Translations of Hellenistic Inscriptions: 35


Greek text:   (A-B) FD_3.1.486 ,   (C) FD_3.1.426
Provenance:     Delphi
Date:   c. 285-280 B.C.
Tags:     treaties-cities
Format:   see key to translations

'Pellana' in this treaty is the city of Pellene in Achaea, which was almost directly opposite Delphi on the other side of the Corinthian Gulf. The judicial provisions of the treaty may have helped to regulate economic activity between the two cities.

The translation follows the revised text of S. Cataldi, "Commento storico-giuridico al trattato di assistenza giudiziaria tra Delfi e Pellana" ( ASNP, 1977,� pp.459-573 ). The inscription has survived in many fragments; only fragments containing some continuous text have been translated here.

The separate inscription C probably honoured one of the men who negotiated the treaty.

[A1]   . . . [If the defendant admits his guilt or does not obey the summons, the plaintiff shall receive his] lawful compensation; [but if] the defendant obeys the summons and is present for the trial, and does not [admit his guilt, they shall choose by lot juries] of eleven men [for offences with a value of five minas or] less; and for offences with a value between five and ten minas [or even more, juries of fifteen men]. [No-one] who [is alleged to be involved] in the same offence may appear as a witness on either side; [nor may a father], a wife's father or a brother appear as a witness. Before drawing lots for the law-court, the magistrate shall announce [the day, on which the plaintiff should provide to the magistrate who initiates the trial details [of the offence, as prescribed] in the convention.

OATH.   They shall administer an oath to the jurors and the two parties, each [using the oath] established by law in their city, and the city in which the trial takes place shall provide [the sacrificial victims]; they shall swear, [as they shed] the blood of the victims, [that they will judge justly], and will grant the defendant and plaintiff [an equal amount of time] in which they may speak during the assessment.

10 [As for the two parties], after the evidence of the witnesses the plaintiff shall speak first. [If they wish, there shall be an assessment] of the evidence [and] of any alleged false witnesses, before the trial is completed. If anyone is found to have given false [evidence, it shall be permitted] for anyone who wishes [to prosecute them].

CASTING OF VOTES.   The jurors [shall cast their votes firstly for the one who spoke first, and] then for the one who spoke second.

If there [is] no assessment of the witnesses, [the presiding magistrate shall exact the penalty in accordance with the convention].

If anyone wishes to send the case for retrial, [the trial shall be renewed for him within thirty days, after he has provided] two trustworthy [guarantors].

[A3]   . . . if the one who appeals to an outside city is successful in his [appeal] . . . not give judicial assistance either to the one being judged [or to anyone else] . . . [if the one who wins the case] takes away [what was not] handed over to him, or takes possession of the property of the convicted man . . . [he shall liable to pay the damages] . . . immediately of it and half again; and if he does not release the money due, prevails . . . the exaction, and the presiding magistrates shall perform this in accordance with the convention about those who owe penalties imposed by the courts . . . the man who obtains the conviction of his opponent shall announce [the conviction to the magistrates in each city . . . to announce] the lawsuits to the Pellanians and the Delphians around the [(?) Theoxenia] . . . 20 [and to introduce the lawsuits throughout] all the time; and all the other accusations [which are not] . . . [resolved in three] years from when the convention was made, unless a war [has occurred] . . . [it happens that] at least a third [of the citizens] have gone abroad on a military expedition . . . [or one] of [the parties] has gone away from the city as a soldier or an envoy . . . the day count shall commence for them immediately [from when they return] . . . two thousand drachmas . . .

[A4]   . . . in the Peloponnese and inside Thermopylae what is necessary . . .

[B1]   . . . If someone buys one of those who have been taken [by force], he shall pay a penalty of a hundred [drachmas, and it shall not be permitted for the person] to be sold [to him]. A Delphian [shall not] take a Pellanian by force, nor shall a Pellanian take a Delphian, unless they tell him to do so. [If] he buys a person [although he knows that he is free-born], he shall lose the payment [and] he shall be liable to pay whatever fine the jurors decide, [in accordance with the laws of the city]; the jurors shall determine the value of all animals and slaves.

THEFT.   [If anyone is caught] in the act [of stealing], the other shall seize him and bind him and then take him, in Delphi to the council inside the temple, [and] in [(?) the temple] after providing a trustworthy guarantor . . . in Delphi, and in Pellana he shall go to the theoroi [and show them] the relevant section of the convention, and the name of the guarantor shall be recorded; if the accused man does not provide a guarantor, the council shall bind him [and keep him in prison. The magistrates] shall accept a surety for up to thirty days from the man who makes the arrest, if they wish, that if he is found guilty, [he will] pay [or be liable to a debt of] whatever penalty the jurors decide. [If] they do not receive a surety, they shall use the laws [concerning debtors] against him; [if] he makes a request to the council, and [also the magistrates] accept the guarantors, with a suitable security deposited . . .

[B3]   . . . if anyone concerning a public [prosecution] . . . [argues that it has wrongly] been registered against him, 10 he may charge [the magistrate who introduces the motion with acting illegally] . . . if he wishes; if this charge is upheld, [neither the accuser nor any other person may] bring a lawsuit against him; the false accuser [shall pay a penalty] of one thousand drachmas to the victim, together with [whatever] damages [the jurors decide]; [if] he uses force to resist [the debt], he shall pay in addition fifty drachmas.

THEFT.   [If anyone is found guilty of theft, he shall pay a fine of double the] estimated value of what was stolen. [If] externally [a Delphian lays claim to the property of a Pellanian, or a Pellanian lays claim to the property] of a Delphian, the possessor may respond to the one who lays claim to it, providing [to the magistrate who is introducing the case] a guarantor who is of good standing and a trustworthy man, that what [he possesses] in Delphi or Pellana [was rightfully acquired in accordance with the laws of the city]; it shall be permitted for the one to refuse to accept the response, saying [that he has justly laid claim to the property, and for the other to demonstrate] that he is giving the response justly, in the same way that he acquired it. If [the possessor] does not give the response within the [prescribed] time, [the response] shall be [ineffective and invalid]. If the possessor does not provide a guarantor, [the one who lays claim to the property] shall be permitted [to recover the cost or] the damages. 20 If this does not happen, [the possessor shall be liable to pay] double the value of the property and the damages [to the one who lays claim to it, and] he shall also pay a reward and a fine of five hundred drachmas, [in accordance with the convention about those convicted of theft. If [the possessor] hands over something other than the property under dispute, he shall be recorded as owing twice the value, [and the one who lays claim to it shall give back what he received].

[If anyone seizes] a runaway [slave], in Delphi and [in Pellana, he shall take the slave to the presiding magistrates, and they shall receive the slave] and bind him and keep him under guard, informing [the magistrates] . . . . . . for the master of the slave to come after him, and it shall not be permitted [to exact] a reward . . .

[C]   Gods.   [The Delphians] granted to Phillis of Pellana, the son of Ageas, both for himself and for his descendants: proxeny, priority in consulting the oracle, privileged seating, priority in bringing lawsuits against Delphians, inviolability in all respects, and the other privileges which are granted to other proxenoi and benefactors.   When Ornichidas was archon, and the members of the council were Hipparchos, Kallikrates and Charixenos.

Concerning the Pellanians.

inscription 36

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