Book 8
845
Ath. And if any man wishes to harvest choice grapes or choice figs (as they are now called), he shall gather them how and when he will if they are from his own trees, but if they are from another man’s, and without his consent, he shall be fined every time, in pursuance of the law,Cp. Plat. Laws 913c, Plat. Laws 913d. thou shalt not shift what thou hast not set. And if a slave, without the consent of the master of the plots, touches any of such fruit, he shall be beaten with stripes as many as the grapes in the bunch or the figs on the fig-tree. If a resident alien buys a choice crop, he shall harvest it if he wishes. If a foreigner sojourning in the country desires to eat of the crop as he passes along the road, he, with one attendant, shall, if he wishes, take some of the choice fruit with-out price, as a gift of hospitality; but the law shall forbid our foreigners to share in the so-called coarse fruit, and the like; and should either a master or a slave touch these, in ignorance, the slave shall be punished with stripes, and the free man shall be sent off with a reproof and be instructed to touch only the other crop, which is unfitted for storing to make raisins for wine or dried figs. As to pears, apples, pomegranates, and all such fruits, it shall be no disgrace to take them privily; but the man that is caught at it, if he be under thirty years of age, shall be beaten and driven off without wounds; and for such blows a free man shall have no right to sue. A foreigner shall be allowed to share in these fruits in the same way as in the grape crop; and if a man above thirty touch them, eating on the spot and not taking any away, he shall have a share in all such fruits, like the foreigner; but if he disobeys the law, he shall be liable to be disqualified in seeking honors, in case anyone brings these facts to the notice of the judges at the time. Water above all else in a garden is nourishing; but it is easy to spoil. For while soil and sun and wind, which jointly with water nourish growing plants, are not easy to spoil by means of sorcery or diverting or theft, all these things may happen to water; hence it requires the assistance of law. Let this, then, be the law concerning it:—if anyone wantonly spoil another man’s water, whether in spring or in pond, by means of sorcery, digging, or theft, the injured party shall sue him before the city-stewards, recording the amount of the damage sustained; and whosoever is convicted of damaging by poisons shall, in addition to the fine, clean out the springs or the basin of the water, in whatever way the laws of the interpreters declare it right for the purification to be made on each occasion and for each plaintiff.
