CHAPTER XVII

THE LAWS OF GORTYN 1

SECTION 1

CLAIMS TO FREEDOM OR TO POSSESSION OF A SLAVE

I.

Whoever is going to contend about a freeman or slave, shall not lead him away before trial. And if he lead him away (the judge) shall adjudge (a fine of) ten staters in case of a freeman, five in case of a slave for leading him away, and shall judge that he let him go within three days. And if he shall not let him go, he shall adjudge (a fine of) a stater in case of a freeman, a drachm in case of a slave for each day until he let him go, and with respect to the time the judge shall decide on oath.

And if he should deny leading him away, the judge shall decide on oath, unless a witness should declare.

And if the one contend that he is free and the other that he is a slave, the stronger shall be they who declare him to be free. And if they contend about a slave, saying each that it is his (slave), if a witness declare it, the judge shall decide according to the witness, but if they either declare for both or for neither, the judge shall decide on oath.

And if the possessor lose his suit, he shall let a freeman go within five days, but a slave he shall give back into hands (of his opponent). And if he let him not go or give him not back, (the judge) shall adjudge him to win in case of a freeman fifty staters, and a stater for each day until he let

[This code, the date of which is usually given as about 450 B.C., was inscribed on blocks of gray limestone forming part of a wall, the ruins of which were discovered in Crete in the summer of 1884. The translation is by Dr. H.J. ROBY, and was published in the "Law Quarterly Review," vol. II (1886), p. 142 seq. An account of the discovery is given (l. c.) at page 135. These laws, like the Roman Twelve Tables (see Chapter XVIII) were in the form of twelve tables or rather columns.

This translation is reprinted by permission of Sir Frederick Pollock, editor of the "Law Quarterly Review," and of the translator.

The Roman numerals at the side denote the columns; the topical analysis is by the translator.]

II.

him go, and in case of a slave ten staters and a drachm for each day until he give him back into hands. And if the judge shall adjudge (a fine), there shall be exacted within a year threefold or less, not more, and with respect to the time the judge shall decide on oath.

And if the slave, in whosoever case he has lost his suit, take sanctuary, (the defendant) summoning him in the presence of two witnesses, runners, freemen shall point out (the fact) at the temple wherever he be in sanctuary, either (the defendant) himself or another on his behalf; and if he summon not and point not out, he shall restore what has been written.

And if he even give him not back in the year, he shall besides restore the single values, and if he die, while the suit is in contention, he shall restore the single value.

And if (one when) Ruling lead away (a slave), or another lead away (a slave) of one Ruling, if he leave office, he shall contend, and if he lose his suit he shall restore has been written.

To one that leads away (a slave) won in a suit pledged, there shall be no damage.

SECTION 2

RAPE, ADULTERY, AND THE LIKE

what

(or)

SECTION 3

A WOMAN'S RIGHT TO PROPERTY AFTER DIVORCE OR HUSBAND'S DEATH

If a man and woman separate, she shall have her own things, which she had when she went to the man, and the half of the fruit, if it be from her own goods, and the . . . (part?) whatever it be (of) whatever she has woven, and five staters, if the man be the cause of the divorce; but if III. the man should say . . . the judge shall decide on oath.

But if she should bear off anything else of the man's, she shall restore five staters, and whatever she bear off, itself (shall she give back), and whatever she have taken away, itself shall she give back. And whatsoever things she shall deny (having taken), the judge shall adjudge the woman to deny on oath by Artemis, near the Amyclæum

near the Bowwoman. And whatever any one shall take away from her, after she has denied on oath, (he) shall restore five staters and the thing itself. And if a stranger join in packing up(?), he shall restore ten staters, and twofold the thing itself, whatsoever the judge shall swear he has joined in packing up(?).

If a man should die, leaving children, if the woman will, she shall be wedded, having her own things, and whatever her man have given her according to what is written, in presence of three witnesses, runners, freemen; but if she bear off anything of the children's, there shall be right to

sue.

And if he leave her childless, she shall have her own things, and of whatever she has woven the half, and of the fruit from within a . . . share with those belonging, and anything her man have given her as is written; but if she bear off anything else, there shall be right to sue.

And if a woman should die childless, there shall be given back to those belonging her own things, and the half of what she has woven, and the half of the fruit, if it be from her own things.

Guerdon if man or woman will to give (they shall give) either dress or twelve staters or a piece of goods worth twelve staters, and not more.

If a female householder be separated from a male householder in his life or by his death, she shall have her own things; but if she bear off anything else, there shall be right

to sue.

SECTION 4

DISPOSAL OF A CHILD BORN AFTER DIVORCE, OR CHILD

OF UNMARRIED SLAVE

If a woman bear a child while divorced, (she) shall send it to the man to his roof in the presence of three witnesses. And if he should not receive it, the child shall be at the mother's disposal to bring up or to put away; and the kinsmen and the witnesses shall be more sworn whether they sent the child.

And if a female householder bear a child while divorced (she) shall send it to the lord of the man, who wedded her, in the presence of two witnesses. And if he shall not

IV. receive it, the child shall be at the disposal of the lord of the female householder. And if she should be wedded again to the same man in the course of the first year, the child shall be at the disposal of the lord of the male householder, and he that sent it shall be more sworn and the witnesses.

A woman divorced, if she should cast away a child before sending according to what is written, shall restore in case of a free (child) fifty staters, in case of a slave five-andtwenty, if she lose the suit. But if a man has no roof whither she shall send it, or she do not see him, if she should put away the child, it shall be without damage (to her).

If a female householder unwedded should conceive and bring forth, the child shall be at the disposal of the lord of the father. But if the father should not be alive, it shall be at the disposal of the lords of the brothers.

SECTION 5

DIVISION OF PARENTS' PROPERTY AFTER DEATH

The father shall have power over the children and over the goods, over the division (thereof), and the mother over her own goods. While they live, it shall not be necessary to divide; but if one should be cast in damages, division shall be made to him that is cast in damages as has been written.

And if one die, the roofs in the city and whatever is in the roofs, in which no householder houses, housing on the spot, and the cattle and the strong-footed, such as are not a householder's, shall be at the disposal of the sons, and all the other goods they shall well divide, and the sons as many soever as they be shall be allotted each two shares, and the daughters as many soever as they be, each one share. (And they shall divide) the mother's things also, if she die, as And if there be no goods but there be a roof, the daughters shall have allotted to them, as has been written.

And if the father being alive will to give to her that is being wedded, he shall give according to what is written and not more. And to whomsoever he before gave or promised this shall she have and not be allotted other

V. things. Whatever woman has no goods either from her father's gift or her brother's, or his promise or by allotment from the time that(?) the Æthalian troop, Kyllos and friends, were rulers, these woman shall have allotments, but for those previous there shall be no right to sue.

VI.

If a man or woman die, if there be children or children's children or children of these, they shall have the goods. And if there be none of these, but there be sisters of the deceased and sister's children or children's children, they shall have the goods. And if there be none of these, (then) to whomsoever it belongs, whenever it be, they shall take the goods to themselves. And if there should not be any belonging, then whoever be the lot of the house, these shall have the goods.

And if (of) those belonging, some will to divide the goods and some do not, the judge shall adjudge all the goods to be at the disposal of those who will to divide, until they divide. And if, after the judge has adjudged it, (any one) by force disturb(?) or lead away or bear off, he shall restore ten staters and the thing itself twofold. And (in respect) of mortals and fruit and clothing and bracelets and superficial goods, if they will not to divide . . . shall decide on oath in reference to the matters in contention. And if in dividing the goods they do not agree about the division, they shall put up the goods for sale, and selling to whosoever offers most, they shall allot themselves (of) the value each the share belonging. And when they divide the goods, there shall be present three or more witnesses, runners, freemen.

If he give to a daughter, (it shall be) according to the same (rules).

SECTION 6

SEPARATE PROPERTY OF CHILDREN AND MOTHER

While the father lives, no one shall buy or take in pledge from the son (any) of the father's goods, but whatsoever he have himself acquired or had allotted to him, he shall sell if he will. Nor shall the father (sell or promise) the children's goods, whatever they have themselves acquired or had allotted to them, nor shall the man sell or promise the woman's, nor the son the mother's. And if any one should buy or take in pledge or obtain promise, and it is