The Law Code of Gortyn

en · official · sha256:a0f3fd714d47549a59175a6f26bb1577a731346a5024bc59f3fbb435302d4194

I. Whoever is going to contend 1 about a freeman or a 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 2 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 five back into hands (of his opponent). And if he let him not go or five 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 him go, and in case of a slave ten staters and a drachm for each day until he give back into hands. And if the judge shall adjudge (a fine), there shall be exacted within a year a threefold 3 or less, not more, and with respect to the time the judge shall decide on oath. And if the slave, in whosesoever case he has lost his suit, take sanctuary, (the defendant) summoning him in the presence or two witnesses, runners 4, freemen shall point out (the fact) at the temple wherever 5 he be in sanctuary 6, 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 7, and if he die, while the suit is in contention, he shall restore the single value. And if (one when) Ruling 8 lead away (a slave), or another lead away (a slave) of one Ruling 1, if he leave office, he shall contend, and if he lose his suit he shall restore . . . what has been written. To one that leads away (a slave) won in a suit . . . .(or) pledged, there shall be no damage.

Ссылаются нормы: ClaimAttestationClosure, DailyPenaltyForFreeman, DailyPenaltyForSlave, ExactionCapped, FineForLeadingAwayFreeman, FineForLeadingAwaySlave, FreedomDeclarationClosure, FreedomIssueIsWitnessBound, HeldFreeOnDeclaration, HeldSlaveOnlyWithoutFreedomDeclaration, LeadAwayBeforeTrial, LeadingAwayBeforeTrialHappened, LoserHandsBackSlave, LoserReleasesFreemanInFiveDays, NoLeadingAwayBeforeTrial, PenaltyForKeepingFreeman, PenaltyForKeepingSlave, PointingOutClosure, ReleaseWithinThreeDays, SanctuaryNoPointingOut, SanctuaryNoSummons, SeizureDenialWithAWitness, SeizureDenialWithoutAWitness, SingleValueAfterAYear, SingleValueOnDeathDuringSuit, SlaveAdjudgedOnJudgesOath, SlaveAdjudgedOnWitness, SlavePossessionOneSidedTestimony, SlavePossessionTestimonyForBoth, SlavePossessionTestimonyForNeither, SummonsClosure, TimeOfDetentionIsForTheJudge, assert-1, assert-10, assert-11, assert-12, assert-13, assert-14, assert-15, assert-16, assert-17, assert-2, assert-3, assert-4, assert-5, assert-6, assert-7, assert-8, assert-9

en · official · sha256:3a80a359d0b150938f6bf59ad879c8a096221b02eae432c296dd1d5b4437d37d

If one lie by force with a freeman or freewoman, he shall restore a hundred staters, but if with (the man or woman) of a clubless 2 person, ten staters. If a slave (force) a freeman or freewoman, he shall 1 I. e. at law. The word  is new, and is applied to both parties. 2 A drachm was half a (silver) stater. An Aeginetan stater was worth about 2s. 8½ d. 3  . If it means ‘threefold’ we must take it that the maximum sum to be exacted in a year was threefold the value of the slave. Lewy translates ‘a third part’. 4 At seventeen years of age Cretans were admitted to the public athletic exercises. 5 Or ‘however.’ 6  from  7  might be ‘penalties,’ and this translation would better suit the plural. 8 . Aristotle, Pol. ii. 7.§5, compares the ten  of Crete with the five Ephori of Sparta; Cic. R.P. ii.33. 1 ‘On behalf of a Ruler’ (Ziteler), but  can hardly be that. 2 . On the Cretan  see Athen. iv.22 (p. 143) II. restore twofold, and if a freeman (force) a male or female householder 3, five drachms; and if a male householder (force) a male or female householder, five staters. If one should overpower by force an indoor 4 slavewoman, he shall restore two staters, but if (he force) one already overpowered in the daytime, one obol 5, but if in the night, two obols: and the slave shall be more sworn 6. If one attempt to lie with a freewoman in the hearing 7 of a kinsman, he shall restore ten staters, if a witness should declare it. If one be taken in adultery 8 with a freewoman in (her) father’s (house), or in (her) brother’s, or in her man’s he shall restore a hundred staters, but if in another fifty (staters). But if (he be taken) with the (woman) of a clubless man ten (staters) and if a slave (be taken) with a freewoman, he shall restore twofold; if a slave with a slave, five (staters). And he shall give notice in the presence of three witnesses to the kinsmen 9 of him that is taken to redeem in five days; and to the lord of a slave, in the presence of two witnesses. And if he shall not redeem, he shall be at the disposal 10 of those who took him to deal with him however they will. And if he say that he beguiled him, he took him shall swear in the case of the fifty staters or more, himself with four others, each imprecating upon himself, and in the case of the clubless man himself with two others, and in the case of the householder, his master with one other, that he took him in adultery and beguiled him not.

Ссылаются нормы: AdulteryInAnotherHouse, AdulteryInHouseOfKin, AdulteryWithApetairosWoman, AlreadyOverpoweredByDay, AlreadyOverpoweredByNight, AlreadyOverpoweredClosure, CompurgatorsForApetairos, CompurgatorsForFiftyStatersOrMore, CompurgatorsForHouseholder, EntrapmentIsOathBound, ForceOnApetairos, ForceOnFreeman, ForceOnIndoorSlaveWoman, FreemanForcingHouseholder, HouseholderForcingHouseholder, NotRedeemedGoesToTheTakers, NotRedeemedSlaveGoesToTheTakers, RedemptionClosure, SeductionAttemptIsWitnessBound, SeductionAttemptTariff, SlaveForcingFreePersonPaysTwofold, SlaveTakenWithFreewomanPaysTwofold, SlaveTakenWithSlaveWoman, SlaveWomanHasThePreferenceOfOath, assert-18, assert-19, assert-20, assert-21, assert-22, assert-23

en · official · sha256:88f1260283d6bc4ada13d349ef482f7805b6fabddf9fe9a21c732fbc6173051c

III. 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 won goods, and the . . . (part?) whatever it be (of) whatever she has woven, and five staters, if the man be the cause of the divorce 1; but if 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 five back. And whatsoever things she shall deny (having taken), the judge shall adjudge the woman to deny on oath by Artemis, near the Amyclaeum near the Bowwoman 2. And whatever anyone shall take away from her 3, after she has denied on oath, (he) shall restore five staters and the thing itself. And if a stranger join in packing up 4, 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. 3    (acc.) ‘serfs’=  Arist. Pol. ii.7. §3. Lysias explains  in a law of Solon’s by  (c. Theomn. P.117) 4 , or as two words, ‘(a slave) of his own from indoors.’ 5 Obol= one sixth of a drachm, or one twelfth of a stater. 6 , i.e. have prior claim to swear (Ziteler)? have more title to credence? 7  . The Cretans are said to have used ‘hear’ in the sense of ‘keep.’ Hence perhaps ‘in the care of a relative.’ 8  =  may perhaps, as in Attic, not be confined to married women. 9 . 10  with dative 1  = . 2 Statue of Artemis with a bow. 3 The Greek has the simple dative. Ziteler takes it as ‘for her.’ 4 Others ‘leading off.’ 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 5, 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 6 if a 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 won things; but if she bear off anything else, there shall be right to sue.

Ссылаются нормы: CauseOfDivorceIsForTheJudge, ChildlessWidowKeepsHerOwnAndHalfWoven, ChildlessWifeDyingReturnsToHerKin, DivorcedWifeKeepsHalfTheFruit, DivorcedWifeKeepsHalfWoven, DivorcedWifeKeepsHerOwn, FiveStatersIfHusbandIsToBlame, GuerdonNotMoreThanTwelveStaters, JudgeAdjudgesTheOathToTheWife, LeavingChildrenClosure, PackingIsForTheJudge, SeparatedFemaleHouseholderKeepsHerOwn, StrangerPacksTenStaters, StrangerPacksTwofoldTheThing, TakingFromHerAfterTheOath, WhatWasCarriedOffIsOathBound, WidowWithChildrenKeepsHerOwn, WidowWithChildrenMayRemarry, WifeBearingOffOtherGoods, assert-24, assert-25, assert-26, assert-27, assert-28, assert-29, assert-30

en · official · sha256:df65c64c8fde9e3653489b49c7c1abc5a0fe40fb2a4e65d23644fd0e223c8864

If a woman bear a child while divorced, (she) shall send it to the man to his roof 1 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 receive it, 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-and-twenty, if she lose the suit. But if a man has no roof whither she shall send it to, 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 2. But if the father should not be alive, it shall be at the disposal of the lords of the brothers.

Ссылаются нормы: CastingAwayAFreeChild, CastingAwayASlaveChild, ChildNotReceivedIsAtTheMothersDisposal, ChildOfUnweddedHouseholder, KinsmenAndWitnessesHaveThePreferenceOfOath, NoRoofNoDamage, ReceivingTheChildClosure, WhetherTheChildWasSentIsOathBound, assert-31, assert-32, assert-33

en · official · sha256:0fa66a2b9ca830f7fc63f3b70e6526c91d395be804268f0a299175181d02792d

3 The father shall have power over the children and over the goods, over the division (thereof), and the mother over her won 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 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 4, 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 5 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. V. 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 1 this shall she have and not be allotted other things. Whatever woman has no goods either from her father’s gift or her brother’s or his 5   =   (both expressions occur), i.e. those on whom a right or duty devolves by law, usually on the ground of kinship. 6  ‘legacy,’ Lewy; ‘marriage-gift,’ Comparetti; ‘gift for funeral expenses, Bücheler; ‘alimentation,’ Bernhöft (who then translates ‘or dress’ instead of ‘either dress’). It seems to mean simply ‘a gift;’ perhaps ‘on parting:’ so Ziteler doubtfully and Baunacks. 1 . (The word ‘house’ is wanted for  and its cognates.) 2 According to Zitelman, ‘the father of the female householder.’ 3     4    . Are ‘the strongfooted’ horses and mules? Cf.  . Or oxen? Or all large beasts? In Pind. Ol. xiii. 114, it means a ‘bull.’ 5  = . It seems to be in fact, ‘to take by inheritance.’ 1  which recalls the Roman spondere. IV. promise or by allotment from the time that that 2 the Aethalian troop, Kyllos and friends, were rulers 3, these women shall have allotments, but for those previous there shall be no right to sue. 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 brethren of the deceased and brethren’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, they shall have the goods. And if there be none of these, (then) to whomsoever it belongs, whenever it be 4, they shall take the goods to themselves. And if there should not be any belonging, then whoever be the lot 5 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 6 or lead away or bear off, he shall restore ten staters and the thing itself twofold. And (in respect) of mortals 7 and fruit and clothing and bracelets and superficial 8 goods, if they will not to divide . . . . . . . . shall decide on oath in reference to the matters in contention. And if in dividing the goods the 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. VI. If he give to a daughter, (it shall be) according to the same (rules).

Ссылаются нормы: BrethrenClosure, BrethrenTakeTheGoods, CityRoofsGoToTheSons, DaughtersTakeOneShare, DescendantsClosure, DescendantsTakeTheGoods, DisturbingAfterAdjudication, DisturbingAfterAdjudicationTwofold, FatherHasPower, GoodsToThoseWhoWillDivide, MotherHasPowerOverHerOwn, MovablesAreForTheJudge, NoDivisionWhileTheyLive, SaleWhereTheyCannotAgree, SistersClosure, SistersTakeTheGoods, SonsTakeTwoShares, TheLotOfTheHouseTakesTheGoods, ThoseBelongingClosure, ThoseBelongingTakeTheGoods, ThreeWitnessesAtTheDivision, assert-34, assert-35, assert-36, assert-37, assert-38, assert-39, assert-40

en · official · sha256:651a56075d125d80f20e20fd6a24b24a11db8e350ac510cd45a3ff7b7acd91b1

While the father lives, no one shall by 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, nr the son the mother’s. And if any one should buy or take in pledge or obtain promise, and it is written otherwise than these writings are written 1 . . . . . the goods shall be at the disposal of the mother and at the disposal of the woman, and he who sold or gave in pledge or promised shall restore twofold to him that bought or took in pledge or obtained promise, and if there be any other matter of damage, the single (value): and for matters previous there shall be no right to sue. And if the opposite contendant contend in respect of the thing, whatever they are contending about, that it is not the mother’s or the woman’s, he shall contend in whatever way it belongs (to contend) before the judge as each thing is written 2. And if the mother die leaving children, the father shall have power over the mother’ things, but shall not sell nor pledge unless the children being runners approve. And if one should buy or take in pledge otherwise, the goods shall be at the disposal of the children, and he that sold or he that pledged shall restore to him that bought or took in pledge the double of the value, and if there be any other matter of damage, the single (value). But if he wed another woman, the children shall have power over the mother’s things.

Ссылаются нормы: BuyFathersGoodsFromSon, ChildrenApprovalClosure, FatherAdministersMothersGoods, FatherMayNotSellWithoutTheChildren, NoBuyingFathersGoodsFromTheSon, RemarriageGivesTheChildrenPower, SaleOfMothersGoodsIsVoid, SellMothersGoods, SellerRestoresTwofold, SonMaySellWhatHeAcquired

en · official · sha256:1c61140c2385c527771562e355bc35d1e6cf8b7d94feda42c79977446724feda

And if . . . . . being held in bondage from a foreign state, and by his 3 choice some one shall redeem him, he shall be at the disposal of the redeemer, until he pay back what belongs. And if they do not agree 2   =  , ‘as when’ Baunacks understand it ‘as was prescribed when.’ 3 Aristotle, Pol. ii.7.§§ 5-7, says the Cretans chose their rulers from certain clans, and that often the rulers were deposed by conspiracies either of their gallows or of private persons. Another Cretan inscription dates by the rule of the Aethalians (Cauer’s Delectus Inscr. Graec., No. 121, ed.2). 4 I.e. ‘at whatever point in the line of succession.’ 5  , i.e. the whole number of house holders belonging to the family. Ephorus (as Athenaeus, vi. p. 263, tells us) said the Cretan slaves were called . 6 Or ‘enter.’ 7 ‘Animals,’ Baunacks; ‘perishable things,’ B. & Z. 8  is ‘moveables’ (see Liddell and Scott, s.v. )= supellex. 1 I.e. if the contract is not according to the provisions of this law. 2 I.e. he shall carry on the appropriate suit according to the specific requirements of the law. 3 I.e. the captive’s. about the amount, or (it be asserted) that he redeemed him without his3 choice, the judge shall decide on oath in reference to the matters in contention.

Ссылаются нормы: RansomTermsAreForTheJudge, RedeemedManIsAtTheRedeemersDisposal, RepaymentClosure, assert-41, assert-42

en · official · sha256:5044767461332f0ba3756d307971549acb8bb694749f9f1e58af80d541e72603

? ? 4 . . . . (if) coming to a freewoman he wed her, the children shall be free. But if a freewoman to a slave, the children shall be slave. VII. And if there be born from the same mother free and slave children, if the mother die, if there be goods, the free children shall have them; but if freemen should not be forthcoming, those belonging shall take them to themselves.

Ссылаются нормы: ChildrenOfFreewomanGoingToSlaveAreSlaves, ChildrenOfSlaveComingToFreewomanAreFree, FreeChildrenClosure, MixedChildrenGoodsToTheFree, MixedChildrenGoodsToThoseBelonging

en · official · sha256:68cef56a105360ca4980835d44ddf679743bf427bedada9c2ed63663d48d24c9

If (one) after buying a slave from the marker shall not export 1 him within sixty days, if he have wronged any one before or after 2, there shall be right of suit to him that has acquired (him).

Ссылаются нормы: BuyerAnswersForTheUnexportedSlave, ExportClosure

en · official · sha256:939e3a40e39a81f3d9432b3993c11b330b0a305b1879d6239a9733dae11752ce

3 An heiress shall be wedded to her father’s brother, the eldest of those that are. And if there be more heiresses and father’s brothers, (the second) shall be wedded to the next eldest. And if there be no father’s brothers, but brothers’ sons, (she) shall be wedded to one that is (child) of the eldest. And if there be more heiresses and more brothers’ sons, (the next eldest heiress) shall be wedded to another who is next to him that is (child) of the eldest. And he that belongs shall have one heiress and not more. And so long as he to whom it belongs to wed be unripe, or the heiress (be unripe), the heiress shall have the roof, if there be one, and he to whom it belongs to wed shall have allotted to him the half of the produce of all. And if he to whom it belongs to wed, being aloof from running 4, will not, (though) grown, to wed her (though) grown, all the goods and the fruit shall be at the disposal of the heiress until he wed her. But if being a runner he to whom it belongs will not to wed her grown (and) willing to be wed, the kinsmen of the heiress shall contend 5 and the judge shall adjudge him to wed within two months: and if he wed her not, as is written, she having all the goods (shall be wedded) to him that belongs if there be another. And if there should be none belonging, she shall be wedded to whomever she will of those of the tribe who ask. And if (when) grown she will not be wedded to him that belongeth, or he that belongeth be unripe, and the heiress . . . . . the heiress shall have the roof, if there be one, in the city and whatever is in the roof, and having allotted to her the half of the other things she shall be wedded to another, whomever she will of those of the tribe who ask; and a portion f the goods shall be given to one 6. And if there should not be any persons belonging to the heiress as is written, she, having all the goods, shall be wedded to whomever of the tribe she will. And if no one of the tribe should will to wed her, the kinsmen of the heiress 1 . . . . . not . . . . . to wed her; and if one wed her within thirty days from the rime they have (so) said, (well), but if not she shall wed another whomever she may be able. And if, her father or brother having given her (in marriage), she become heiress, if he to whom they gave her being willing to wed, she should not be willing to be wedded, if she has had children, (then) having allotted to her (half) of the goods as has been written she shall be wedded to . . . . .; but if there should be no children, having all (the goods) she shall be wedded to him that belongs, if there be one, and if not, (then) as has been written. If a man should die leaving children to an heiress, if she will she shall be wedded to whomever of the tribe she can, but without compulsion. But if the dead man should leave no children, she shall be wedded 4 At least fourteen letters, which compose no intelligible words . 1 . Bücheler takes it of ‘fixing a limit;’ so that otherwise the law limits responsibility to sixty days. 2 Before or after the purchase ? or, as Ziteler prefers, the promulgation of this law ? 3   =  . 4 , i.e. is not yet old enough to belong to the public athletic classes. Cf. Hesych. v. . 5 I.e. bring an action against him. 6 I.e. to the first entitled to marry her (Baunacks). 1 Probably to be supplied thus: ‘shall announce in the tribe that no one wills to wed her.’ VIII. to him that belongs, as has been written. And if he to whom it belongs to wed the heiress should not be resident and the heiress be ripe, she shall be wedded to him that belongs 2, as has been written. And (one) shall be heiress, if there be no father or brother from the same father. And over the working of the goods the father’s brothers shall have power . . . . . . the half as long as she be . . . . . And if while she is unripe, there should be no one belonging, the heiress shall have power over the goods and the fruit, and so long as she be unripe, she shall be brought up with her mother; and if there should not be mother, she shall be brought up with her mother’s brothers. IX. And if any should wed the heiress and it has been otherwise written . . . .those belonging (if) he leave an heiress . . . . . . . 3 mother’s brothers to pledge . . . . . . the sale shall be lawful, and the . . . . . . (if) any one should buy goods or take in pledge any of the goods of the . . . . . ., the goods shall be at the disposal of the heiress, and he that sold or pledged shall to him that bought or took in pledge restore, if she lose his suit, twofold, and if there be any other damage he shall besides restore the single value, as . . . and for matters previous there shall be no right to sue. And if the opposite contendant contend about the thing for which they are contending that it is not the heiress’s, the judge shall decide on oath; and if he should win that it is not the heiress’s, he shall contend, in whatever way it belongs (to contend) as each thing is written.

Ссылаются нормы: ElderRefusingLosesTheProduce, EldestUncleIsEntitled, FathersBrothersClosure, HeiressBrotherClosure, HeiressFatherClosure, HeiressGoodsIssueIsForTheJudge, KinsmenSueAndTheJudgeSetsTwoMonths, NoOneBelongingSheWedsTheTribe, OneHeiressAndNotMore, RefusingHeiressKeepsRoofAndHalf, SheIsHeiress, SonOfEldestBrotherIsEntitled, ThirtyDaysAfterTheAnnouncement, UnripeEntitledHasHalfTheProduce, UnripeHeiressKeepsTheRoof, WidowedHeiressWithChildrenIsNotCompelled, assert-43, assert-44

en · official · sha256:af2c8c5a9abedcef2f5fdf026903a1675ab99092642b70a46a2bb0ef7c920801

If a man should die having become surety or having lost a suit, or owing securities 1, or having cheated or having made an agreement, or another to him 2, (he) shall contend in the course of the first year: and the judge shall give judgment in reference to the matters in contention. If he contend upon a suit won, the judge and the registrar if he be alive and a citizen, and the witnesses who belong (shall declare), and of a suretyship and of securities, and of cheating and of an agreement, those who belong shall declare as witnesses. And if they fail, he shall adjudge that (the plaintiff), himself on oath and the witnesses, shall win the single value 3. If a son become surety, so long as his father live, he shall be led away, himself and the goods, whatever he has acquired. X. If any one do not give back . . . . . . [1½ lines broken] . . . . . if grown witnesses declare, in case of a hundred staters or more, three (witnesses), in case of less as far as ten staters, two, in case of less, one, he shall give judgment in reference to the declarations made. And if the witnesses should not declare, . . . .[2 lines broken] . . . . . . he shall either deny on oath or . . . . . [15 lines wanting].

Ссылаются нормы: DeadMansObligationIsWitnessBound, OneWitnessBelowTen, PlaintiffOnOathWinsTheSingleValue, RepaymentIssueIsWitnessBound, SonSuretyIsLedAway, SuitWithinTheFirstYear, ThreeWitnessesForAHundredOrMore, TwoWitnessesFromTenToAHundred, WhereWitnessesFailTheOathDecides, WitnessesWhoBelongClosure, assert-45, assert-46, assert-47, assert-48, assert-49, assert-50, assert-51, assert-52, assert-53

en · official · sha256:1bba7b11c387e4beeb066acec253af039eea23aad3882dd54ffba7ce0306593a

. . . . . . son to mother . . . . . a hundred staters or less, but not more; and if (he) should give more, if those belonging will, they shall pay back the money and have the goods. But if any one should give while owing money, or when cast in damages or while a suit is in contention, if the remainder should not be of the worth of the damages, the gift shall be of no good.

Ссылаются нормы: ExcessiveGiftMayBeTakenBack, GiftCappedAtAHundredStaters, GiftInPrejudiceIsVoid

en · official · sha256:be59c90ef296df3c1234589d898349bb99db9278292e78798c33614d1fd53b87

(One) shall not buy a man 4 that is pledged, before he that pledged have redeemed 5 (him) nor one who is under contention, nor receive (such as gift?), nor obtain promise (of him), nor take (him), in pledge. And if any one should do any of these things, it shall be of no good, if two witnesses should declare (it).

Ссылаются нормы: DealInAPledgedMan, DealingInAPledgedManIsVoid, NoDealingInAPledgedMan, PledgedManDealingIsWitnessBound, TwoWitnessesRequiredForThePledgedMan, assert-54, assert-55, assert-56

en · official · sha256:85965337cb854ad59fdf1828ee7f10303e1e7ec8c924fc1632b1a9f00355e371

6 Adoption shall be whenever any one will. Adoption shall be 2 The next is legal succession. 3 The last line of col. viii, and the first ten of col. ix. are partly lost. 1 . Cf. Hesych.   (Baunacks, and Leo apud Bernhöft). 2 I.e. either ‘another die in debt &c. to him (which however introduces to new position), or ‘another be in debt &c. to the dead’ (which introduces the case of the dead being creditor). 3 Baunacks take it, ‘he shall adjudge their matters, and that the witnesses pay the single value.’ I have followed Bücheler. 4  = , i.e. a man slave. So in 5 Baunacks are right in reading . § 15. Elsewhere ‘man’ represents . in the market-place, when the citizens are assembled, from the stone from which addresses are made. And the adopter shall give to his own club a victim and a pitcher of wine. And if (the adopted) take over all the goods and there dwell not with him natural children, he shall perform the divine and human (duties) of the adopter and take them on himself as is written for natural children. And if he will not to perform them as is written, those belonging shall have the goods. But if there be natural children to the adopter, with the males (shall share) the adopted as the females have allotted to them from their brothers; and if there be no males but females, the adopted (male) shall have an equal share: and he shall not be obliged to perform the duties of the adopter and to take to himself the goods whatever the adopter have left; and more the adopted shall not come to. XI. And if the adopter should die without leaving natural children, the goods shall return to those who belong to the adopter. And if the adopter (will?) he shall renounce in the market-place from the stone from which addresses are made, when the citizens are assembled. And he shall hand over . . . .staters to the law-court. And the registrar shall give back as a guest-present to him that was renounced. And a woman shall not adopt, nor shall an ungrown male. And these shall be dealt with, as he has written these writings, and for matters previous, however any one be, there shall no longer be right to sue either for the adopted or against the adopted.

Ссылаются нормы: AWomanShallNotAdopt, AdoptFromTheStone, AdoptedOwesTheDuties, AdoptedSharesAsADaughterWhereThereAreSons, AdoptedSharesEquallyWhereOnlyDaughters, AdoptedTakesAllWhereNoNaturalChildren, AdopterOwesVictimAndWine, AdopterOwesVictimAndWineFact, AdoptionIsDeclaredFromTheStone, AdoptionTakesEffect, AnUngrownMaleShallNotAdopt, DeclaredFromTheStone, GiveVictimAndWine, GoodsReturnOnDeathWithoutNaturalChildren, GrownMaleClosure, NaturalChildrenClosure, NaturalMalesClosure, NoSuitForAdoptionsBeforeTheseWritings, NotPerformingLosesTheGoods, PerformanceClosure, RegistrarGivesTheGuestPresent, RenounceFromTheStone, RenouncerPaysTheLawCourt, RenunciationFromTheStone, UngrownMaleAdopts, WomanAdopts

en · official · sha256:004534098881784a14ec22bc4049cc439829ddd4e004e2b088b01119e63c2926

Whoever leads away a man 1 before trial, shall always be received 2 (?).

Ссылаются нормы: LedAwayBeforeTrialMayBeReceived

en · official · sha256:78530469a334f03a1b070cdd4b404b1d30aa7fee9ba3b4aaac18f184e510e4c8

A judge, whatever it has been written he should judge according to witnesses or as denied on oath, shall so judge as has been written; and in respect of other matters he shall decide on oath in reference to the matters in contention.

Ссылаются нормы: IssueAttestationClosure, IssueResolvedAsWritten, IssueResolvedOnJudgesOath, JudgeBoundWhereModeIsWritten, JudgeDecidesOnOathOtherwise, JudgeDecidesOnOathWhereExpress, JudgeJudgesAsWritten, JudgeShallJudgeAsWritten, WrittenModesClosure, assert-1, assert-11, assert-12, assert-14, assert-16, assert-18, assert-19, assert-2, assert-21, assert-22, assert-24, assert-26, assert-27, assert-29, assert-31, assert-32, assert-34, assert-4, assert-41, assert-43, assert-45, assert-46, assert-48, assert-49, assert-51, assert-52, assert-54, assert-55, assert-57, assert-58, assert-6, assert-8, assert-9

en · official · sha256:aa80f2d71532433990105e0693009ae06931dc55bcc33f70fac750a479e9b443

If (a man) die, owing money or having lost a suit, if those to whomsoever it belongs will to take over the goods, to restore for him the damages and the money to whomsoever he owes, they shall have the goods. And if they will not, the goods shall be at the disposal of those who won the suit or those to whom he owes the money, and other damage there shall be none to those who belong. And there shall be led away on account of the father the father’s goods, and on account of the mother the mother’s goods.

Ссылаются нормы: FathersGoodsForFathersDebt, GoodsToTheCreditorsWhereNoneTakeOver, MothersGoodsForMothersDebt, NoFurtherDamageToThoseBelonging, TakingOverClosure

en · official · sha256:64a0e003c1bc1b32307c933a64899617d0d549a88f46014ac1295f5e4eae5b96

A woman who ever separates from a man, if the judge shall adjudge an oath, shall deny on oath within twenty days in the presence of the judge. Whatever he imputes to her, he shall give notice (thereof) at the commencement of the suit to the woman and to the judge and to the registrar the fourth day before in the presence of . . . . . (14 lines wanting.)

Ссылаются нормы: NoticeTheFourthDayBefore, SeparationDenialIsOathBound, TwentyDaysForTheOath, assert-57, assert-58, assert-59

en · official · sha256:e835f6c1874722b8ba49816a6b3dad7388a581192ba835ffc63c768002ea781c

If a son gave goods to his mother or a man to a woman, as had been written before these writings, there shall be no right to sue; but for the future he shall give as has been written.

Ссылаются нормы: FutureGiftsAsWritten, NoSuitForGiftsBeforeTheseWritings

en · official · sha256:d5928420ed64dd68aecb919dae5a880b3d39ab6b7be37f3ac5bdd9ae11751b69

Heiresses, if there be no orphan-judges, so long as they are unripe, shall be dealt with in accordance with what has been written. And whenever, there being no one belonging and no orphan-judges, and heiress be brought up with her mother, the father’s brother and the mother’s brother, who have been written, shall manage the goods and the produce, however they best can, until she be wedded. And she shall be wedded, when aged twelve years or older. 6 Others ‘from whence,’ i.e. from what family. 1 , i.e. a man slave. 2 We should rather have expected: ‘Any one may receive a man whom a suitor leads away before trial.’ And so the sentence is generally understood. XII.

Ссылаются нормы: TwelveYearsOrOlder, UnclesManageWhereThereAreNoOrphanJudges