When a man makes an agreement which he does not fulfil,unless the agreement be of a nature which the law or a vote of the assembly does not allow,or which he has made under the influence of some unjust compulsion,or which he is prevented from fulfilling against his will by some unexpected chance,the other party may go to law with him in the courts of the tribes,for not having completed his agreement,if the parties are not able previously to come to terms before arbiters or before their neighbours.The class of craftsmen who have furnished human life with the arts is dedicated to Hephaestus and Athene;and there is a class of craftsmen who preserve the works of all craftsmen by arts of defence,the votaries of Ares and Athene,to which divinities they too are rightly dedicated.All these continue through life serving the country and the people;some of them are leaders in battle;others make for hire implements and works,and they ought not to deceive in such matters,out of respect to the Gods who are their ancestors.If any craftsman through indolence omit to execute his work in a given time,not reverencing the God who gives him the means of life,but considering,foolish fellow,that he is his own God and will let him off easily,in the first place,he shall suffer at the hands of the God,and in the second place,the law shall follow in a similar spirit.He shall owe to him who contracted with him the price of the works which he has failed in performing,and he shall begin again and execute them gratis in the given time.When a man undertakes a work,the law gives him the same advice which was given to the seller,that he should not attempt to raise the price,but simply ask the value;this the law enjoins also on the contractor;for the craftsman assuredly knows the value of his work.Wherefore,in free states the man of art ought not to attempt to impose upon private individuals by the help of his art,which is by nature a true thing;and he who is wronged in a matter of this sort,shall have a right of action against the party who has wronged him.And if any one lets out work to a craftsman,and does not pay him duly according to the lawful agreement,disregarding Zeus the guardian of the city and Athene,who are the partners of the state,and overthrows the foundations of society for the sake of a little gain,in his case let the law and the Gods maintain the common bonds of the state.And let him who,having already received the work in exchange,does not pay the price in the time agreed,pay double the price;and if a year has elapsed,although interest is not to be taken on loans,yet for every drachma which he owes to the contractor let him pay a monthly interest of an obol.Suits about these matters are to be decided by the courts of the tribes;and by the way,since we have mentioned craftsmen at all,we must not forget the other craft of war,in which generals and tacticians are the craftsmen,who undertake voluntarily the work of our safety,as other craftsmen undertake other public works;-if they execute their work well the law will never tire of praising him who gives them those honours which are the just rewards of the soldier;but if any one,having already received the benefit of any noble service in war,does not make the due return of honour,the law will blame him.Let this then be the law,having an ingredient of praise,not compelling but advising the great body of the citizens to honour the brave men who are the saviours of the whole state,whether by their courage or by their military skill;-they should honour them,I say,in the second place;for the first and highest tribute of respect is to be given to those who are able above other men to honour the words of good legislators.
The greater part of the dealings between man and man have been now regulated by us with the exception of those that relate to orphans and the supervision of orphans by their guardians.These follow next in order,and must be regulated in some way.But to arrive at them we must begin with the testamentary wishes of the dying and the case of those who may have happened to die intestate.When I said,Cleinias,that we must regulate them,I had in my mind the difficulty and perplexity in which all such matters are involved.You cannot leave them unregulated,for individuals would make regulations at variance with one another,and repugnant to the laws and habits of the living and to their own previous habits,if a person were simply allowed to make any will which he pleased,and this were to take effect in whatever state he may have been at the end of his life;for most of us lose our senses in a manner,and feel crushed when we think that we are about to die.
Cle.What do you mean,Stranger?
Ath.O Cleinias,a man when he is about to die is an intractable creature,and is apt to use language which causes a great deal of anxiety and trouble to the legislator.
Cle.In what way?
Ath.He wants to have the entire control of all his property,and will use angry words.
Cle.Such as what?
Ath.O ye Gods,he will say,how monstrous that I am not allowed to give,or not to give my own to whom I will-less to him who has been bad to me,and more to him who has been good to me,and whose badness and goodness have been tested by me in time of sickness or in old age and in every other sort of fortune!
Cle.Well Stranger,and may he not very fairly say so?
Ath.In my opinion,Cleinias,the ancient legislators were too good-natured,and made laws without sufficient observation or consideration of human things.
Cle.What do you mean?
Ath.I mean,my friend that they were afraid of the testator's reproaches,and so they passed a law to the effect that a man should be allowed to dispose of his property in all respects as he liked;but you and I,if I am not mistaken,will have something better to say to our departing citizens.
Cle.What?