him according to the law. If the sons of a man
require guardians, and the father when he dies leaves
a will appointing guardians, those who have been named
by him, whoever they are and whatever their number
be, if they are able and willing to take charge of
the children, shall be recognised according to the
provisions of the will. But if he dies and has
made no will, or a will in which he has appointed
no guardians, then the next of kin, two on the father’s
and two on the mother’s side, and one of the
friends of the deceased, shall have the authority
of guardians, whom the guardians of the law shall appoint
when the orphans require guardians. And the fifteen
eldest guardians of the law shall have the whole care
and charge of the orphans, divided into threes according
to seniority—a body of three for one year,
and then another body of three for the next year,
until the cycle of the five periods is complete; and
this, as far as possible, is to continue always.
If a man dies, having made no will at all, and leaves
sons who require the care of guardians, they shall
share in the protection which is afforded by these
laws. And if a man dying by some unexpected fate
leaves daughters behind him, let him pardon the legislator
if when he gives them in marriage, he have a regard
only to two out of three conditions—nearness
of kin and the preservation of the lot, and omits the
third condition, which a father would naturally consider,
for he would choose out of all the citizens a son
for himself, and a husband for his daughter, with a
view to his character and disposition—the
father, I say, shall forgive the legislator if he
disregards this, which to him is an impossible consideration.
Let the law about these matters where practicable be
as follows: If a man dies without making a will,
and leaves behind him daughters, let his brother,
being the son of the same father or of the same mother,
having no lot, marry the daughter and have the lot
of the dead man. And if he have no brother, but
only a brother’s son, in like manner let them
marry, if they be of a suitable age; and if there be
not even a brother’s son, but only the son of
a sister, let them do likewise, and so in the fourth
degree, if there be only the testator’s father’s
brother, or in the fifth degree, his father’s
brother’s son, or in the sixth degree, the child
of his father’s sister. Let kindred be always
reckoned in this way: if a person leaves daughters
the relationship shall proceed upwards through brothers
and sisters, and brothers’ and sisters’
children, and first the males shall come, and after
them the females in the same family. The judge
shall consider and determine the suitableness or unsuitableness
of age in marriage; he shall make an inspection of
the males naked, and of the women naked down to the
navel. And if there be a lack of kinsmen in a
family extending to grandchildren of a brother, or
to the grandchildren of a grandfather’s children,
the maiden may choose with the consent of her guardians