Sylloge Inscriptionum Graecarum: 953


Greek text:   TitCal_79 , TitCal_7
Date:   300-286 B.C.
Tags:     arbitration ,   loans+debts
Format:   see key to translations

These inscriptions contain an unusually detailed description of the legal process for resolving an inter-state dispute; see the summary by S.L.Ager, "Interstate Arbitrations in the Greek World, 337-90 B.C.", no. 21 ( Google Books ).   There is a French translation of both inscriptions with a thorough discussion by A.Cassayre, "La justice sur les pierres", nos. 11 & 12 ( PDF ).

Part B begins with the formal statement of the heirs of Diagoras; no doubt the inscription originally included the formal statement of the Kalymnians, which has been lost in the gap between A and B.

[A]   [It was resolved by the council and the people {of Knidos}, as recommended by] the generals Leontiadas son [of . . ., . . .], Peitharatos son of . . ., . . . son of Akroteles, Erasikles son of . . ., . . ., about the lawsuit which [the children of Diagoras son of Pausimachos] along with their guardians - Philinos [son of Diokles, Aristodamos, Aglaos], Teisias and Aristeus - brought against the city [of the Kalymnians];   [since] the children of Diagoras and [their guardians - Philinos son of Diokles], Aristodamos, Aglaos, [Teisias and Aristeus] - made [an accusation against the people, and now the city] of Kalymna [has sent] public advocates 10 [to bring a counter-charge] - Aratidas, (?) Epigonos, . . ., ...sthenes and Thebadas - [according to the instruction {prostagma} that was issued by king Demetrios to the peoples] of Kalymna and Kos [and the joint] discussions [between each of them; therefore it is resolved] that the generals [shall proclaim a day to judge the lawsuit between the sons of Diagoras and the city] of Kalymna. [When they each] have supplied [documents, the generals in office] shall receive [from the] sons of Diagoras and the [guardians copies of the accusation] that the sons of Diagoras have made [concerning the debt of Pausimachos, within] five days; if they do not [hand over the accusation to the generals] 20 as prescribed, [the generals shall] not [bring the case to court]; they shall also receive a copy of the [counter-charge given to the] public advocates of the Kalymnians, within [five] days; [if the Kalymnians do not give the copy to them], they shall determine that the children of Diagoras have won the lawsuit, nor shall the sum claimed [in] the documents [be] (?) any less than that. The generals shall administer an oath to the judges who judge the case [in front of] the court-house before [the lawsuit is heard], while sacrificial offerings are [burnt]; and the oath shall be as follows. "By Zeus and Apollo Lykios [and Gaia, I will judge concerning] the sworn statements made by the opponents in the lawsuit with [the most just] opinion possible, and I will not make a judgement on the basis of the evidence of a witness if he does not [seem] to be speaking [the truth]. 30 Neither I or any other man or woman associated with me has received gifts [from anyone] for this lawsuit, by any [means or device]. If I abide by my oath may it be well for me, but if I break my oath may it be [the opposite]."

The decree and the legal challenges and any other document that is needed shall be brought [from] the public archive and each party in the lawsuit shall place them in the courthouse, sealed with the public seal of each city, in accordance with the decrees of each city; they shall hand over the documents to the generals, and the generals shall open them and shall provide all the documents in the court-house for both parties in the lawsuit. Each party shall also place their evidence in the court-house before the case is heard. The first speech of each party in the case shall be delivered within 18 choes of the water-clock, 40 and the second speech shall be delivered within ten choes. Each party, shall be able to present four advocates, and the advocates shall be able to act as witnesses. The secretary provided by each party shall read out the decrees and the legal challenges and the statement of the lawsuit and any other document that has been brought from the public archive, along with the evidence, without any timing by the water-clock. Any witness who it able to be present shall give evidence in person in the court-house, but those witnesses who are unable to be present in the court-house shall make a deposition with the presidents {prostatai} of each city on the 24th day of the month of Batromios as the Kalymnians reckon, which is the month of Kaphisios as the Koans reckon, 50 in the presence of their opponents in the lawsuit if they so wish; and the witnesses shall swear the customary oath for their evidence, that their evidence is true and that they are unable to be present in the court-house; the presidents shall seal the evidence presented to them with the public seal, and their opponents in the lawsuit may also seal it, if they so wish; and the presidents shall promptly give copies of the evidence to their opponents in the lawsuit. The presidents shall dispatch copies of all the evidence presented in Kos, some sealed with the public seal and others unsealed, to the presidents in Kalymna within twenty days from when the evidence is presented. 60 Similarly the presidents in Kalymna shall dispatch copies of all the evidence presented to them, some sealed with the public seal and others unsealed, to the presidents in Kos within twenty days from when the evidence is presented; and the presidents in Kalymna shall do the other things concerning the evidence, just as is prescribed for the presidents in Kos to do. Philinos shall [provide] security in Kos for any Kalymnians who come to Kos to listen to the evidence; and the generals shall give them each the opportunity to examine the witnesses, one by one, after the first [speeches in the case]; each of them shall examine the witnesses, on matters related [to the case], 70 but on nothing else, and the generals shall force the opposing party [to reply] to anything asked by the [witness; if he does not understand the] question, he may ask the [opposing party] for more explanation concerning it. [If the] speeches of both parties are not completed [within the time allocated by the water-clock], they shall continue speaking until the water flows out. When the speeches have been completed, the generals shall administer a vote [as promptly as possible].

* * *

[B]   . . . [and when the people of Kalymna sent Aratidas, Epigonos, . . ., ...sthenes and Thebadas as public advocates to Knidos to make] a sworn statement of the accusations, [and against Philinos son of Diokles], Aristodamos, Aglaos, [Teisias, Aristeus and] the children [of Diagoras] - against the said persons they have placed [this document] with the generals of Knidos [who were in office] when Alkimachos was damiorgos. When the money [handed over] to us from the debt of Pausimachos and Hippokrates has been deducted, and after the removal of the talent which the Kalymnians claim was removed by Pausimachos and Kleomedes, and of the bowls and the woods, and when the fifth part of the payments has been deducted, 10 which the Kalymnians claim he paid to Pausimachos and Kleomedes, according to the agreement that the Kalymnians claim was made with Pausimachos and Kleomedes - in all of which matters the heirs of Kleomedes contradict them - out of all this, when the portion which we have found to be accruing to the debt owed to Hippokrates has been deducted, and that larger sum of money has been deducted which the Kalymnians claim he paid to Kleomedes, and all the other payments have been deducted, which we recorded in the response that the people of Kos gave to the people of Kalymna and that was received by the messengers who came to Kos - 20 Exakestos, Charikleidas, Aratophantos, Aratidas and Euxiphantos - these payments that we recorded and maintained should be kept by the heirs of Hippokrates towards the debt owed by the Kalymnians to Hippokrates at the beginning of the month of Kaphisios in the the year of Hermonax. When we asked for our part of the remainder of this money, with the interest, the Kalymnians did not pay it, saying that they had paid it together with the interest on it to Kleomedes son of Hippokrates and Kleophantos son of Kleomedes. They value of the money 30 which we are claiming in this lawsuit is thirty talents.

Acquittal of the defendants; votes for condemnation: 78; votes for acquittal: 126; on the 17th day of the month of Elaphrios, when Alkimachos was damiorgos. The advocate for the children of Diagoras was Philinos of Kos, the son of Diokles; the advocates for the city of Kalymna were Hekatonymos of Miletos the son of Prytanis, Exakestos of Kalymna the son of Alkinos, and Aratophantos of Kalymna the son of Aristolas.

[C]   Recommendation of the presidents: since Hekatonymos of Miletos, the son of Prytanis, from former times has continually shown goodwill towards the people of Kalymna, and now when we were accused in court by the sons of Diagoras and Philinos, and were in danger for our fatherland, he came in response to our summons; [he showed] goodwill toward the people in other ways, and when he was appointed as an advocate [for the people] 10 in the law-court provided for us by the Knidians in accordance with the instruction of king Demetrios, by speaking concerning the justice of our claims he disproved the charges against us and prevented the city from being falsely accused, and helped to persuade the panel of Knidian judges concerning all that was just, joining with us to oppose the enemies of our fatherland; therefore it is resolved by the people, so that everyone may know 20 that the Kalymnians understand how to render fitting thanks to their benefactors, that Hekatonymos of Miletos the son of Prytanis shall be a citizen of the deme of Kalymna; [he shall have] the right to own property and privileged seating at games [and freedom] from all [taxes] . . .

Attalus' home page   |   22.02.18   |   Any comments?