Ἀπόλλωνος τοῦ ἐπικωμαίου· ἐὰν δὲ χωρίον ἐπὶ τῆς κώμης ᾗ αὐτὸς οἰκεῖ καὶ ὀμνύειν ἐναντίον τῆς ἀρχῆς ἐγγραφούσης καὶ κωμητῶν τριῶν ᾖ μὴν ὠνεῖεσθαι δικαίως ὡς μηδὲν συγκακουργοῦντα μήτε τέχνῃ μήτε μηχανῇ μηδεμιᾷ, τὸν αὐτὸν δὲ τρόπον καὶ τὸν πωλοῦντα πωλεῖν ἀδόλως.
For they order that if someone buys a house, he must sacrifice to Apollo of the neighborhood; and if he buys land, in the village where he himself dwells, and swear before the registering authority and three villagers that he is buying justly, without being accomplice to any fraud by any artifice or device, and in the same way that the seller also sells without guile.
Τὸν δὲ μὴ οἰκοῦντα ἐν ἄστει θύειν τὸν ὅρκον ἐπὶ τοῦ Διὸς τοῦ ἀγοραίου, τὴν δὲ θυσίαν τῶν ἐλαττόνων εἶναι θυλήμασιν, ἄνευ δὲ τούτων μὴ ἐγγράφειν τὴν ἀρχήν· ἅμα καὶ ἐν τῷ ὅρκῳ προσορμίζειν αὐτὴν ἐὰν μὴ ὀμνύωσι μηδὲ ἐγγράψειν τὴν ὠνήν.
And they order that he who does not dwell in the city should sacrifice and swear the oath before Zeus of the market-place, and that the sacrifice should consist of cheaper offerings of meal, and without these the authority should not register the sale; and at the same time, the authority itself should bind itself in the oath not to register the sale if they do not swear.
§97.4Οὗτοι μέντοι πρὸς ἀμφότερα μᾶλλον δὲ πρὸς πάντα βούλονται πεφυλάχθαι καθάπερ ἴσως καὶ δεῖ·
These people, however, wish to be guarded against both, or rather against all things, as is perhaps necessary.
κυρία δὲ ἡ ὠνὴ καὶ ἡ πρᾶσις εἴς μὲν κτῆσιν ὅταν ἡ τιμὴ δοθῇ καὶ τὰ ἐκ τῶν νόμων ποιήσωσιν, οἷον ἀναγραφὴν ἢ ὅρκον ἢ τοῖς γείτοσι τὸ γιγνόμενον, εἰς δὲ τὴν παράδοσιν καὶ εἰς αὐτὸ τὸ πωλεῖν ὅταν ἀραβῶνα λάβῃ.
A sale and purchase is valid, on the one hand, for acquisition, when the price has been paid and they have performed what is required by the laws, such as registration, the oath, or the payment due to the neighbors; and on the other hand, for the delivery and the sale itself, when the earnest money has been received.
Σχεδὸν γὰρ οὕτως οἱ πολλοὶ νομοθετοῦσιν·
For almost all legislate in this way.
ἀλλὰ τοῦτο προσδιοριστέον ἐὰν μὴ παρὰ μεθύοντος μηδʼ ἐξ ὀργῆς μηδὲ φιλονεικίας μηδὲ παρανομοῦντος ἀλλὰ φρονοῦντος καὶ τὸ ὅλον δικαίως, ὅπερ κἀκεῖ προσθετέον ὅταν ἀφορίζῃ παρʼ ὧν δεῖ ὠνεῖσθαι.
But this must be further specified: provided it is not from a drunken person, nor out of anger or rivalry, nor from one acting illegally, but from one who is sensible and entirely just, which must also be added there when defining from whom one ought to buy.
Τάττουσι δέ τινες καὶ τὸν ἀραβῶνα πόσον δεῖ διδόναι πρὸς τὸ πλῆθος τῆς τιμῆς μερίζοντες· ἄτοπον γὰρ ἐὰν δακτύλιον δῷ τῶν δέκα ταλάντων.
Some also prescribe how much earnest money must be given, dividing it in proportion to the total price; for it is absurd if one gives a ring for a transaction of ten talents.
Ἔοικε γὰρ ἐκ καιροῦ τὰ τοιαῦτα καὶ πάθους γίγνεσθαι· δεῖ δʼ ἐκ προαιρέσεως· οὕτω γὰρ ἔσται τὸ δίκαιον.
For such things seem to happen out of occasion and passion; but they ought to happen out of deliberate choice; for thus justice will be preserved.
§97.5Ἐὰν δὲ λαβὼν ἀραβῶνα μὴ δέχηται τὴν τιμὴν ἢ δοὺς μὴ καταβάλῃ ἐν τῷ ὡρισμένῳ χρόνῳ - δεῖ γὰρ ὡρίσθαι καθάπερ ἐν τοῖς Θουρίων τὸν μὲν ἀραβῶνα παραχρῆμα τὴν δὲ τιμὴν αὐθήμερον· οἱ δὲ καὶ πλείους ἡμέρας τίθενται τῆς τιὸ μῆς, οἱ δὲ ἁπλῶς ὅσας ἂν ὁμολογήσωσι - τὸ δὲ ἐπιτίμιον ἑκατέρῳ, πότερον τῷ μὲν στέρησις τοῦ ἀραβῶνος·
If, after receiving the earnest money, the seller does not accept the price, or having given it, the buyer does not pay within the prescribed time—for it must be prescribed, as in the laws of the Thuriens, that the earnest money be paid immediately and the price on the same day; while others set more days for the price, and some simply as many as they agree upon—what is the penalty for each? For the one, is it the forfeiture of the earnest money?
οὕτω γὰρ σχεδὸν οἵ τε ἄλλοι κελεύουσι καὶ οἱ Θουριακοί·
For almost all others and the Thuriens order this.
τῷ δὲ μὴ δεχομένῳ ἔκτισις ὅσου ἂν ἀποδῶται·
For the one who does not accept, is it the payment of as much as he is selling for?
καὶ γὰρ τοῦτο ἐν τοῖς Θουρίων ἡ ἄνισος ζημία· πολλαπλασία γὰρ ἡ τιμὴ τοῦ ἀραβῶνος·
For indeed, this is the unequal penalty in the laws of the Thuriens; for the price is many times the earnest money.
ἔτι δὲ καὶ βλάπτοιτʼ ἂν ὁ ἀποδόμενος ἀφεὶς ἑκατέρους ἐπειδή τις ἐφ' ἡμέραν μίαν ὁρίσειεν· οὕτω γὰρ μάλιστ' ἐνδέχεται. τιμήν·
Furthermore, the seller might also be harmed by letting go of both, since someone might prescribe a single day; for in this way it is most possible.
πότερον δὲ ἕως ἂν κομίσηται κύριον εἶναι τοῦ κτήματος;
And is the buyer master of the property until he receives the price?
οὕτω γὰρ οἱ πολλοὶ νομοθετοῦσιν·
For most people legislate in this way.
ἢ ὥσπερ Χαρώνδας καὶ Πλάτων;
Or should it be as Charondas and Plato did?
οὗτοι γὰρ παραχρῆμα κελεύουσι διδόναι καὶ λαμβάνειν· ἐὰν δέ τις πιστεύσῃ, μὴ εἶναι δίκην· αὐτὸν γὰρ αἴτιον εἶναι τῆς ἀδικίας.
For they order to pay and receive immediately; and if someone trusts, there is no action at law; for he himself is the cause of the injustice.