Selections
In Greek tradition, Crete was an early
home of law. In the 19th Century, a law code from Gortyn on
Crete was discovered, dealing fully with family relations and
inheritance; less fully with tools, slightly with property
outside of the household relations; slightly too, with
contracts; but it contains no criminal law or procedure. This
(still visible) inscription is the largest document of Greek law
in existence (see above for its chance survival), but from other
fragments we may infer that this inscription formed but a small
fraction of a great code.
I. Whoever intends to bring suit in relation
to a free man or slave, shall not take action by seizure before
trial; but if he do seize him, let the judge fine him ten
staters for the free man, five for the slave, and let him
release him within three days. But if he do not release him, let
the judge sentence him to a stater for a free man, a
drachma for a slave, each day until he has released him. But
if he deny that he made the seizure, the judge shall decide with
oath, unless a witness testify. If one party contend that he is
a free man, the other that he is a slave, those who testify that
he is free shall be preferred. But if they testify either for
both parties or for neither of the two, the judge shall render
his decision by oath. But if the slave on account of whom the
defendant was defeated take refuge in a temple, the defendant,
summoning the plaintiff in the presence of two witnesses of age
and free, shall point out the slave at the temple; but if he do
not issue the summons or do not point him out, he shall pay what
is written. And if he do not return him, even within the year,
he shall pay in addition to the sums stated one-fold. But if he
die while the suit is progressing, he shall pay his value
one-fold.
II. If one commit rape on a free man or
woman, he shall pay 100 staters, and if on the son or
daughter of an apetairos ten, and if a slave on a free
man or woman, he shall pay double, and if a free man on a male
or female serf five drachmas, and if a serf on a male or
female serf, five staters. If one debauch a female
house-slave by force he shall pay two staters, but if one
already debauched, in the daytime, an obol, but if at
night, two obols. If one tries to seduce a free woman, he
shall pay ten staters, if a witness testify. . .
III. If one be taken in adultery with a free
woman in her father's,
brother's, or husband's
house, he shall pay 100 staters, but if in another's
house, fifty; and with the wife of an apetairos, ten. But
if a slave with a free woman, he shall pay double, but if a
slave with a slave's
wife, five. . .
IV. If a husband and wife be divorced, she
shall have her own property that she came with to her husband,
and the half of the income if it be from her own property, and
whatever she has woven, the half, whatever it may be, and five
staters, if her husband be the cause of her dismissal;
but if the husband deny that he was the cause, the judge shall
decide. . .
V. If a man die, leaving children, if his
wife wish, she may marry, taking her own property and whatever
her husband may have given her, according to what is written, in
the presence of three witnesses of age and free. But if she
carry away anything belonging to her children she shall be
answerable. And if he leaves her childless, she shall have her
own property and whatever she has woven, the half, and of the
produce on hand in possession of the heirs, a portion, and
whatever her husband has given her as is written. If a wife
shall die childless, the husband shall return to her heirs her
property, and whatever she has woven the half, and of the
produce, if it be from her own property, the half. If a female
serf be separated from a male serf while alive or in case of his
death, she shall have her own property, but if she carry away
anything else she shall be answerable.
VI. If a woman bear a child while living
apart from her husband after divorce, she shall have it conveyed
to the husband at his house, in the presence of three witnesses;
if he do not receive the child, it shall be in the power of the
mother to bring up or expose. . .
VII. The father shall have power over his
children and the division of the property, and the mother over
her property. As long as they live, it shall not be necessary to
make a division. But if a father die, the houses in the city and
whatever there is in the houses in which a serf residing in the
country does not live, and the sheep and the larger animals
which do not belong to the serf, shall belong to the sons; but
all the rest of the property shall be divided fairly, and the
sons, howsoever many there be, shall receive two parts each, and
the daughters one part each. The mother's property also shall be
divided, in case she dies, as is written for the father's. And
if there should be no property but a house, the daughters shall
receive their share as is written. And if a father while living
may wish to give to his married daughter, let him give according
to what is written, but not more. . .
X. As long as a father lives, no one shall
purchase any of his property from a son, or take it on mortgage;
but whatever the son himself may have acquired or inherited, he
may sell if he will; nor shall the father sell or pledge the
property of his children, whatever they have themselves acquired
or succeeded to, nor the husband that of his wife, nor the son
that of the mother. . . If a mother die leaving children, the
father shall be trustee of the mother's property, but he shall
not sell or mortgage unless the children assent, being of age;
and if anyone shall otherwise purchase or take on pledge the
property, it shall still belong to the children; and to the
purchaser or pledgor the seller or pledgee shall pay two-fold
the value in damages. But if he wed another, the children shall
have control of the mother's property.
XI. If a slave going to a free woman shall
wed her, the children shall be free; but if the free woman to a
slave, the children shall be slaves; and if from the same mother
free and slave children be born, if the mother die and there be
property, the free children shall have it; otherwise her free
relatives shall succeed to it.
XIV. The heiress shall marry the brother of
the father, the eldest of those living; and if there be more
heiresses and brothers of the father, they shall marry the
eldest in succession. . . But if he do not wish to marry the
heiress, the relatives of the heiress shall charge him and the
judge shall order him to marry her within two months; and if he
do not marry, she shall marry the next eldest. If she do not
wish to marry, the heiress shall have the house and whatever is
in the house, but sharing the half of the remainder, she may
marry another of her tribe, and the other half shall go to the
eldest. . .
XVI. A son may give to a mother or a husband
to a wife 100 staters or less, but not more; if he should
give more, the relatives shall have the property. If anyone
owing money, or under obligation for damages, or during the
progress of a suit, should give away anything, unless the rest
of his property be equal to the obligation, the gift shall be
null and void. One shall not buy a man while mortgaged until the
mortgagor release him. .
XVII. Adoption may take place whence one
will; and the declaration shall be made in the market-place when
the citizens are gathered. If there be no legitimate children,
the adopted shall received all the property as for legitimates.
If there be legitimate children, the adopted son shall receive
with the males the adopted son shall have an equal share. If the
adopted son shall die without legitimate children, the property
shall return to the pertinent relatives of the adopter. A woman
shall not adopt, nor a person under puberty.
XVIII. Whatever is written for the judge to
decide according to witnesses or by oath of denial, he shall
decide as is written, but touching other matters shall decide
under oath according to matters in controversy. If a son have
given property to his mother, or a husband to his wife, as was
written before these writings, it shall not be illegal; but
hereafter gifts shall be made as here written.
Scanned by: J. S. Arkenberg, Dept. of History,
Cal. State Fullerton. Prof. Arkenberg has modernized the text.
