These fragments, which are far earlier than the great inscription
above-mentioned, have been assigned to about 650 B.C. They precede the
introduction of coined money into Crete, the penalties being reckoned,
not in coins, but in caldrons. They deal with the powers of the
magistrates and the observances of religion, but are mainly concerned
with private matters of barter and sale, dowry and adoption,
inheritance and succession, fines for trespass and questions of
blood-money. As in the code of Zaleucus, we have a fixed scale of
penalties, including the fine of a single tripod, and ranging from one
to a hundred caldrons.
The great inscription is perhaps two centuries later (c. 450 B.C.). It
consists of a number of amendments or additions to an earlier code,
and it deals exclusively with private law, in which the family and
family property occupy the largest part. The procedure is entirely
oral; oaths and other oral testimony are alone admitted; there are no
documentary proofs, and no record of the verdict except in the memory
of the judge or of his "remembrancer." All the causes are tried before
a single judge, who varies according to the nature of the suit. Where
the law specially enjoins it, he is bound to give judgment ([Greek:
dikadden]) in accordance with the law and the "witnesses or oaths,"
but, in other cases, he is permitted to take oath and decide ([Greek:
krinein]) in view of "the contentions of the parties," as
distinguished from "the declarations of the witnesses." Offences
against the person are treated as matters of private compensation
according to a carefully graduated tariff. In certain cases the
defendant may clear himself by an "oath of purgation" with the support
of "cojurors" ([Greek: homomotai]), the _Eideshelfer_ of old Germanic
law (Grimm 859 f.), who have no necessary knowledge of the facts.
There is no interference with the exposure of infants, except in the
interest of the father (if the child is free-born) or of the lord (in
the case of serfs). The law of debt is primitive, though less severe
than that of the early Romans. In contrast with these primitive
elements we have others which are distinctly progressive. The estates
of husband, wife and sons are regarded as absolutely distinct. Wills
are unknown, even in their most restricted form. Elaborate provisions
are made to secure with all speed the marriage of an "heiress"; she is
bound to marry the eldest of her paternal uncles or to surrender part
of her estate, and it is only if there are no paternal uncles that she
is permitted to marry one (and that the eldest) of their sons.
Adoption is made by the simple procedure of mounting a block of stone
in the market-place and making a public announcement at a time when
the citizens are assembled. The adopted son does not inherit any
larger share than that of a daughter. Any one who desires to repudiate
Public-domain text, read in full here on John Shaqi.
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