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§ 19. Now had there been a water-course below my property, to take off the drainage, I might have been doing wrong in refusing to let the water into my land; but, as it is, the watercourse alleged is neither passed down to me by any neighbour immediately above me, nor is it passed down by myself to any one else below. 19 μὴ ὅτι—άλλὰ μὴ άγαπήσαιμ᾽ ἄν ‘I must be content, I do not say, with obtaining a verdict, but with escaping conviction.’ The sense is: ‘victimised as I have been, instead of gaining legal satisfaction from my opponents, I must think myself fortunate if I am not compelled to pay them an additional penalty.’ εἰ μὲν γὰρ—παραλαμβάνουσιν ὠσαυτως In Plato's Laws provisions are suggested to prevent damage being incurred in times of heavy rain, either owing to neglect on the part of neighbours in providing an outlet for streams that pass down to them from the higher ground immediately adjacent, or again owing to careless transmission of the streams on the part of the neighbours higher up the hill;— ἐὰν δὲ ἐκ Διὸς ὕδατα γιγνόμενα, τὸν ἐπάνω γεωργοῦντα ἢ καὶ ὁμότοιχον οἰκοῦντα τῶν ὑποκάτω βλάπτῃ τις μὴ διδοὺς ἐκροήν, ἢ τοὐναντίον ὁ ἐπάνω μεθιεὶς εἰκῆ τὰ ῥεύματα βλάπτῃ τὸν κάτω, καὶ περὶ ταῦτα μὴ ἐθέλωσι διὰ ταῦτα κοινωνεῖν ἀλλήλοις, ἐν ἄστει μὲν ἀστυνόμον, ἐν ἀγρῷ δὲ ἀγρονόμον ἐπάγων ὁ βουλόμενος ταξάσθω τί χρὴ ποιεῖν ἐκάτερον: ὁ δὲ μὴ ἐμμένων ἐν τῇ τάξει φθόνου θ᾽ ἅμα καὶ δυσκόλου ψυχῆς ὑπεχέτω δίκην, καὶ ὄφλων διπλάσιον τὸ βλάβος άποτινέτω τῷ βλαφθέντι, μὴ ἐθελήσας τοῖς ἄρχουσι πείθεσθαι. Leg. VIII 844 C. Among the conditions attaching to the lease of a τέμενος in 418 B.C. is the clause τοῦ ὕδατος κρατεῖν τοῦ ἐγ (for ἐκ） Διὸς τὸν μισθωσάμενον (C. I. A. IV 2, 53 a). ἠδίκουν...μὴ δεχόμενος Thus in the fens near Cambridge, an obligation lies on each tenant to clear out the ditch or dyke bounding his land on one side, and so to give free passage to the water from his neighbour's land. P.] In Roman Law the aquae arcendae actio dealt with a neighbour's obstruction, or increase, of the flow of rain-water from his land. ὁμολογούμεναι χαράδραι ‘recognised, acknowledged, undisputed water-courses.’ A curious expression. The nearest approach to it that I can find is (Andoc.) Or. 4 § 17 οὐδὲν ἦττον τῶν ὁμολογουμένων δούλων. τοὺς χειμάρρους here ‘waterdrains,’ ‘gutters,’ like ὑδρορρόα Ar. Ach. 922. The word has lost all trace of its primary meaning ‘a winter torrent.’
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