Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
“This remarkable instrument is witnessed by two scribes, with an
attestation clause that might almost have been drafted yesterday. The
papyrus is a valuable contribution to the study of ancient law, and
shows, with a graphic realism, what a pitch of civilization the ancient
Egyptians had reached,--at least from a lawyer’s point of view. It has
hitherto been believed that, in the infancy of the human race, wills
were practically unknown. There probably never was a time when
testaments, in some form or other, did not exist; but, in the earliest
ages, it has so far been assumed that they were never written, but were
nuncupatory, or delivered orally, probably at the deathbed of the
testator. Among the Hindus to this day the law of succession hinges upon
the due solemnization of fixed ceremonies at the dead man’s funeral, not
upon any written will. And it is because early wills were verbal only
that their history is so obscure. It has been asserted that among the
barbarian races the bare conception of a will was unknown; that we must
search for the infancy of testamentary dispositions in the early Roman
law. Indeed, until the ecclesiastical power assumed the prerogative of
intervening at every break in the succession of the family, wills did
not come into vogue in the West. But Mr. Petrie’s papyrus seems to show
that the system of settlement or disposition by deed or will was long
antecedently practised in the East.”
WILL OF SENNACHERIB
(681 B.C.)
The will of the Assyrian monarch is the next earliest written will which
can be cited. It was found in the royal library of Konyunjik, where we
read that to his favorite son, Esarhaddon, not being yet
heir-presumptive, he bequeaths “certain bracelets, coronets, and other
precious objects of gold, ivory, and precious stones, deposited for
safe-keeping in the temple of Nebo.”
Sennacherib was assassinated in the year 681 B.C. by two of his sons; he
was succeeded by Esarhaddon.
THE WILL OF PLATO
(348 B.C.)
We give this will, handed down to us by Diogenes Laertius, being of
interest, not from anything it contains, but curious, whether from its
antiquity or as an illustration of the very simple form employed by the
Greeks three hundred and fifty years before the Christian era. Of its
intrinsic value as coming from the mind and the hand of Plato we need
say nothing.
“These things hath Plato left and bequeathed: The farm of Hephæstiades
bounded, etc. It is forbidden to sell or alienate it; but it shall
belong to my son Adimantes, who shall enjoy the sole proprietorship
thereof. I give him likewise the farm of Hereusiades, situated, etc. It
is the one I acquired by purchase.
“Further, I give to my son Adimantes, three mines in cash, a silver vase
weighing one hundred and sixty-five drachmæ, a cup of the same metal
weighing sixty-five, a ring and pendant in gold weighing together four
drachmæ, with three mines due to me from Euclid the gem-engraver.
Public-domain text, read in full here on John Shaqi.
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