Supplementum Epigraphicum Graecum: 29.1130bis


Greek text:   Klazomenai_3 , Klazomenai_4
Provenance:   Klazomenai , Ionia
Date:   200-150 B.C.
Tags:     arbitration ,   oaths
Format:   see key to translations

Two different but related texts were inscribed on either side of a stone, which was found at an unknown location, probably near Klazomenai.   Side A contains the decision of judges from Knidos, who were called in to arbitrate in a border dispute between Temnos and Klazomenai. Side B contains provisions for the settlement of lawsuits between residents of the two cities, no doubt with the intention of avoiding disputes in the future.

For some comments on the arbitration, see S.L.Ager, "Interstate Arbitrations in the Greek World, 337-90 B.C.", no. 71 ( Google Books ). There is a French translation of text B by A.Cassayre, "La justice sur les pierres", no. 27 ( PDF ).

[A]   The judges of the Knidians - [to whom they entrusted] the responsibility for making an enquiry - [issued this decision] concerning the accusations that were published by the Temnites and the Klazomenians. Their names were: Thales, Xenodotos, Hagesikrates, Python, Kaphisodoros and ...doros.

The judges held the enquiry in the manner that seemed to them most just and advantageous to the two peoples and that would enable the previously existing friendship and goodwill between the cites to remain, in accordance with their previous kindnesses to each other, and that would cause the quarrel which arose between them about the disputed matters to [cease], 10 and that would firmly restore the cities in friendship with each other.

Concerning the accusations arising from the war, made by the Temnites and Klazomenians against each other - since the accusations were serious and included things that would hinder the restoration of friendship and indeed proceeded as far as outright hostility - we supposed that it would be best to let nothing remain that was contrary to or an obstacle to the pre-existing good relations between them; and we made the enquiry in accordance with the wishes of the people, which we ourselves set out, and with what was advantageous to those who entrusted the [decision] to us.

20 Therefore we have decided that the cities shall be reconciled about the accusations arising from the [war], and it shall not be possible to bring any further accusations, but there shall be an amnesty for all time. We have decided, concerning the [accusation] which the Temnites made against the Klazomenians about the [precinct] and the graves, that the Klazomenians shall be held not guilty of the charges, because the Temnites provided no proof [of their accusation] through which they could make it clear that the offences alleged by them [were] (?) different, but quite the opposite they demonstrated through their charges that they were coming to make the accusation with false information, when certain men informed them that their neighbours were trampling on . . . 30 and moving some of the stones that marked [the boundary] of the precinct dedicated to the gods, and some of the ancestral property had been removed from the precinct, and from the place . . . having demonstrated this again . . . some of the defined . . . had been moved and destroyed . . . and after this . . .

[B]   . . . in the month of . . . and to send the . . . of a tenth, carrying (?) for the delegate . . . sealed with the public seal . . . the magistrates of each [city shall register] the lawsuits . . . in the morning when the agora is full they shall inscribe . . . [the accusations] and display them in the agora where anyone who [wishes] can look at them, and . . . the cities as is written in [the agreement.] 10 If either of the cities does not send the delegate to request the tribunal, it shall pay six thousand Alexandrian drachmas to the other city and the lawsuits shall take place, for those being judged, in the following year. If the delegate who is sent does not go to the appointed city and does not request the tribunal, he shall owe a fine of one thousand drachmas and the lawsuits shall take place, for those being judged, in the following year. The delegate . . . shall not take part in any lawsuit . . . nor shall he act as advocate nor . . . any other offence. [If] he acts as judge, the delegate shall be liable . . . the offences in respect of which he became a delegate . . . 20 the [city] that sent him shall pay the penalties on his behalf . . . shall send [a delegate] for all the judgements in respect of the . . . [If] he is [not] able to attend or dies [before the] lawsuits are finished, the city shall send another [delegate] to the tribunal.

The eisagōgeis shall swear an oath on newly-burnt offerings every day in the presence of the delegate, and the city initiating the lawsuits shall provide the offerings for the . . . lawsuits and both cities shall provide offerings in the appointed city. The oath shall be as follows: "I shall judge the lawsuits for the Temnites and Klazomenians and the foreign residents and the others dwelling in the cities, who are involved in the lawsuits, according to the terms of the agreement; 30 in matters concerning which there is nothing written in the agreement, I will judge with the most just opinion, and in cases where a fine is payable on condemnation, I will estimate the fine that is due. I have not accepted nor will I accept any gifts on account of the lawsuits, neither I myself nor any man or woman on my behalf, by any method or device; and I will not make judgement based on the evidence of a witness if I do not think that they are giving truthful evidence." They shall swear by the gods of oaths that "if I keep my oath, may it be well for me, but if I break my oath, may it be the opposite."

Those who shall not be judges: a father shall not make judgement on his son, or a son on his father, or a brother on his brother, or nephews or paternal and maternal uncles or sons-in-law or fathers-in-law 40 or those involved in the lawsuit or proxenoi or the eisagōgeis of the cases or those who receive maintenance from the city; if anyone who is debarred by the [agreement] acts as judge contrary to these stipulations, the judge shall pay a fine to the person judged of one-fifth of the declared value of the case that he judged, and he shall be liable to prosecution. None of these persons listed above shall come as a delegate. If any relative listed above comes as a delegate, he shall pay a fine of one-fifth of the value of the case to the other party in the case, and he shall be liable to prosecution for damages by the victim.

How the opposing parties in the cases shall make a formal oath. The opposing parties shall make an oath in the court-house before their case is heard, on the same offerings that the delegates swear on, and they shall include in their oath: "I have not given nor will I give any gifts on account of the lawsuit, 50 neither I myself nor any man or woman on my behalf, by any method or device." They shall curse solemnly that if they keep their oath, it may be well for them, but if they break their oath, it may be the opposite. As for orphans or anyone else who has a guardian, they shall swear following their guardians. If anyone who is sent in accordance with the agreement takes part in a lawsuit [on behalf of someone else], he shall make a formal oath that that the person who sent him swore to him [in the presence of the] delegate and the magistrates that his oath concerning the case was truthful, and he shall swear in addition that the facts seem to him to be [true], concerning which he is taking part in the lawsuit on behalf of the one who sent him . . . he shall make his oath on the same offerings that the judges swear on, before [the cases] are heard, that it seems to him right that the person on whose behalf he is speaking should win the case.

. . . of false evidence. If anyone wishes [to accuse one] of the witnesses of giving false evidence, 60 he shall denounce [him] before . . . of the evidence given . . . the opposing parties in the case shall give [a copy] of the evidence, sealed [with the public seal], and in the city . . .

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