Ancient History Sourcebook:
The Law Code of Gortyn (Crete ),
c. 450 BCE
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To the left is a photo of the Odeon at Gortyn today. The modern arched structure to the right
houses the inscription of the Law Code. This Odeon was restored under Trajan after
an earthquke destroyed a Hellenistic structure. It
was the Hellenistic structure which had used stones from an older legal
inscription as part of its foundations. The inscription is divided into 12 columns, about 600 lines in all.
The writing - in Doran Greek - is boustrephedon
(one line read right to left, then the next left to right). Gortyn was the most important city
on the |
Selections
In Greek tradition,
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.
Source:
Scanned by: J. S. Arkenberg,
This text is part of the Internet Ancient
History Sourcebook. The Sourcebook is a collection of public domain and
copy-permitted texts related to medieval and Byzantine history.