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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/26341-0.txt b/26341-0.txt new file mode 100644 index 0000000..218eaa2 --- /dev/null +++ b/26341-0.txt @@ -0,0 +1,6337 @@ +The Project Gutenberg EBook of On The Structure of Greek Tribal Society: +An Essay by Hugh E. Seebohm + + + +This eBook is for the use of anyone anywhere at no cost and with almost no +restrictions whatsoever. You may copy it, give it away or re-use it under +the terms of the Project Gutenberg License included with this eBook or +online at http://www.gutenberg.org/license + + + +Title: On The Structure of Greek Tribal Society: An Essay + +Author: Hugh E. Seebohm + +Release Date: August 18, 2008 [Ebook #26341] + +Language: English + +Character set encoding: UTF-8 + + +***START OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** + + + + + + ON THE STRUCTURE + + OF + + GREEK TRIBAL SOCIETY + + AN ESSAY + + by + + Hugh E. Seebohm + + London + + MacMillan And Co. + + And New York + + 1895. + + + + + +CONTENTS + + +Preface +Chapter I. Introductory. +Chapter II. The Meaning Of The Bond Of Kinship. + § 1. The Duty Of Maintenance Of Parents During Life, And After Death At + Their Tomb. + § 2. The Duty Of Providing Male Succession. + § 3. The Position Of The Widow Without Child And The Duties Of An Only + Daughter. + § 4. Succession Through A Married Daughter: Growth Of Adoption: + Introduction Of New Member To Kinsmen. + § 5. The Liability For Bloodshed. +Chapter III. The Extent Of The Bond Of Kinship. + § 1. Degrees Of Blood-Relationship; The Ἀγχιστεία. + § 2. Limitations In Respect Of Succession Outside The Direct Line Of + Descent. + § 3. Division Amongst Heirs. + § 4. Qualifications For The Recognition Of Tribal Blood. + § 5. Limitations Of Liability For Bloodshed. +Chapter IV. The Relation Of The Family To The Land. + § 1. The Κλῆρος And Its Form. + § 2. The Relation Of The Κλῆρος To The Οἶκος. + § 3. The Householder In India: The Guest. + § 4. Tenure Of Land In Homer: The Κλῆρος And The Τέμενος. + § 5. Early Evidence _continued_: The Κλῆρος And The Maintenance Of The + οἶκος. + § 6. Early Evidence _continued_: The Τέμενος And The Maintenance Of The + Chieftain. + § 7. Summary Of The Early Evidence. + § 8. Hesiod And His Κλήρος. + § 9. Survivals Of Family Land In Later Times. + § 10. The Idea Of Family Land Applied Also To Leasehold And + Semi-Servile Tenure. +Chapter V. Conclusion. +Index. +Footnotes + + + + + + +PREFACE + + +These notes, brief as they are, owe more than can be told to my father’s +researches into the structure and methods of the Tribal System. They owe +their existence to his inspiration and encouragement. A suitable place for +them might possibly be found in an Appendix to his recently published +volume on the Structure of the Tribal System in Wales. + +In ascribing to the structure of Athenian Society a direct parentage +amongst tribal institutions, I am dealing with a subject which I feel to +be open to considerable criticism. And I am anxious that the matters +considered in this essay should be judged on their own merits, even +though, in pursuing the method adopted herein, I may have quite +inadequately laid the case before the reader. + +My thanks are due, for their ready help, to Professor W. Ridgeway, Mr. +James W. Headlam, and Mr. Henry Lee Warner, by means of whose kind +suggestions the following pages have been weeded of several of their +faults. + +It is impossible to say how much I have consciously or unconsciously +absorbed from the works of the late M. Fustel de Coulanges. His _La Cité +Antique_ and his _Nouvelles Recherches sur quelques Problèmes d’Histoire_ +(1891) are stores of suggestive material for the student of Greek and +Roman customs. They are rendered all the more instructive by the charm of +his style and method. I have merely dipped a bucket into his well. + +In quoting from Homer, I have made free use of the translations of Messrs. +Lang, Leaf, and Myers of the _Iliad_, and of Messrs. Butcher and Lang of +the _Odyssey_; and I wish to make full acknowledgment here of the debt +that I owe to them. + +Some explanation seems to be needful of the method pursued in this essay +with regard to the comparison of Greek customs with those of other +countries. The selection for comparison has been entirely arbitrary. + +Wales has been chosen to bear the brunt of illustration, partly, as I have +said, because of my father’s work on the Welsh Tribal System, partly +because the _Ancient Laws of Wales_ afford a peculiarly vivid glimpse into +the inner organisation of a tribal people, such as cannot be obtained +elsewhere. + +The _Ordinances of Manu_, on the other hand, are constantly quoted by +writers on Greek institutions; and, I suppose, in spite of the uncertainty +of their date, they can be taken as affording a very fair account of the +customs of a highly developed Eastern people. It would be hard, moreover, +to say where the connection of the Greeks with the East began or ended. + +The use made of the _Old Testament_ in these notes hardly needs further +remark. Of no people, in their true tribal condition before their +settlement, have we a more graphic account than of the Israelites. Their +proximity geographically to the Phœnicians, and the accounts of the +widespread fame of Solomon and the range of his commerce, at once suggest +comparison with the parallel and contemporaneous period of Achaian +history, immediately preceding the Dorian invasion, when, if we may trust +the accounts of Homer, the intercourse between the shores of the +Mediterranean must have been considerable. + +All reference to records of Roman customs has been omitted, not because +they are not related or analogous to the Greek, but because they could not +reasonably be brought within the scope of this essay. The ancestor-worship +among the Romans was so complete, and the organisation of their kindreds +so highly developed, that they deserve treatment on their own basis, and +are sufficient to form the subject of a separate volume. + +H. E. S. + +THE HERMITAGE, HITCHIN. +_July, 1895._ + +[Transcriber’s Note: This e-book contains much Greek text which is often +relevant to the point of the book. In the ASCII versions of the e-book, +the Greek is transliterated into Roman letters, which do not perfectly +represent the Greek original; especially, accent and breathing marks do +not transliterate. The HTML and PDF versions contain the true Greek text +of the original book. In the ASCII e-book, the markings such as (M1) +indicate marginal notes, which were printed in the margins of the original +book, but in the e-book are transcribed at the end with the footnotes.] + + + + + +CHAPTER I. INTRODUCTORY. + + +(M1) In trying to ascertain the course of social development among the +Greeks, the inquirer is met by an initial difficulty. The Greeks were not +one great people like the Israelites, migrating into and settling in a new +country, flowing with milk and honey. Their movements were erratic and +various, and took place at very different times. Several partial +migrations are described in Homer, and others are referred to as having +taken place only a few generations back. The continuation of unsettled +life must have had the effect of giving cohesion to the individual +sections into which the Greeks were divided, in proportion as the process +of settlement was protracted and difficult. + +But in spite of divergencies caused by natural surroundings, by the +hostility or subservience of previous occupants of the soil, there are +some features of the tribal system, wherever it is examined, so inherent +in its structure as to seem almost indelible. A new civilisation was not +formed to fit into the angles of city walls. Even modification could take +place only of those customs whose roots did not strike too deeply into the +essence of the composition of tribal society. + +(M2) It is the object of these notes to try to put back in their true +setting some of the conditions prevailing, sometimes incongruously with +city life, among the Greeks in historical times, and by comparison with +analogous survivals in known tribal communities, of whose condition we +have fuller records, to establish their real historical continuity from an +earlier stage of habit and belief. + +(M3) There were three important public places necessary to every Greek +community and symbolical to the Greek mind of the very foundations of +their institutions. These were:—the _Agora_ or place of assembly, the +place of justice, and the place of religious sacrifice. From these three +sacred precincts the man who stirred up civil strife, who was at war with +his own people, cut himself off. Such an one is described in Homer as +being, by his very act, “clanless” (ἀφρήτωρ), “out-law” (ἀθέμιστος), and +“hearthless” (ἀνέστιος).(1) In the camp of the Greeks before Troy the +ships and huts of his followers were congregated by the hut of their chief +or leader. Each sacrificed or poured libation to his favourite or familiar +god at his own hut door.(2) But in front of Odysseus’ ships, which, we are +told, were drawn up at the very centre of the camp, stood the great altar +of Zeus Panomphaios—lord of _all_ oracles—“exceeding fair.”(3) “Here,” +says the poet, “were _Agora_, _Themis_, and the altars of the gods.” + +The Trojans held _agora_ at Priam’s doors,(4) and it is noticeable that +the space in front of the chief’s hut or palace was generally considered +available for such purposes as assembly, games, and so forth, just as it +was with the ancient Irish. + +(M4) In the centre of most towns of Greece(5) stood the Prytaneum or +magistrates’ hall, and in the Prytaneum was the sacred hearth to which +attached such reverence that in the most solemn oaths the name of Hestia +was invoked even before that of Zeus.(6) Thucydides states that each κώμη +or village of Attica had its hearth or Prytaneum of its own, but looked up +to the Hestia and Prytaneum in the city of Athens as the great centre of +their larger polity. In just the same way the lesser kindreds of a tribe +would have their sacred hearths and rites, but would look to the hearth +and person of their chief as symbolical of their tribal unity. Thucydides +also mentions how great a wrench it seemed to the Athenians to be +compelled to leave their “sacred” homes, to take refuge within the walls +of Athens from the impending invasion by the Spartans.(7) + +The word _Prytanis_ means “chieftain.” It is probable that, as the duties +sacred and magisterial of the chief became disseminated among the other +officers of later civilisation, the chief’s dwelling, called the +Prytaneum, acquiring vitality from the indelible superstition attaching to +the hearth within its precincts, maintained thereby its political +importance, when nothing but certain religious functions remained to its +lord and master in the office of Archon Basileus. + +(M5) Mr. Frazer, in his article in the _Journal of Philology_(8) upon the +resemblance of the Prytaneum in Greece to the Temple of Vesta in Rome, +shows that both had a direct connection with, if not an absolute origin in +the domestic hearth of the chieftain. The Lares and Penates worshipped in +the Temple of Vesta, he says, were originally the Lares and Penates of the +king, and were worshipped at his hearth, the only difference between the +hearth in the temple and the hearth in the king’s house being the absence +of the royal householder.(9) + +Mr. Frazer also maintains that the reverence for the hearth and the +concentration of such reverence on the hearth of the chieftain was the +result of the difficulty of kindling a fire from rubbing sticks together, +and of the responsibility thus devolving upon the chieftain unfailingly to +provide fire for his people. Whether this was the origin or not, before +the times that come within the scope of this inquiry, the hearth had +acquired a real sanctity which had become involved in the larger idea of +it as the centre of a kindred, including on occasion the mysterious +presence also of long dead ancestors. + +(M6) The basis of tribal coherence was community of blood, actual or +supposed; the visible evidence of the possession of tribal blood was the +undisputed participation, as _one of a kindred_, in the common religious +ceremonies, from which the blood-polluted and the stranger-in-blood were +so strictly shut out.(10) It is therefore in the incidence of religious +duties, and in the qualifications of the participants, that it is +reasonable to seek survivals of true tribal sentiment. + +Although the religious life of the Greeks was always complex, there is not +to be found in Homer the broad distinction drawn afterwards between public +and private gods. It is noticeable that the later Greeks sought to draw +into their homes the beneficent influence of one or other of the greater +gods, whose protection and guidance were claimed in times of need by all +members of the household. Secondary influences, though none the less +strongly felt, were those of the past heroes of the house, sometimes only +just dead, to be propitiated at the family tombs or hearth. Anxiety on +this head, and the deeply-rooted belief in the real need to the dead of +attentions from the living, were, it will be seen, most powerful factors +in the development of Greek society. + +(M7) The worship of ancestors or household gods as such is not evident in +the visible religious exercises of the Homeric poems. But this can hardly +be a matter of surprise. The Greek chieftains mentioned in the poems are +so nearly descended from the gods themselves, are in such immediate +relation each with his guardian deity, and are so indefatigable in their +attentions thereto, that it would surely be extremely irrelevant if any of +the libations or hecatombs were perverted to any intermediate, however +heroic, ancestor from the all-powerful and ever ready divinity who was so +often also himself the boasted founder of the family.(11) + +(M8) The libations and hecatombs themselves, however, seem to serve much +the same purpose as the offerings to the _manes_ or household gods, and +relieved the luxurious craving for sustenance in the immortals, left +unsatisfied by their ethereal diet of nectar and ambrosia.(12) + +(M9) Yet it is strange that if libations and sacrifices were paid to the +dead _periodically_ at their tombs, no mention of the occurrence is to be +found in Homer. That the dead were believed to appreciate such attentions +may be gathered from the directions given by Circe to Odysseus. + + + “Then pour a drink-offering to all the dead, first with mead + (μελικρήτῳ), and thereafter with sweet wine, and for the third + time with water, and sprinkle white meal thereon.... and promise + thou wilt offer _in thy halls_(13) a barren heifer, the best thou + hast, and fill the pyre with treasure, and wilt sacrifice apart to + Teiresias alone a black sheep without spot, the fairest of your + flock.” + + +(M10) This done, the ghosts flock up to drink of the blood of the victim. +But the ghost of Elpenor, who met his death at the house of Circe by +falling from the roof in his drunken haste to join his already departed +comrades, and who had therefore received no burial at their hands, demands +no libations or sacrifices for the refreshment of his thirsty soul, but +merely burial with tears and a barrow upon the shore of the gray sea, that +his name may be remembered by men to come. + +Nestor’s son elsewhere is made to remark that one must not grudge the dead +their meed of tears; for the times are so out of joint, “this is now the +only due we pay to miserable men, to cut the hair and let the tear fall +from the cheek.”(14) + +Is the right conclusion then that the Homeric Greeks did not sacrifice at +the tombs of their fathers, and that the so-called ancestor-worship +prevalent later was introduced or revived under their successors? Or is it +that the aristocratic tone of the poet did not permit him to bear witness +to the intercourse with any deity besides the one great family of Olympic +gods, less venerable than a river or other personification of nature?(15) + +There exists such close family relationship amongst Homer’s gods, extended +as it is also to most of his chieftains, that taking into account the +conspicuous reverence displayed towards the hearth and the respect for +seniority in age, it may perhaps be justifiable to suppose that domestic +religious observances, other than those directed to the Olympic gods, were +thought by the poet to be as much beneath his notice as the swarms of +common tribesmen who shrink and shudder in the background of the poems. + +(M11) Ancestor-worship would be as much out of place in the Old Testament; +and yet there are references in the Bible to offerings to the dead which, +unless they are held to refer only to importations from outside religions +and not to relapses in the Israelites themselves to former superstitions +of their own people, imply that the great tribal religion of the +Israelites had superseded pre-existing ceremonies of ancestor-worship. + + + Deut. xxvi. 13. “And thou shalt say before the Lord thy God, I + have brought away the hallowed things out of mine house, and also + have given them unto the Levite and the stranger, to the + fatherless and to the widow, according to all thy commandments + which thou hast commanded me: I have not transgressed thy + commandments, neither have I forgotten them: I have not eaten + thereof in my mourning, neither have I taken away ought thereof + for any unclean use, nor _given ought thereof for the dead_.” + + +The transgressions of the Israelites in the wilderness are described in +the Psalms:—“They joined themselves also unto Baalpeor and _ate the +sacrifices of the dead_.”(16) + +It was not necessary for an ancestor to become a god to be worthy of +worship, or to need the attentions of the living. If he was thought to +haunt tomb or hearth, and to keep his connection thus with his family in +the upper world, he required nourishment on his visits. He was also +considered to keep a jealous watch on the continuance of his fair fame +among the living. + +(M12) A close resemblance in this point lies between the Homeric poems and +the Old Testament. Though actual food and drink is not provided for the +dead, yet the stress laid on the permanence of the family, _lest the name +of the dead be cut off from his place_, is quite in keeping with the +request of Elpenor to Odysseus to insure the continuance of his name in +the memory of living men. + +It is quite possible that, as the story of the interview of Odysseus with +the dead reveals that the idea of the dead enjoying sacrifices of food and +drink was familiar at that time, even though the periodical supply of such +is not mentioned, so the existence of Laban’s household gods and the +gathering of the kindred of Jesse to their family ceremony(17) may bear +witness to the presence of a survival of ancestor-worship in some +equivalent form, underlying the all-absorbing religion of the Israelites. +At this day the spirits of Abraham, Isaac, and Jacob are considered by the +Mohammedans of Hebron actually to inhabit the cave of Machpelah, and, in +the case of Isaac at any rate, to be extremely angered by any negligence +shown to their altars, either by omission of the customary ceremonies or +by admission within the sacred precinct of any stranger of alien faith. + +It must not therefore be inferred altogether that the regular +ancestor-worship so-called was of later origin amongst the Greeks, but +rather that the constitution of society did not afford it the same +prominence to the mind of Homer and perhaps his contemporaries, as it +acquired later. + +(M13) M. Fustel de Coulanges, in _La Cité Antique_, has so well +established the prevalence of ancestor-worship among the Greeks, drawing +illustration both from Indian and Roman sources, that no further instances +of its existence are needed here. + +The ceremonies however and offerings at the tombs of their fathers did not +supersede, amongst the Athenians at any rate, their worship of the Olympic +gods. The Olympic gods themselves moreover were clearly connected with +their family life. The protection of Zeus was specially claimed under the +title of γενέθλιος or even σύναιμος(18) and as ἑρκεῖος he received worship +upon the altar that stood in the court-yard of nearly every house in +Attica.(19) The permanent place of these gods in the homes of the people +is further denoted by the use of such epithets as ἐγγενεῖς(20) and +πατρῷοι.(21) + +(M14) The tombs, on the other hand, were not approached with the purpose +of invoking powerful aid, but rather with the intent of soothing a +troubled spirit with care and attention, and of providing it with such +nourishing refreshment as could not be procured in the regions of the +starving dead. + + + “I come, bringing to my son’s sire propitiating libations, such as + are soothing to the dead, from hallowed cow white milk, sweet to + drink; the flower distiller’s dew—clear honey; the virgin spring’s + refreshing draught; and undefiled from its wild mother, the liquid + gladness of the time-honoured vine; also from the ever-leafy + growth of the pale green olive fragrant fruit is here, and twined + flowers, children of the teeming earth.”(22) + + +(M15) The same idea of nourishment of the dead, though shared with the +other gods, determines the offerings in the Egyptian _Book of the +Dead_.(23) + + + “I live upon loaves, white wheat, beer, red wheat.... Place me + with vases of milk and wine, with cakes and loaves, and plenty of + meat in the dwelling of Anubis.”(24) + + + “Grant to me the funereal food, the drinks, the oxen, the geese, + the fabrics, the incense, the oil, and all the good and pure + things upon which the gods live.”(25) + + +There is one passage that almost implies that the dead retained in idea a +claim upon the produce of the land which nourished them whilst alive, or +that they had a special allotment even in the other world:— + + + “I sit down among the very great gods of Nut. A field extends for + me; the products of the ground are for me. I eat them; I am + favoured with them; I live in plenty by them.... I am given corn + and wheat for my mouth.”(26) + + +Chapter cxliv. of the _Book of the Dead_ is to be said, + + + “at the gate of every room while offering to each of them thighs + and heads of red cows, the value of seven vases; while offering + blood extracted from the heart, the value of a hundred vases; + sixteen loaves of white bread, eight round cakes, eight oval + cakes, eight broad thin cakes, eight measures of beer, and eight + of wheat, a perfumed oil-basin full of milk from a white cow, + green grass, green figs, mestem and beads of incense to be burnt.” + + +Chapter cxlviii. ordains that there + + + “shall be placed offerings before them of loaves, beer, meat, + incense, funereal dishes, bringing into favour with Râ and making + that the _deceased is fed in the netherworld_.” + + +(M16) In the next chapters frequent reference will be made to the +offerings to ancestors, or _manes_, among the ancient Hindoos. With them +the cake-offering to the dead became a most important symbol, uniting in a +common duty all descendants from certain ancestors within fixed degrees, +and marking them off in the matter of responsibility thereto from more +distant relations, who owed similar duty elsewhere. + +(M17) Being thus surrounded by nations that believed intensely in the need +in the dead of nourishment at the hands of their relatives on earth, it +would indeed be surprising if the Greeks were found not to share in the +belief. But the fact remains that in the earliest Greek literature it is +least conspicuous, and the gulf seems widest between the living and the +dead. Can this be laid to the charge of the artificial superstitions of a +philosophical class of poets? Or is it due to the true evolution of such +beliefs, that as long as our search touches upon the unsettled periods of +semi-migratory life, the tombs of individual members of a family being +scattered here or there wherever they meet their deaths, the offering to +the dead takes a special form, inasmuch as the solidarity of the tribe +eclipses the importance of the family as a unit, and the religious +ceremonies of the chieftain absorb the attention of the lesser members of +the tribe? + +M. de Coulanges points out that the meaning of the Latin word _Lar_ is +lord, prince or master, and that _Hestia_ was sometimes designated by the +Greeks with the similar title of mistress of the house, or princess.(27) + +If, as long as the tribe was felt to be a real unit, the religious +instincts of the tribesmen were concentrated upon the worship of their +tribal deities—the great ancestors of the tribe, and more emphatically and +directly the ancestors of their chieftain—it would be quite natural, in +the weakening of the central worship, for the titles of honour and respect +to be used equally towards those meaner ancestors who henceforth occupied +the religious energies of the head of each family or household. In +fulfilment of a similar sentiment, the later Greeks commonly used the word +ἥρως in speaking of a dead friend, deeming that any one who departed this +life passed to the ranks of those princes of the community from whom all +were proud to trace descent. + +(M18) M. de Coulanges considers that the sacred rites of the family at the +hearth formed a more real tie than the belief in a common blood; and that +upon this religious basis was built up the greater hearth of the Prytaneum +as the centre of city life, to bind together the several families +composing the community. But without pretending to come to a final +decision on this the main tendency of social development, surely something +may yet be said in favour of the contrary theory; that the reverence that +centred in the hearth was in effect the expression of the sanctity of the +tie of blood, as felt by all members of the house, and that this feeling +drew its real importance for the community, not from the founding of the +city by the amalgamation of several families, but as a survival from an +earlier stage of life, when society circled round what was then in more +than name the Prytaneum of the tribal chieftain. + +Facts are wanting to justify a conclusion as to which of these theories +bears the closest resemblance to the truth, but it is easy to imagine what +might be the line of development if the latter hypothesis be maintained. + +(M19) During the wanderings and migrations of peoples in the search for +greener pastures or broader lands, each community or tribe would be +constantly under arms and subject to attack from the enemies they were +passing through or subjugating. This constant sojourning in a strange +land, surrounded by foes, would be a source of much solidarity to the +tribe itself, drawing its members closely together for mutual defence and +subsistence. + +But when once the tribe had found a country to its taste, and had made a +settlement with borders comparatively permanently established, emphasis +would be transferred to the petty quarrels and internal dissensions +arising between different sections within the community itself. The tie of +common blood, uniting all members of the tribe, would be gradually +disregarded and displaced by the less homely and more political relation +of fellow-citizenship, which, though retaining many of the characteristics +of the tribal bond, would necessarily be felt in a very different manner. + +In this disintegration of the larger unit, the existence of kinship by +blood would be acknowledged only where the relationship was obvious and +well known. And it would no longer be sufficient merely to prove +membership of a kindred; as those outside certain limits would claim +exemption from the responsibilities entailed by closer relationship. + +(M20) So, too, in the matter of religious observance: the reverence of the +individual for the Prytaneum and common hearth of the state would undergo +a change into a less personal sentiment; the rites connected therewith +would be delegated to an official priest; and it is with the head of each +family, surrounded by those who are really conscious of their connection +by blood in common descent from much more immediate ancestors, that the +true tribal feeling would longest survive, though, of course, on much +narrower lines. + +The privileges of citizenship were, it will be seen, as carefully guarded +as those of the tribe, but in a more perfunctory and arbitrary manner; +whilst the intimate connection of the members of the family with the +hearth and the graves of their ancestors stands out in strong relief. + +By the time of Hesiod, besides the violation of the universal sanctity of +a guest or suppliant, the chief sins are against members of the same +household, defrauding orphans, or insulting an aged parent.(28) Behaviour +to other than blood-relations is regulated by expediency, by what you may +expect in return from your neighbours.(29) + +Whether the family is to be regarded as the chief factor in the +composition of the city, or how much of its composition the city owes to +direct inheritance from the tribal system, must, as has been said, be left +unsolved. Some small light may perhaps be shed upon the problem as this +inquiry proceeds. + +(M21) At any rate, if the true basis of the organisation of the family and +the kindred, as found in historic times in Greece, could once be +established, material assistance ought to have been gained for rightly +understanding the structure of that earlier society, whatever it was, from +which the rules, that govern those within the bond of kinship, were +survivals. + + + + + +CHAPTER II. THE MEANING OF THE BOND OF KINSHIP. + + +παῖδες γὰρ ἀνδρὶ κληδόνες σωτήριοι +θανόντι: φελλοὶ δ᾽ ὥς ἄγουσι δίκτυον, +τὸν ἐκ βυθοῦ κλωστῆρα σώζοντες λίνου. + _Aeschylus._ + + + + +§ 1. The Duty Of Maintenance Of Parents During Life, And After Death At +Their Tomb. + + +(M22) As the hearth was the centre of the sanctity and reverence of the +family, so the word οἶκος was the customary term to signify the smaller +group of the composite γένος, consisting of a man and his immediate +descendants. In the first place, the individual was absolutely committed +to sacrifice all his personal feelings for the sake of the continuity of +his οἶκος, and this was his supreme duty. But whereas several οἶκοι traced +their descent from a common ancestor, a group of gradually diverging lines +of descent were formed, sharing mutually the responsibility of the +maintenance of continuity, and the privilege of inheritance and +protection. + +Before examining how far these parallel lines remained within the reach of +claims of kinship, or how soon the reverence for the more immediate +predecessors absorbed the memory of the more remote ancestor, it will be +well to have a clear understanding of what the claims of kindred were, and +how they affected the member of the οἶκος, in respect of his duties +thereto. + +(M23) Plato(30) declares that honour should be given to:— + +1. Olympian Gods. + +2. Gods of the State. + +3. Gods below. + +4. Demons and Spirits. + +5. Heroes. + +6. Ancestral Gods. + +7. _Living Parents_, “to whom we have to pay the greatest and oldest of +all debts: in property, in person, in soul; paying the debts due to them +for the care and travail which they bestowed on us of old in the days of +our infancy, and which we are now to pay back to them when they are old +and in the extremity of their need.” + +(M24) The candidates for the archonship were asked, among other things, +whether they treated their parents properly.(31) It was only in case of +some indelible stain, such as wife-murder, that the debt of maintenance of +the parent was cancelled.(32) Yet even when the father had lost his right +of maintenance by crime or foul treatment, the son was still bound to bury +him when he died and to perform all the customary rites at his tomb.(33) + +“Is it not,” says Isaeus, “a most unholy thing, if a man, without having +done any of the customary rites due to the dead, yet expects to take the +inheritance of the dead man’s property?”(34) + +(M25) The duty of maintenance of the parent thus extended even beyond the +tomb, and this retrospective attitude of the individual gives us the clue +to his position of responsibility also with regard to posterity. + +The strongest representation possible of this attitude is given in the +_Ordinances of Manu_, where it is stated that a man “goes to hell” who has +no son to offer at his death the funeral cake. + +(M26) “No world of heaven exists for one not possessed of a son.” The +debt, owed by the living member of a family to his _manes_, was to provide +a successor to perform the rites necessary to them after his own death. + + + “By means of the eldest son, as soon as he is born, a man becomes + possessed of a son and is thus cleared of his debt to the _manes_” + + + “A husband is born again on earth in his son.” + + + “If among many brothers born of one father, _one_ should have a + son, Manu said all those brothers would be possessed of sons by + means of that son.” + + +_i.e._ one representative was sufficient as regards the duties to the +_manes_ in the house of the grandfather. + + + “Thro’ a son one conquers worlds, thro’ a son’s son one attains + endlessness, and through the son’s son of a son one attains the + world of the Sun.” + + + “The sort of reward one gets on crossing the water by means of bad + boats is the sort of reward one gets on crossing the darkness (to + the next world) by means of bad sons.”(35) + + +(M27) Plato expresses the same feeling in the _Laws_:(36) + + + “After a sort the human race naturally partakes of immortality, of + which all men have the greatest desire implanted in them; for the + desire of every man that he may become famous, and not lie in the + grave without a name, is only the love of continuance ... In this + way they are immortal leaving [children’s] children behind them, + with whom they are one in the unity of generation. And for a man + voluntarily to deprive himself of this gift of immortality, as he + deliberately does who will not have a wife and children, is + _impiety_.” + + +The functions and duties of the individual towards his family and +relations thus find their explanation in his position as link, between the +past and the future, in the transmission to eternity of his family blood. + +His duties to his ancestors began with the death of his father. He had at +Athens to carry out the corpse, provide for the cremation, gather the +remains of the burnt bones, with the assistance of the rest of the +kindred,(37) and show respect to the dead by the usual form of shaving the +head, wearing mourning clothes, and so on. Nine days after the funeral he +must perform certain sacrifices and periodically after that visit the +tombs and altars of his family in the family burying-place.(38) If he had +occasion to perform military service, he must serve in the tribe and the +deme of his parent (στρατεύειν ἐν τῇ φυλῇ καὶ ἐν τῷ δήμῳ).(39) Before he +can enter into his inheritance he must fulfil all the ordinances incumbent +on one in his position, and in the Gortyn Laws it is stated that an +adopted heir cannot partake of the property of his adoptive father unless +he undertakes the sacred duties of the house of the deceased.(40) Thus the +right of ownership of the family estate rested always with the possession +of the blood of the former owners; and such a representative demonstrated +his right by stepping into his predecessor’s shoes and by taking upon +himself all responsibility for the fulfilment of the rites, thereafter to +be performed to him also when he shall have been gathered to the majority +of his family. + + + + +§ 2. The Duty Of Providing Male Succession. + + +But however piously and carefully he performed his many duties to his +ancestors, his work was only transitory and incomplete, unless he provided +a successor to continue them after him into further generations. + +(M28) The procreation of children was held to be of such importance at +Sparta(41) that if a wife had no children, with the full knowledge of her +husband she admitted some other citizen to her, and children born from +such a union were reckoned as born to the continuation of her husband’s +family, without breach of the former relations of husband and wife.(42) +This is the exact custom stated in the _Ordinances of Manu_ (ix. 59), +where it is laid down that a wife can be “commissioned” by her husband to +bear him a son, but she must only take a kinsman within certain degrees, +whose connection with her ceases on the birth of one son.(43) Otherwise it +was a man’s duty to divorce a barren wife and take another. But he must +divorce the first, and could not have two hearths or two wives.(44) + +A curious instance of how this sentiment worked in practice in directly +the opposite direction to our modern ideas, is mentioned in Herodotus. +Leaders of forlorn hopes nowadays would be inclined to pick out as +comrades the unmarried men, as having least to sacrifice and fewest duties +to forego. Whereas Leonidas, in choosing the 300 men to make their famous +and fatal stand at Thermopylae, is stated to have selected all _fathers +with sons living_.(45) + +Hector is made to use this idea in somewhat similar manner. He encourages +his soldiers with:— + + + “If a man fall fighting for his fatherland, it is no dishonourable + thing: and his wife and his children left behind, and his οἶκος + and κλῆρος are unharmed, if the Achaians go but back to their own + country.”(46) + + +If the enemy are driven out, though he be killed himself, yet if he leave +children behind, his household and their property will remain unharmed. + +All about to die, says Isaeus, take thought not to leave their οἶκος +desolate (ἔρημος),(47) but that there shall be some one to carry the name +of their house down to posterity, who shall perform all the customary +rites at the tomb due to them also when they shall have joined the ranks +of ancestors.(48) + +Where children were reckoned of the tribe of their father and not of their +mother, and where a woman was incapable of performing sacred rites, a male +heir was necessary for the direct transmission of blood and property. Sons +entered upon their inheritance immediately on the death of their father, +nor had he the power to dispossess them in favour of others, whilst +brothers, cousins, legatees, had always to prove their title and procure +judgment from the court in their favour.(49) + +(M29) Failing sons however, the next descent lay through a daughter. Nor +were her qualifications in herself complete or sufficient in theory to +form the necessary link in the chain of succession. The next of kin male +had to marry her with the property of which she was ἐπίκληρος;(50) but +neither she nor he really possessed the property, and the sons born from +the marriage succeeded thereto directly on attaining a certain age. The +next of kin had in the meantime of course to represent his wife’s father +in all the religious observances, and was said to have power to live with +the woman (κύριος συνοικῆσαι τῇ γυναικί), but not to dispose of the +property (κύριος τῶν χρημάτων);(51) the sons becoming κύριοι τῶν χρημάτων +at sixteen years old, and owing thence only maintenance (τρέφειν) to their +mother from the property.(52) The heiress was compelled to marry at a +certain age and was adjudicated by law to the proper kinsman.(53) + +Again an exact parallel is to be found in the _Ordinances of Manu_:— + + + “One who is without a son should, by the following rule, make his + daughter provide him a son:—‘The offspring which may be hers shall + be for me the giver of offerings to the _manes_.’ ” + + +The whole property of a man is taken by this daughter’s son,(54) and, by +her bearing a son, _her father_ “becomes possessed of a son, who should +give the funeral cake and take the property.”(55) + +If she die without a son, her husband would take (presumably by a sort of +adoption).(56) But this would be perfectly natural, if, as in Greece, her +husband was bound to be the next of kin and therefore heir failing issue +from her. + +(M30) At Athens it was part of the office of the archon to see that no +οἶκος failed for want of representatives, to constrain a reluctant heiress +to marry or to compel the next of kin to perform his duty. Plato(57) asks +pardon for his imaginary legislator, if he shall be found to give the +daughter of a man in marriage having regard only to the two +conditions—nearness of kin, and the preservation of the property; +disregarding, in his zeal for these, the further considerations, which the +father himself might be expected to have had, with regard to the +suitability of the match.(58) + +(M31) A certain leniency was however allowed to the heiress who was +unwilling to marry an obnoxious kinsman, and to the kinsman who had +counterclaims upon him in his own house. Nevertheless the rules remained +very strict. Isaeus states emphatically,(59) “Often have men been +compelled by law to give up their properly wedded wives, owing to their +becoming ἐπίκληροι through the death of their brother to their father’s +property and having to marry the next of kin (τοῖς ἐγγυτάτα γένους),” to +prevent the extinction of their father’s house. + +Manu warns those about to marry to be careful that their children shall +not be required to continue their wives’ father’s family, to the +desolation of their own. + + + “She who has not a brother ... let not a wise man marry her, + through fear of the law about a daughter’s son.”(60) + + +Again Isaeus:— + + + “We, because of our nearness of kin, would have been compelled to + maintain (γηροτροφεῖν) our aged grandfather and either ourselves + marry Cleonymos’ (our uncle’s) daughters or give them away with + their portions to others and all this our kinship, the laws, and + _our shame_ would have compelled us to perform or incur the + greatest penalties and the _utmost disgrace_.”(61) + + +(M32) In the laws of Gortyn very clear rules are laid down to be followed +where there were difficulties in the way of the heiress marrying the next +of kin. + + + “The heiress shall marry the eldest brother of her father that is + alive. If there are more heiresses and uncles, they shall ever + marry the eldest. If there are no uncles but sons of uncles, she + shall marry the son of her father’s eldest brother. If there are + more than one heiress and sons of uncles, they shall ever marry + the son of the eldest in order: but a man shall not marry more + than one heiress”(62) + + +There is also a statement made by Demosthenes(63) that sounds as if it +might have come from the _Ordinances of Manu_. It is there stated that if +there were more than one heiress, _only one_ need be dealt with in respect +to _providing succession_, though all shared in the property. + +The law of Gortyn goes on:— + + + “If the man will not marry her, though of age and wishing to + marry, the guardians of the heiress shall sue, and the judge shall + condemn him to marry her in two months. If he will not marry her, + according to the law, she shall have all the property and shall + marry the next of kin (after him) if there is one.... + + + “If she is of age and does not wish to marry the next of kin or if + he is a minor and she does not wish to wait, she ... can marry + whom she will of those who claim her of the tribe. But she shall + apportion off his share of the property to the first of kin. + + + “If there are no kin to her, she shall have all the property and + marry whom she will of the tribe. + + + “If no one of the tribe will marry her, her guardians shall ask + throughout the tribe, ‘ Will any marry her?’ And if any one then + marries her, he shall do it in thirty days after the ‘asking.’ But + if there is still no one, she shall marry any one else she can.” + + +Such pains were taken to find a representative for the deceased in his +family, or at any rate in his _tribe_.(64) + +(M33) The same questions seem to have arisen amongst the Israelites in the +time of Moses. + + + Numbers xxxvi. 8. “And every daughter that possesseth an + inheritance (LXX. ἀγχιστεύουσα κληρονομίαν) in any tribe of the + children of Israel, shall be wife unto one of the family of the + tribe of her father (ἐνὶ τῶν ἐκ τοῦ δήμου τοῦ πατρὸς αὐτῆς), that + the children of Israel may enjoy (ἀγχιστεύειν) every man the + inheritance of his fathers. + + + “Even as the Lord commanded Moses, so did the daughters of + Zelophehad. + + + “For Mahlah, Tirzah and Hoglah, and Milcah, and Noah, the + daughters of Zelophehad, were married unto their father’s + brother’s sons (LXX. τοῖς ἀνεψιοῖς αὐτῶν).” + + + + +§ 3. The Position Of The Widow Without Child And The Duties Of An Only +Daughter. + + +(M34) The _levirate_, or marriage with deceased husband’s brother, seems +to have had no place in Greek family law. The wife was of no _kin_ +necessarily to the husband; and so it would not tend to strengthen the +transmission of blood if the next of kin married the widow on taking the +inheritance of his relative deceased without issue. The wife in Greek law +could not inherit from her husband, whose property went to his father’s or +mother’s relations; and only when it became a question of finding an heir +to her _son_, and failing all near paternal kinsmen, could the inheritance +pass through her, and then as the mother of her dead son, not as widow of +her dead husband. Even then, being a woman, she had no right of enjoyment, +only of transmission. She could only inherit on behalf of her issue by a +second husband, and failing her issue the inheritance would pass to her +brothers and so on. In Greece the claim upon the δαήρ (Latin _levir_) for +marriage seems to have begun with his brother’s daughter, not his +brother’s widow. + +(M35) The childless widow on the death of her husband had to return to her +own family or whoever of her kindred was guardian (κύριος) of her, and if +she wished, be given again in marriage by him.(65) + +The woman at Athens even after marriage always retained her κύριος or +guardian,(66) who was at once her protector and trustee. He was probably +the head of the οἶκος to which she originally belonged—her next of kin—and +had great power over her.(67) + +A case there is(68) where the heir to the property also takes the wife of +the previous owner; but in this case the husband may have been κύριος of +his own wife, and so could bequeath, or give her away to whomever he +liked.(69) + +In the _Ordinances of Manu_, the limitations of the levirate are very +strictly defined.(70) In the case of a man leaving a widow, she must not +marry again, or she lost her place in heaven by his side. + +But if she was childless, the next of kin of her husband must beget one +son by her; he did not _marry_ her, and his connection with her _ceased on +the birth of a son_. + +(M36) The laws of Manu otherwise are strict against the marriage of close +relations; a restriction not found in Greece. + +Isaeus(71) mentions that it was thought quite natural for a man to marry +his first cousin in order to concentrate the family blood, and prevent her +dowry or whatever property might come to her from going outside his οἶκος, +and we know that even marriage with a half-sister (not born of the same +mother) was not forbidden. + +There are more instances than one in Homer of a man marrying his aunt, or +niece. + +The nearest resemblance to the levirate in Greece is the occasional custom +at Sparta, mentioned already, of a wife being “commissioned” to bear +children by another man into the family of her husband. But this exists in +Manu, side by side with the above-mentioned custom of levirate proper. + +(M37) Among the Israelites, the levirate was in full force; the craving +for continuance was the same as among the followers of Manu and the +Greeks; and the custom with regard to heiresses is so vividly told that it +is worth quoting at some length. + + + Deut. xxv. 5. “If brethren dwell together and one of them die and + have no child, the wife of the dead shall not marry without unto a + stranger: her husband’s brother [_i.e._ next of kin] shall go in + unto her and take her to him to wife and perform the duty of an + husband’s brother to her. + + + “And it shall be that the firstborn which she beareth shall + _succeed in the name of his brother that is dead_, that his name + be not put out of Israel. + + + “And if the man like not to take his brother’s wife, then let his + brother’s wife go up to the gate unto the elders and say, ‘My + husband’s brother refuseth to raise up unto his brother a name in + Israel, he will not perform the duty of my husband’s brother.’ + + + “Then the elders of his city shall call him and speak unto him: + and if he stand to it and say, ‘I like not to take her,’ then + shall his brother’s wife come unto him in the presence of the + elders, and loose his shoe from off his foot, and spit in his + face, and shall answer and say: ‘So shall it be done unto that man + that will not build up his brother’s house (LXX. οἶκος).’ + + + “And his name shall be called in Israel, ‘The house (οἶκος) of him + that hath his shoe loosed.’ ” + + +(M38) Such was the scorn felt for the man who refused to perform the +duties of nearest kinsman. In the thirty-eighth chapter of Genesis is told +the story of Tamar, the wife of Judah’s eldest son who died childless. The +second son’s refusal to raise up seed to his brother because he knows that +_his own name will not be perpetuated thereby, but his brother’s_, meets +with summary punishment. “And the thing that he did was evil in the sight +of the Lord, and He slew him also.”(72) Afterwards, when it was reported +to her father-in-law that Tamar had a child by some one not of his family, +he was exceedingly wroth, and said, “Bring her forth and let her be +burnt.” Accordingly, after he had received his own “tokens” from her hand, +his approval of her action, in her desire to perpetuate the name of her +dead husband, is all the more striking, and shows how real such a claim as +Tamar’s was in the practice of those days, extreme though her action was +felt to be. And Judah acknowledged his tokens and said, “She hath been +more righteous than I: because that I gave her not to Shelah my [youngest] +son.” + +(M39) The statement of the customary procedure in Deuteronomy is very +picturesquely illustrated and fulfilled in detail in the story of Ruth, +who though only a daughter-in-law takes the position of heiress through a +sort of adoption by her mother-in-law Naomi, on her refusal to go back to +her own people. “Where thou goest, I will go: where thou lodgest, I will +lodge: thy people shall be my people, and thy God, my God. Where thou +diest will I die, and there will I be buried.” She accepts Naomi’s hearth +her kin, her religion, and finally her tomb. + +Elimelech and his two sons dying in Moab, Naomi and both her +daughters-in-law are left widows in a strange land. If Naomi had other +sons, upon them would have devolved the duty of taking Orpah and Ruth to +wife. But Naomi declares herself(73) too old to marry again and be the +mother of sons, and implores her daughters-in-law to return to their own +people in Moab, where she hopes they will start afresh with new husbands, +a course which seems always to have been open to wives in tribal +communities. Orpah does so, but Ruth elects to remain with Naomi, and +returning with her to Bethlehem takes her chance among the kindred of +Elimelech. Happening to arrive at Bethlehem at the beginning of the barley +harvest, it so chances that Ruth goes forth to glean upon that part of the +open field which belonged to Boaz—a rich man of the συγγενία of Elimelech, +who, having heard of her devotion to Naomi and the house of his late +kinsmen, protects her from possible insult from strangers and treats her +richly. On her return home Naomi informs her that Boaz is of their next of +kin (τῶν ἀγχιστευόντων)(74) whose place it was to redeem property sold or +lost by a kinsman. This duty is thus set forth in Leviticus:— + + + (M40) Lev. xxv. 25. “And if thy brother be waxen poor and sell + some of his possession, then shall his kinsman (ἀγχιστεύων) that + is next to him come and shall redeem that which his brother hath + sold.” + + +An instance of it in practice is given in Jeremiah. + + + Jerem. xxxii. 8. “So Hanameel mine uncle’s son came to me in the + court of the guard according to the word of the Lord and said unto + me, ‘Buy my field, I pray thee, that is in Anathoth which is in + the land of Bethlehem: for the right of inheritance is thine, and + the redemption is thine: buy it for thyself.’ ” + + +But on Ruth’s applying to Boaz, he informs her that though he is +ἀγχιστεύς, _i.e._ within the reach of the claim on the next of kin, yet is +there one ἀγχιστεύς who is nearer than he, and who must first be asked. + + + “Now Boaz went up to the gate and sat down there, and behold the + near kinsman of whom Boaz spake came by, unto whom he said, ‘Ho, + such an one! turn, aside, sit down here,’ and he turned aside and + sat down. And he took ten men of the elders of the city and said, + ‘Sit ye down here,’ and they sat down. And he said unto the near + kinsman, ‘Naomi that is come again out of the country of Moab + selleth the parcel of land which was our brother Ehmelech’s: and I + thought to disclose it to thee, saying, “Buy it before them that + sit here and before the elders of my people.” If thou wilt redeem + it, redeem it; but if thou wilt not redeem it, tell me that I may + know; for there is none to redeem it beside thee, and I am after + thee.’ And he said, ‘I will redeem it.’ Then said Boaz, ‘What day + thou buyest the field of the hand of Naomi thou must buy it also + of Ruth the Moabitess, _the wife of the dead, to raise up the name + of the dead upon his inheritance_.’ And the near kinsman said, ‘I + cannot redeem it for myself _lest I mar my own inheritance_; take + thou my right of redemption on thee; for I cannot redeem it.’ ” + + +The rendering of the Vulgate of the kinsman’s reply is more easily +understood:—“I yield up my right of near kinship: for neither ought I to +blot out the continuance (_posteritas_) of my family: do thou use my +privilege, which I declare that I freely renounce.” + + + “And he drew off his shoe. And Boaz said unto the elders and unto + all the people, ‘Ye are witnesses this day that I have bought all + that was Elimelech’s ... Chilion’s and Mahlon’s of the hand of + Naomi. Moreover Ruth, the wife of Mahlon, have I purchased to be + my wife to _raise up the name of the dead_ upon his inheritance, + that the name of the dead be not cut off from among his brethren + and from the gate of his place: ye are witnesses this day.’ And + all the people that were in the gate and the elders said, ‘We are + witnesses ... May thy house be like the house of Perez whom Tamar + bare unto Judah’ &c.” + + +Now Boaz was sixth in descent from this Perez whose mother Tamar, as +quoted above, had been in much the same position as Ruth. + +It is interesting to read further that the son born of this marriage of +Ruth and Boaz is taken by the women of Bethlehem to Naomi, saying, “_There +is a son born to Naomi_,” emphasising the duty of the heiress to bear a +son, not into her husband’s family, but to that of her father. + +The story of Ruth is not, therefore, an exact example of the custom of +levirate. But it illustrates incidentally the unity of the family. The +sons of Elimelech died before the family division had taken place, and the +house of Elimelech their father was thus in jeopardy of extinction. If +Naomi had come within the proper operation of the levirate, the next of +kin ought to have married _her_, but by her adoption of Ruth as her +daughter, she gave Ruth the position of heiress or ἐπίκληρος, whilst the +heir born to Ruth was called son, not of Ruth’s former or present husband, +but of Elimelech and (by courtesy) of Naomi, Elimelech’s widow, through +whom the issue ought otherwise to have been found. + + + + +§ 4. Succession Through A Married Daughter: Growth Of Adoption: +Introduction Of New Member To Kinsmen. + + +(M41) But if the heiress was already married and had sons, she need not be +divorced and marry the next of kin, though that still lay in her power. It +was considered sufficient if she set apart one of her sons to be heir to +her father’s house. But she must do this absolutely: her son must entirely +leave her husband’s house and be enfranchised into the house of her +father. If she did not do this with all the necessary ceremonies, the +house of her father would become extinct, which would be a lasting shame +upon her. + +Isaeus(75) mentions a case where a wife inherits from her deceased brother +a farm and persuades her husband to emancipate their second son in order +that he may carry on the family of her brother and take the property. + +(M42) In another passage(76) the conduct of married sisters in not +appointing one of their own sons to take his place as son in the house of +their deceased brother, and in absorbing the property into that of their +husbands, whereby the οἶκος of their brother became ἔρημος, is described +as shameful (αἰσχρῶς). + +In Demosthenes(77) a man behaving in similar wise is stigmatised as +ὑβριστής. + +(M43) Herein lay the reason that adoption became so favourite a means in +classical times of securing an heir. It became almost a habit among the +Athenians who had no sons, to adopt an heir—often even the next of kin who +would naturally have succeeded to the inheritance.(78) + +The transfer of the adopted son from the οἶκος of his father to the οἶκος +he was chosen to represent was so real that he lost all claim to +inheritance in his original family, and henceforth based his relationship +and rights of kinship from his new position as son of his adoptive father. +This absolutely insured the childless man that his successor would not +merge the inheritance in that of another οἶκος, and made it extremely +unlikely that he would neglect his religious duties as they would be +henceforth his own ancestral rites. + +Sometimes, it seems,(79) sons of an unfortunate father were adopted into +another οἶκος so as not to share in the disgrace brought upon their +family. In such a case presumably their father’s house would be allowed to +become extinct. + +(M44) The inheritance of property being only an accessory to the +heirship,(80) the ceremony of adoption consisted of an introduction to the +kindred and to the ancestral altars, and an assumption of the +responsibilities connected therewith. + +(M45) The process was the same as for the proclamation of the true blood +of a son, and was exactly in accordance with tribal instincts. + +Whatever the history of the φρατρία at Athens, in it seems to have been +accumulated a great number of the survivals of tribal sentiment. + +(M46) The adoption at Athens took place at the gathering of the phratores +in order that all the kin might be present (παρόντων τῶν συγγενῶν).(81) +The adopter must lead his son to the sacrifices on the altars(82) and must +show him to the kinsmen (συγγενεῖς or γεννῆται) and phratores: he must +give assurance on the sacrifices that the young man was born in lawful +wedlock from free citizens. This done, and no one questioning his rights, +the assembly proceeded to vote(83) and if the vote was in his favour, then +and not till then he was enrolled in the common register (εἰς τὸ κοινὸν +γραμματεῖον) of the phratria in the name of son of his adopted father. As +a father could not without reason disinherit his true-born sons, so the +phratores could not without reason refuse to accept them to the +kinship.(84) + +If any of the phratores objected to the admission of the new kinsman, he +must stop the sacrifices and remove the victim from the altar.(85) He +would have to state the grounds of his objection, and if he could not +produce good reasons, he incurred a fine. If there was no objection, the +unsacrificial parts of the victim were divided up and each member took +home with him his share,(86) or joined in a feast provided by the father +of the admitted son.(87) + +(M47) The ceremonial given in the Gortyn laws is similar:— + + + x. 33. “The adoption shall take place in the agora when all the + citizens have assembled, from the stone from which speeches are + made. And the adopter shall give to his own brotherhood (ἑταιρεία) + a victim-for-sacrifice and a vessel of wine (πρόκοος).” + + +The adopted son gets all the property and shall fulfil the divine and +human duties of his adoptive father(88) and shall inherit as in the law +for true-born sons. But if he does not fulfil them according to law, the +next of kin shall take the property. He can only renounce his adoption by +paying a fine. + +The adopted son thus introduced was considered to have become of the blood +of his adoptive father, and was unable to leave his new family and return +to his original home unless he left in the adoptive house a son to carry +on the name to posterity. As long as he remained in the other οἶκος, +_i.e._ had not provided for his succession and by certain legal ceremonies +been readmitted to his former family, he was considered of no relationship +to them and had no right of inheritance in their goods.(89) + +An adopted son could not adopt or devise by will, and if he did not +provide for the succession by leaving a son to follow him, the property +went back into the family and to the next of kin of his adopted +father.(90) + +If he did return to his former οἶκος, leaving a son in his place and that +son died, he could not return and take the property thus left without heir +direct.(91) + +(M48) Adoption amongst the Hindoos took place in like manner before the +convened kindred. The adopting father offered a burnt-offering, and with +recitation of holy words in the middle of his dwelling completed the +adoption with these words:— + + + “I take thee for the fulfilment of my religious duties; I take + thee to continue the line of my ancestors.”(92) + + +The adopted son should be as near a relation as possible, and when once +the ceremony had taken place, was considered to have as completely lost +his position in his former family as if he had never been born +therein.(93) + +(M49) The introduction into the deme which took place at the age of +eighteen at Athens, including the enrolment in the ληξιαρχικόν +γραμματεῖον, seems to have been a registration of rights of property and +an assumption of the full status of citizen. The word ληξιαρχικός is +defined by Harpocration as meaning “capable of managing the ancestral +estate (τὰ πατρῷα οἰκονομεῖν).” The word λῆξις is used by Isaeus for the +application, by others than direct descendants, to the Archon for the +necessary powers to take their property. + +It appears to have been at this period that the young man left the ranks +of boyhood and dedicated himself to the responsibilities of his life. + +(M50) Plutarch(94) states that it was the custom at coming of age to +tonsure the head and offer the hair to some god, and describes the young +Theseus as adopting what we know as the Celtic tonsure, thenceforth called +after his name. + + + “The custom still being in existence at that time for those + quitting childhood to go to Delphi and dedicate(95) their hair to + the god, Theseus also went to Delphi (and the place is still + called after him the Theseia, so they say) and _shaved the hair of + his head in front only_ (ἐκείρατο τὰ πρόσθεν μόνον) Homer says the + Abantes do:(96) and this kind of tonsure (κουρά) is called + ‘Theseis’ because of him. Now the Abantes first shaved themselves + in this manner, not in imitation of the Arabs(97) as some have it, + nor even in emulation of the Mysians, but being a warlike people + and fighting hand to hand, ... as Archilochos testifies. For this + reason Alexander is said to have ordered his Macedonians to shave + their beards....” + + +This cutting the hair as token of dedication to any particular object or +deity was of common occurrence. Achilles’ hair was dedicated as an +offering to the river Spercheios in case of his safe return.(98) Knowing +that this is impossible, in his grief at the death of Patroklos, with +apologies to the god he cuts his flowing locks and lays them in the hand +of his dead friend. + +Pausanias declares that it was the custom with all the Greeks to dedicate +their hair to rivers.(99) + +Theophrastus(100) mentions as a characteristic of the man of Petty +Ambition that he will “take his son away to Delphi to have his hair cut +(ἀποκεῖραι),” showing that this venerable custom had by that time become +pedantic and an object of ridicule. + +According to Athenaeus,(101) when the young men cut their hair they +brought a large cup of wine to Herakles and, pouring a libation, offered +it to the assembled people to drink. + +The age at which the hair was cut seems to have varied. The _Ordinances of +Manu_(102) give the following instructions:— + + + “The Keçanta (tonsure-rite) is ordered in the sixteenth year(103) + of a Brahman, in the twenty-second of a Ksatriya, and in two years + more after that for a Vaiçya.” + + +But whenever the actual tonsure was performed, it seems to have been a +very widely spread custom, symbolical in some way of devotion to a deity +or kindred, or to some particular course of life. + +Its importance in this place, however, lies in its being one of the +special acts relating to the admission to tribal status, and to the +devotion, so to speak, of the services of the individual to the corporate +needs of his tribe or kindred. + +The public introduction to the kindred, combined with publicity of +marriage and of the birth of children would, it is obvious, be a very +important protection for the preservation of the jealously guarded purity +of the tribal blood. Isaeus(104) says that all relations (προσήκοντες), +all the phratores, and most (οἱ πολλοί) of the demesmen would know whom a +man married, and what children he had. This, in addition to the oath +(πίστις) of the father or of the mother(105) of the legitimacy of the son +introduced to his kin, would seem a very sufficient safeguard.(106) + +If a child was not introduced to the phratores, it was considered +illegitimate,(107) and could have no share in the rites of kindred and +property.(108) + + + + +§ 5. The Liability For Bloodshed. + + +(M51) A notable feature of the tribal system all over the world was the +_blood-feud_, wiped out only by the death of the manslayer or by the +payment of a sufficient recompense. The incidence of the responsibility +for murder and for payment of the recompense upon a group instead of only +on the guilty individual was of remarkable tenacity, and survived to +comparatively late days. + +In Arabia the whole tribe of the murderer subscribed to the blood-money, +which went to all the males in the tribe of the murdered man.(109) + +But in Greece the responsibility fell upon the next of kin, with the help +and under the supervision of the rest of the immediate kindred. He had to +see that a spear was carried in front of the funeral of the slain man and +planted in his grave, which must be watched for three days.(110) He must +make proclamation of the foul deed at the tomb, and must undergo +purificatory rites, himself and his whole house (οἰκία). If the dead body +be found in the country and no cause of death known, the demarch must +compel the relatives to bury the corpse and to purify the deme on the same +day.(111) + +The subject is a familiar one in Homer. The wanderer (μετανάστης) is said +to have no value (he is ἀτίμητος), no fine is exacted for his death. + + + _Il._ xiv. 483. “That my brother’s price (κασιγνήτοιο ποινή) be + not unpaid: even for this it is that a man may well pray to have + some kinsman in his halls (γνωτὸν ἐνὶ μεγάροισιν) to avenge + (ἀλκτήρ) his fall.” + + + _Il._ ix. 634. “Yet doth a man accept recompense of his brother’s + murderer: or for his dead son: and so the manslayer for a great + price abideth in his own land (ἐν δήμῳ) and the other’s heart is + appeased and his proud soul, when he hath taken the + recompense.”(112) + + +(M52) There are many men told of in the _Iliad_ and _Odyssey_ who were in +the position of refugees at the court of some chief. As many of them were +wealthy—chiefs’ sons or even chiefs—and well able to pay large +recompenses, it seems probable that (as is definitely stated in some +instances), if the murder was committed on a member of the same family or +tribe as the murderer, the only way to wipe out the stain was by death or +perpetual exile, as in the case of the typical fratricide Cain. The +blood-price was then only between tribe and tribe or city and city. Within +the kindred there would be no ransom allowed.(113) + +Medon had slain the brother of his step-mother and was a fugitive from his +country.(114) + +Epeigeus _ruled_ (ἤνασσε) fairest Boudeion of old, but having slain a good +man of his kin (ανεψιόν), to Peleus fled, a suppliant.(115) + +Tlepolemos slew his own father’s maternal uncle, gathered much folk +together and fled across the sea, because the other sons and grandsons of +his father threatened him.(116) + + + _Il._ xxiv. 479. “And as when a grievous curse cometh upon a man + who in his own country (ἐνὶ πάτρη) hath slain another and escapeth + to a land of other folk (δῆμον ἄλλων) to the house of some rich + man, and wonder possesseth them that look on him....”(117) + + + _Od._ xv. 272. “Having slain a man of my tribe (ἔμφυλον): and many + are his relations (κασίγνητοι) and kinsmen (ἔται) in Argos: at + their hands do I shun death and black fate and am in exile.” + + + _Od._ xxiii. 118. “For whoso hath slain but one man in his country + (ἐνὶ δήμῳ) for whom there be not many avengers (ἀοσσητῆρες) + behind, he fleeth leaving his kin (πηούς) and his fatherland, how + then we who have slain the pillar of the state!” + + +(M53) If ransom there was none for the murderer within the tribe, there +was equally none for murders between citizen and citizen,—in this point +also the inheritors of the sentiments of tribesmen. In the law of +Solon(118) it was forbidden to take payment in compensation from the +murderer:— + + + “The murderer can be slain in our land, not tortured, not held to + ransom (μηδὲ ἀποινᾷν).” + + +Plato(119) describes the soul of the deceased as troubled with a great +anger against the murderer, so that even the innocent and unintentional +homicide must needs flee at any rate for a year. The presence too of a man +thus denied with bloodshed at the sacred altars was held to be a gross +impiety and source of divine anger. Plato(120) says:— + + + “The murderer shall be slain, but not buried in the country (χώρα) + of the deceased, which would be a disgrace and impiety.”(121) + + +In the case of a suicide, the hand that committed the crime was to be cut +off and buried separately. + +In Isacus(122) it is related how Euthukrates in a quarrel over a +boundary-stone was so flogged by his _brother_ Thoudippos that, dying some +days after, he charged his friends (οἱκεῖοι) not to allow any of +Thoudippos’ people (τῶν Θουδίππου) to approach his tomb. But if the +murdered man before his death forgave his murderer, the relatives could +not proceed against him. + +If the murderer escaped fleeing he must go forever: if he returned he +could be killed at sight by any one and with impunity.(123) The pollution +rested on the whole kindred of the murdered man. + + + “Whosoever _being related to the deceased_ on the male or female + side of those within the cousinship shall not prosecute the + murderer when he ought or proclaim him outlaw, he shall _take upon + himself __ the pollution_ and the hatred of the gods ... and he + shall be in the power of any who is willing to avenge the + dead.”(124) + + +The pollution cannot be washed out until the homicidal soul has given life +for life and has laid to sleep the wrath of the whole family +(ξυγγένια).(125) + +If it is a beast that has killed the man, it shall be slain to propitiate +the kin and atone for the blood shed. + +If it is a lifeless thing that has caused death, it shall solemnly be cast +out before witnesses to acquit the whole family from guilt.(126) + +Amongst the Israelites, treating of homicides _amongst themselves_, +compensation was forbidden in like manner. + + + Numbers xxxv. 31. “Moreover ye shall take no satisfaction for the + life of a murderer which is guilty of death: but he shall surely + be put to death. + + + “... The land cannot be cleansed of blood that is shed therein but + by the blood of him that shed it.” + + +Let us complete this subject with the following story told by +Herodotus:(127)—Adrastus, having slain his brother, flees to the court of +Croesus. There he becomes as a son to Croesus and a brother to Atys, +Croesus’ son. This Atys Adrastus has the terrible misfortune to slay, +thereby incurring a three-fold pollution. He has brought down upon himself +the triple wrath of Zeus Katharsios, Ephestios, and Hetaireios: he has +violated his own innocence, his protector’s hearth, and the comradeship of +his friend. + +In despair he commits suicide. + + + + + +CHAPTER III. THE EXTENT OF THE BOND OF KINSHIP. + + + Arctior vero colligatio est societatis propinquorum: ab illa enim + immensa societate humani generis in exiguam angustumque + concluditur. + + + _Cicero_. + + + + +§ 1. Degrees Of Blood-Relationship; The Ἀγχιστεία. + + +(M54) Such being the character of the burden of mutual responsibility +borne by members of kindred blood, it remains, if possible, to obtain some +idea of how this responsibility became narrowed and limited to the nearest +relations, and what was the meaning underlying the distinction drawn +between certain degrees of relationship. + +When examining the more detailed structure of the organisation of the +kindred, considerable light seems to be thrown upon survivals in Athens by +comparison with the customs of other communities, which were undergoing +earlier stages of the same process of crystallisation from the condition +of semi-nomadic tribes into that of settled provinces or kingdoms. + +(M55) In the Gortyn Laws we read:— + + + iv. 24. “The father shall have power over the children and the + property to divide it amongst them.... As long as they (the + parents) are alive, _there is no necessity for division_.... If a + man or woman die their children, or grandchildren, or + great-grandchildren, shall have the property....” + + +The headship of the οἶκος and the ownership of the property vested in the +parent as long as he lived and wished to maintain his power. Even after +his death, unless they wished it, the sons need not divide up amongst +themselves, but could live on with joint ownership in the one οἶκος of +their deceased father. The eldest son would probably take the house +itself, _i.e._ the hearth, with the duties to the family altars which +devolved upon him as head of the family.(128) + +An example of this joint ownership occurs in the speech of Demosthenes +against Leochares.(129) The two sons of Euthumachos after his death gave +their sister in marriage (no doubt with her proper portion), and lived +separately but _without dividing_ their inheritance (τὴν οὐσίαν ἀνέμητον). +Even after the marriage of one brother, they still left the property +undivided, each living on his share of the income, one in Athens, the +other in Salamis. + +The possibility of thus living in one οἶκος and on an undivided patrimony +is implied in another passage in Demosthenes, where, however, the exact +opposite is described as actually having taken place.(130) + +Bouselos had five sons. He divided (διένειμεν τὴν οὐσίαν) his substance +amongst them all as was fair and right, and they married wives and begat +children and children’s children. Thus _five_ οἶκοι sprang up out of the +one of Bouselos, and _each brother dwelt apart_, having his own οἶκος and +bringing up his own offspring (ἔκγονοι) himself (χωρὶς ἕκαστος ᾤκει). + +Whilst the parents were alive the family naturally held very closely +together, and often probably lived in one patriarchal household like +Priam’s at Troy. + +Isaeus declares:—The law commands that we maintain (τρέφειν) our parents +(γονεῖς): these are—parents, grandparents and _their parents_, if they are +still alive: + + + “For they are the beginning (ἀρχή) of the family (γένος) and their + estate descends to their offspring (ἔκγονοι): wherefore it is + necessary to maintain them even if they leave nothing.”(131) + + +The duty of maintenance (τρέφειν) owed to the ancestor would follow the +same relationship as the right of inheritance from him, and this common +debt towards their living forebears could not help further consolidating +the group of descendants already bound together by common rites at the +tombs of the dead. + +But granted this community of rights and debts, is it possible to +formulate for the Greeks anything of the same limitations in the incidence +of responsibility amongst blood-relations that is to be found elsewhere? + +(M56) In western Europe, owing perhaps to the influence of Christianity, +the rites of ancestor-worship have no prominence. Ecclesiastical influence +however was unable to prevent an exceedingly complex subdivision of the +kindred existing in Wales and elsewhere. Whether this subdivision finds +its _raison d’être_ in the worship of ancestors or not, the groups thus +formed serve as units for sustaining the responsibilities incident to +tribal life, and being, as will be seen, governed by similar +considerations to those existing among the Greeks, they afford very +suitable material for comparison, and throw considerable light upon one +another. + +(M57) As the various departments affected by blood-relationship or purity +of descent come under notice, it will be seen that the position of +_great-grandson_ as at once limiting the immediate family of his parents +and heading a new family of descendants is marked with peculiar emphasis. + +(M58) In the ancient laws of Wales it rests with great-grandsons to make +the final division of their inheritance and start new households. + +Second cousins may demand redivision of the heritage descending (and +perhaps already divided up in each generation between) from their +great-grandfather. After second cousins no redivision or co-equation can +be claimed.(132) + +In the meanwhile the oldest living parents maintained their influence in +family matters. In the story of Kilhwch and Olwen, in the _Mabinogion_, +the father of Olwen, before betrothing her to Kilhwch, declares that “her +four great-grandmothers and her four great-grandsires are yet alive; it is +needful that I take counsel of them.”(133) + +(M59) Even when feudalism refused to acknowledge other than an individual +responsibility for a fief, it was unable to overcome the tribal theory of +the indivisibility of the family, which maintained its unity in some +places even under a feudal exterior. But as generations proceeded, and the +relationships within the family diverged beyond the degree of second +cousin, a natural breaking up seems to have taken place, though in the +direction of subinfeudation under the feudal enforcement of the rule of +primogeniture, instead of the practice, more in accordance with tribal +instincts, of equal division and enfranchisement. It may however be +surmised that the subdivision and subinfeudation of a holding in the +occupation of such a group of kinsmen would be carried out by the +formation of further similar groups. + +(M60) In the _Coustumes du Pais de Normandie_ mention is made of such a +method of land-holding, called _parage_. It consists of an undivided +tenure of brothers and relations _within the degree of second cousins_. + +The eldest does homage to the capital lord for all the _paragers_. The +younger and their descendants hold of the eldest without homage, until the +relationship comes to the _sixth degree inclusive_ (_i.e._ second +cousins). When the lineage is beyond the sixth degree, the heirs of the +cadets have to do homage to the heirs of the eldest or to whomsoever has +acquired the fief. Then _parage_ ceases.(134) + +The tenure then becomes one of subinfeudation. As long as the _parage_ +continued, the share of a deceased _parager_ would be dealt with by +redivision of rights, and no question would arise of finding heirs. But +when it became a question of finding an heir to the group, failing heirs +in the seventh degree inclusive, that is, son of second cousins—looked +upon as son to the group—failing such an heir, the estate escheated to the +lord. + +(M61) There is an interesting passage in the Ancient Laws of Wales +ordaining that the next-of-kin shall not inherit as heir to his deceased +kinsman, but as heir to the ancestor, who, apart from himself, would be +without direct heir, _i.e._ presumably their common ancestor. + + + “No person is to obtain the land of a _co-heir_, as of a brother, + or of a cousin, or of a second cousin, by claiming it as heir to + that one co-heir who shall have died without leaving an heir of + his body: but by claiming it as heir _to one of his own parents_, + who had been owner of that land until his death without heir, + whether a father, or grandfather, or great-grandfather: that land + he is to have, if he be the nearest of kin to the deceased.”(135) + + +This of course refers to inheritance within the group of co-heirs, the +members of which held their position by virtue of their common +relationship within certain degrees to the founder. And we may infer that +emphasis was thus laid on the proof of relationship by _direct descent_, +in order to prevent shares in the inheritance passing from hand to hand +unnoticed, beyond the strict limit where subdivision could be claimed _per +capita_ by the individual representatives of the diverging _stirpes_. + +(M62) The kindred in the _Ordinances of Manu_ is divided into two groups:— + +1. Sapindas, who owe the _funeral cake_ at the tomb. + +2. Samānodakas, who pour the _water libation_ at the tomb. + + + “To _three ancestors_ the water libation must be made; for _three + ancestors_ the funeral cake is prepared; the fourth (descendant or + generation) is the giver (of the water and the cake); the _fifth + has properly nothing to do_ (with either gift).”(136) + + +This may be put in tabular form:— + +Receivers of water. + +1. Great-grandfather’s great-grandfather. +2. Great-grandfather’s grandfather. +3. Great-grandfather’s father. + +Receivers of cake. + +1. Great-grandfather. +2. Grandfather. +3. Father. +4. Giver of cake and water +5. Excluded + +Or inversely:— + +Givers of cake or _Sapindas_. + +Householder +Brothers +1st cousins +2nd cousins + +Pourers of water or _Samānodakas_. + +3rd cousins +4th cousins +5th cousins + +Within the _Sapinda_-ship of his mother, a “twice-born” man may not +marry.(137) Outside the _Sapinda_-ship, a wife or widow, “commissioned” to +bear children to the name of her husband, must not go. + + + “Now _Sapinda_-ship ceases with the seventh person, but the + relationship of a Samānodaka (ends) with the ignorance of birth + and name.”(138) + + +All are Sapindas who offer the cake to the same ancestors. + +(M63) The head of the family would himself offer or share with all his +descendants in the offering of the one cake to his great-grandfather, his +grandfather, and his father. And if this passage is taken in conjunction +with the one quoted just above, the number sharing in the cake-offering, +limited as in the text at the seventh person from the first ancestor who +receives the cake, is just sufficient to include the great-grandson of the +head of the family, supposed to be making the offering. + +The group, thus sharing the same cake-offering, would in the natural +course be moving continually downwards, generation by generation as the +head of the family died, thereby causing the great-grandfather to pass +from the receivers of the cake-offering to the receivers of the water +libation, and admitting the great-grandson’s son into the number of +Sapindas who shared the cake-offering. And at no time would more than four +generations have a share in the same cake offered to the three nearest +ancestors of the head of the family. + +(M64) The Samānodakas, or pourers of the water libation appear to have +been similarly grouped. + +“Ignorance of birth and name” was in Wales considered to be equivalent to +_beyond fifth cousins_. According to the Gwentian Code, “there is no +proper name in kin further than that”—_i.e._ fifth cousins.(139) And this +tallies exactly with the previous quotation from Manu limiting the water +libation to three generations of ancestors beyond those to whom the cake +is due, which, as has been seen, includes fifth cousins. + +And it must be borne in mind that fifth cousins are great-grandsons of the +great-grandsons of their common ancestor, or two generations of groups of +second cousins. + +(M65) It was extremely improbable that a man would see further than his +great-grandchildren born to him before his death. And it might also +occasionally occur in times of war or invasion that a man’s sons and +grandsons might go out to serve as soldiers, leaving the old man and his +young great-grandchildren at home. + +If the fighting members of the family were killed, the great-grandsons +(who would be second cousins or nearer to each other) would have to +inherit directly from their great-grandfather: and thus, especially in +cases where the property was held undivided after the father’s death, we +can easily see that second cousins (_i.e._ all who traced back to the +common great-grandfather) might be looked upon as forming a natural limit +to the immediate descendants in any one οἶκος, and as the furthest removed +who could claim shares of the ancestral inheritance. + +After the death of the great-grandfather or head of the house, his +descendants would probably wish to divide up the estate and start new +houses of their own. The eldest son was generally named after his father’s +father,(140) and would carry on the name of the eldest branch of his +great-grandfather’s house, and would be responsible for the proper +maintenance of the rites on that ancestor’s tomb. He would also be +guardian of any brotherless woman or minor amongst his cousins, each of +whom would be equally responsible to him and to each other for all the +duties and privileges entailed upon blood-relationship. + +Thus seems naturally to spring up an inner group of blood-relations +closely drawn together by ties which only indirectly reached other and +outside members of the γένος. + +(M66) In the fourth century B.C. this compact group limited to second +cousins still survived at Athens, responsible to each other for +succession, by inheritance or by marriage of a daughter; for vengeance and +purification after injury received by any member, and for all duties +shared by kindred blood. + +This close relation was called ἀγχιστεία, and all its members were called +ἀγχιστεῖς _i.e._ any one upon whom the claim upon the next-of-kin might at +any time fall. + +The speech of Demosthenes against Makartatos affords considerable +information as to the constitution of the family-group or οἶκος. The five +sons of Bouselos,(141) we are told, on his death divided his substance +amongst them, and each started a new οἶκος and begat children and +children’s children.(142) The action, which was the occasion of the +speech, lay between the great-grandsons of two of these five founders of +οἶκοι, Stratios and Hagnias, and had reference to the disposal of the +estate of the grandson of the latter, which had come into the hands of the +great-grandson of Stratios. + +One might have supposed that the descendants of Bouselos, with their +common burial ground(143) and so forth, would have ranked as all in the +same οἶκος under their title of Bouselidai. But it is clear from this +speech of Demosthenes, that too many generations had already passed to +admit of Bouselos being considered as still head of an unbroken οἶκος, and +that his _great_-great-grandsons were subdivided into separate οἶκοι under +the names of their respective great-grandfathers, Stratios, Hagnias, &c. +(οἵ εἰσιν ἐκ τοῦ Στρατίου οἴκου, ἐκ δὲ τοῦ Ἁγνίου οὐδεπώποτ᾽ +ἐγένοντο).(144) + + + + +§ 2. Limitations In Respect Of Succession Outside The Direct Line Of +Descent. + + +(M67) The Gortyn law quoted above in the previous section goes on:— + + + v. “If (a man or woman die and) they have no children, the + deceased’s brothers and brother’s children or _grandchildren_ + shall have the property. If there are none of these, the + deceased’s sisters, their children or _grandchildren_. If there + are none of these, to whom it descends of whatever grade they be, + they shall inherit the property.” + + +This clause takes the evidence one step further, and it is noticeable how +the right of inheritance is determined by the great-grandchild of the +common ancestor. In the direct line, a man’s descendants down to his +great-grandchildren inherited his estate. In dealing with inheritance +through a brother of the deceased the heirship terminates with the +_grandchild_ of the brother, who would be great-grandchild of the nearest +common ancestor with the previous owner of the estate. If there is no +brother, the child of the cousin limits the next branch, as will be seen. + +(M68) Isaeus(145) describes the working of the then-existing (c. 350 B.C.) +law of inheritance at Athens as follows:— + +The law gives “brothers’ property” (i.e. property without lineal +succession) to + + + 1. _Brothers_ by the same father, or brother’s children, for these + are related to the deceased in the nearest degree; + + + 2. _Sisters_ by the same father, or sister’s children; + + + 3. _First cousins_ by the father’s side as far as _cousin’s + children_ (δίδωσι τὴν ἀγχιστείαν ἀνεψιοῖς πρὸς πατρὸς μέχρι + _ἀνεψιῶν παίδων_). + + + Failing these, recourse is had back again into the family (εἰς τὸ + γένος πάλιν ἐπανέρχεται) and the law makes those related through + the _mother_ of the deceased, masters (κύριοι) of the family (and + inheritance) in the same order as on the father’s side from the + beginning. + + +That is to say, failing first cousins once removed, the inheritance goes +back and begins again at the mother of the deceased, who however, being a +woman, can only inherit on behalf of her issue, present or +prospective.(146) If she has married again and has a son (half-brother to +her deceased son) he would inherit. Failing her issue, her brother and so +on to first cousin’s children of the deceased, through his mother, would +have the inheritance. + +Failing these, the nearest kinsman to be found on the father’s side, of +whatsoever degree, is to inherit. + +(M69) The law as stated by Demosthenes(147) coincides with this:— + + + “If there are no sons, brothers by the same father (shall + inherit): and their true born children, if there are any, shall + have the share of their father: if there are no brothers or + brother’s children the issue of the latter in the same way shall + partake: males and children of males shall have preference (over + females) if they are born of the same (parents), even if they are + further off by birth (γένει) [_i.e._ are a generation lower down]. + If there are none on the father’s side as far as _cousin’s + children_ (μέχρι ἀνεψιῶν παίδων), the relations on the mother’s + side in the same way shall have possession (κυρίους εἶναι). But if + there are none on either side _within these degrees_, the nearest + of kin on the father’s side shall have possession.” + + +Whenever this law is quoted the limit of relationship laid down therein +for the immediate ἀγχιστεία is always that of ἀνεψιῶν παῖδες, or sons of +first cousins, who inherit from their first cousins once removed (_oncle à +la Brétagne_, or Welsh uncle as this relation has been called). +Occasionally the patronymic form ἀνεψιαδοῖ is used, apparently with the +same signification, though properly ἀνεψιαδοῖ would mean sons of two first +cousins, _i.e._ second cousins.(148) + +(M70) It appears from the evidence reviewed hitherto, that any +great-grandson could inherit from any grandson of a common ancestor, and +the conclusion also seems to be justified, that the group of +great-grandsons were considered to divide up their right to inherit once +for all, and that having done so, with respect to that inheritance they +were considered to have begun a new succession. To put it differently, in +case of the death of one of these second cousins, after the final division +of their inheritance had taken place, the rest of the second cousins would +have no right to a share in his portion; an heir would have to be found +within his nearer relations. Thus, they share responsibilities towards any +of their relations within the group and higher up in their families, and +also stand shoulder to shoulder in sharing such burdens as pollution and +so on, but are outside the immediate ἀγχιστεία with respect to each +other’s succession. The reason for this will perhaps be more apparent as +the argument proceeds. + +That the grandson of a first cousin was outside the ἀγχιστεία is clear +from the speech of Demosthenes already mentioned,(149) where the +plaintiff, who originally stands in that relationship to the deceased +whose inheritance is in dispute, is adopted as son of his grandfather +(first cousin of the deceased), in order to come within the legal +definition of ἀνεψιοῦ παῖς. + +That the son of a second cousin was also without the pale is directly +stated in several passages in Isaeus. + +(M71) It must be remembered that by “inheritance” is meant the assumption +of all the duties incumbent on the ἀγχιστεύς, and that the man who +“inherited” took his place for the future as son of the deceased in the +family pedigree, and reckoned his relationship to the rest of the γένος +thenceforth from his new position, in the house into which he had +come.(150) + +(M72) Now if it is true that to the great-grandson was the lowest in +degree to which property could directly descend without entering a new +οἶκος, and if that great-grandson was also looked upon as beginning with +his acquired property a new portion of the continuous line of descent; any +one, who “inherited” from him and ranked in the scale of relationship as +HIS SON, would necessarily fall outside the former group and would be +considered as forming the nearest relative in the next succeeding group. +This, it seems, is the meaning of the language of the law which limits the +ἀγχιστεία to the children of first cousins who could inherit from their +parent’s first cousins, and still _retain their relationship as +great-grandsons_ of the same ancestor. Whereas any one taking the place of +son to his second cousin would be one degree lower down in descent, and +pass outside the limit of the four generations. The law makes the kinsmen +therefore exhaust all possible relationships _within the group_ by +reverting to the mother’s kindred with the same limitation before allowing +the inheritance to pass outside or lower down. + +(M73) In confirmation of this view the following passage may be quoted +from _Plato’s Laws_:— + + + “He who in the sad disorder of his soul has a mind, justly or + unjustly, to expel from his family a son whom he has begotten and + brought up, shall not lightly or at once execute his purpose; but + first of all he shall collect together his own kinsmen, extending + to (_first_) _cousins_ (μέχρι ἀνεψιῶν), and in like manner his + son’s kinsmen by the mother’s side,(151) and in their presence he + shall accuse his son, setting forth that he deserves at the hands + of them all to be dismissed from the family (γένος).”(152) + + +Before dishonouring one of the family and so bereaving it of a member +owing duties which, by his disinheritance, may fall into abeyance or be +neglected, the parent calls together all to whom his son might perhaps +ultimately become the only living representative and heir, and who might +at some future time be dependent on him for the performance of ancestral +rites. That this was in Plato’s mind when he wrote is shown by the next +sentence, in which he provides for the possibility of some relation +already having need of the young man and being desirous to adopt him as +his son, in which case he shall by no means be prevented. The concurrence +of all relations in such a position was therefore necessary. + +In other cases where Plato mentions similar gatherings of the kin but for +different purposes, he extends the summons to _cousin’s children_. But +here it can be seen they would have no place. They would be second cousins +to the disgraced youth; they might have to share privilege or pollution +with him, but had no claim on him for duties towards themselves. He would +be “cousin’s son” to his father’s first cousins—the limit of such a claim +in the ἀγχιστεία. + +(M74) In the speech of Isaeus concerning the estate of Hagnias, a real +second cousin is in possession of the estate. He won the case at the time +and died in possession, and an action against his son Makartatos for the +same property is the occasion of one of the speeches of Demosthenes. To +fully understand the relationships referred to in these cases, the +accompanying genealogical tree of the descendants of Bouselos may be of +assistance. It will also serve as an example of how a kindred hung +together, and how by intermarriage and adoption the name of the head of an +οἶκος was carried on down a long line of male descendants. + +[Illustration: Family tree of Bouselos.] + +Theopompos, in the speech of Isaeus, had taken possession of the estate of +his second cousin Hagnias, as his next of kin and heir. Throughout the +speech he is styled ἀνεψιοῦ παῖς so as to bring him within the phraseology +of the law, and he successfully defends himself from the claims of the +next generation below—viz., his brother’s son. But in the speech of +Demosthenes against his son Makartatos, who had taken possession at his +father’s death of the disputed property, it is represented that his father +had got possession only by defeating another claimant, Phylomache II., by +“surprise,” as it was called, by stating that her grandmother through whom +she traced her claim was only half-sister to Hagnias’ father. But +Phylomache’s husband, having caused their son Euboulides III. to be +adopted as the son of Euboulides II.—his wife’s father and Hagnias’ first +cousin, a quite regular course for the grandson inheriting through his +heiress mother—proved that his wife’s grandmother was whole sister to +Hagnias father, and brought the action under the guidance of Demosthenes +against Makartatos. This Euboulides III. sued as true ἀνεψιοῦ παῖς and +οἰκεῖος ἐκ τοῦ οἴκου of Hagnias.(153) He is described as having “one of +the titles mentioned in the law _as far as which_ the law bids the +ἀγχιστεία go, for he is _cousin’s son_ to Hagnias.” + +On the other hand, Theopompos, father of Makartatos and second cousin of +Hagnias, is mentioned(154) as “being of a different οἶκος altogether,” and +not at all related in such a way as to be heir of Hagnias (μηδὲν +προσηκόντων ὤστε κληρονομεῖν τῶν Ἁγνίου, ἀλλὰ γένει _ἀπωτέρω_ ὄντων), +being too far off in the family (or by birth). + +That the title of Theopompos (viz., second cousinship) was not valid, may +be inferred partly by the ruses he adopted to get possession, but more +especially by the fact(155) that none of the other second cousins on a par +with him, and with whom he ought to have shared, seem to have believed in +the validity of their titles, or at any rate taken the trouble to sue for +part of the estate. + +However this may be, there does not seem anything in these speeches other +than confirmatory of the view stated above of the composition and +limitation of the ἀγχιστεία. + + + + +§ 3. Division Amongst Heirs. + + +(M75) Succession to the inheritance of an estate was ordained by law in +strict accordance with the ancient conception of the unity of the family. +On the death of the head of a family, unless the paternal οἶκος was +voluntarily continued unbroken by his descendants, the natural course was +for each son ultimately to live apart and found a separate οἶκος +consisting of himself and his offspring. Equal division amongst heirs was +therefore the rule in Greece; equal division, that is to say, between all +of equal grade. + +(M76) The Gortyn Laws have already been referred to as enforcing the +principle.(156) If a man died, his heirs were either his sons, or his +grandsons, or his greatgrandsons. If he had no children, his brothers, and +their children, or their grandchildren succeeded. + +The Athenian law was conceived in the same spirit, but mentions a further +point—viz., that in the division amongst sons, the οἶκος of any one of +their number who had died before the division, could be represented by his +sons or grandsons, who thus received their father’s share. + +This system of representation probably existed also among the Gortynians, +though no mention of it is made in their laws, for it is inconceivable +that any of the grandsons could be deprived of all share in their +grandfather’s estate by the mere death of the intermediate generation. + +But the division _per stirpes_ was not maintained throughout. It is +probable from the words of the Attic orators that equal division amongst +all of the same grade, such as nephews or cousins, took place _per +capita_, any deceased member of that grade being represented by his sons. +Representation, of course, could not take place in the case of a division +amongst cousins’ sons, owing to the strict limitation of the ἀγχιστεία to +four generations from the common ancestor; any deceased relation in that +degree therefore simply dropped out of the succession. + +(M77) It has generally been assumed that grandsons inheriting directly +from their grandfather, all the intermediate generation being already +dead, inherited none the less the shares of their respective fathers _per +stirpes_. But if the foregoing account of the unity of the οἶκος and its +resemblance in its composition to the household of the Welsh tribal system +be correct, it seems more reasonable to suppose that, all the intermediate +generation being dead, the grandsons, in virtue of being all equally +related to their grandfather, would inherit in equal shares _per capita_. +Any dead grandson would of course be represented, as before, by his son or +sons. + +(M78) The evidence is not sufficient to justify more than a suggestion on +either side with regard to divisions amongst lineal descendants. With +regard to successions by relations outside of the direct line of descent, +such as nephews or cousins, it is almost certain that all of the same +degree took equal shares _per capita_. + +Following the law for daughters, quoted by Demosthenes(157)—viz., that +though all shared the inheritance of the property, only one need be dealt +with in view of securing the succession—the assumption can be made that, +when there were several heirs related in the same degree to the former +owner of the estate, one of their number would be set apart to continue +the household of their kinsman as his son, whilst the others merely took +their shares of the property divided to continue their own οἶκοι +respectively. + +The equal division of inheritance amongst kinsmen of equal degree _per +capita_, in combination with the system of representation above described, +is entirely consistent with the tribal conception of the household as +hanging closely together, its members always looking up to their venerable +head, in whom the ownership of the property vested, until by the death of +older generations and the consequent subdivision, each in his turn became +head of an οἶκος and owner of its share in the ancestral property. + + + + +§ 4. Qualifications For The Recognition Of Tribal Blood. + + +(M79) It has been remarked above with what jealousy the purity of the +blood of the community was guarded. No child was admitted into the kindred +of its father until all concerned were fully convinced of the +blamelessness of its pedigree. In such circumstances it was no easy matter +to acquire the privileges attached to the possession of tribal or citizen +blood. It seems to have been considered that however great otherwise the +claims of a stranger might be, time alone could really render the +qualifications of his family complete. + +(M80) Under the ancient Laws of Wales no stranger’s family could acquire +the full privileges of a Welsh tribesman or Cymro, as regards location on +land, until after many generations. But if they married Welshwomen, and +held land from generation to generation, the _greatgrandsons_ became fully +privileged tribesmen.(158) Similarly if a stranger voluntarily assumed the +position of serf to a Welshman, and his descendants did not choose to +depart, but remained in that position to the descendants of the Welshman, +the _greatgrandsons_ of the Welshman became proprietors of the +greatgrandsons of the stranger.(159) + +(M81) But for the stranger who merely resided in Wales and did not marry +into any Welsh tribe the period of probation was _three times as +long_—viz., the greatgrandson of the greatgrandson of his greatgrandson +was the first to attain to full tribal privilege— + + + “Strangers and their progeny are adjudged to be aillts; also a + reputed son who shall be denied and his progeny, and evildoers of + federate country and their progeny, _unto the end of the ninth + descent_.”(160) + + +_i.e._, the tenth man would no longer be reckoned an _aillt_ but a free +Cymro. + +The issue of a stranger obtains the privilege of a tribesman _in the +fourth person_ by legitimate marriages.(161) But the aillt or stranger, +who dwells in Cymru, does not attain until the _end of the ninth descent_. + +So too inversely:— + +The title to inherit by kin and descent in the tribal land and rights of +his ancestors does not become extinct _till the ninth man_. The ninth man +in descent from a banished tribesman coming home and finding his title as +representative of his family seemingly extinguished, is to raise an outcry +that from a proprietor he is becoming a nonproprietor, and the law will +shelter him and adjudge him an equal share with the occupants he finds on +the land. This is called the “outcry across the abyss.” The tenth man’s +outcry cannot be heard. “Others say” that the ninth man is too late to +raise the cry.(162) + +This is exactly parallel to the case of the stranger resident in Cymru. +For _nine_ generations he is a stranger, and in _the tenth_ a Cymro. Here +for _nine_ generations is the Cymro abroad a tribesman, and in _the tenth_ +he is a stranger. + +(M82) From a passage in Deuteronomy it would appear that the +qualifications for admission as a full tribesman amongst the Israelites +were identical with those just mentioned. + +The Israelites had purified themselves of the ancestor worship, that so +long survived in Greece, and had, if one may say so, amalgamated all their +minor deities and tribal superstitions in their one great monotheistic +religion. Even then their tribal minds could not carry back their theology +behind the known history of their own ancestors. Their God was the God of +Abraham, Isaac, and Jacob, and was in their conception the greatest of +Gods—_i.e._, greater than the Gods of other peoples, the existence of +which their own beliefs did not preclude. Thus where in Attic writers we +have mention of the religious rites of the family (which a stranger or +polluted man might not approach), and of the partaking therein as proof of +the whole admission and pure blood of those present, so in Deuteronomy the +expression “the Congregation of the Lord,” is used to denote that sacred +precinct, forbidden to all save pure tribesmen of Israel. + +It may be inferred from the following passage that if a stranger resided +in Israel, and his family continued to do so for nine generations, the +tenth generation would in any ordinary case be admitted to the +Congregation of the Lord as full Israelites. + + + Deut. xxiii. 2 and 3. “A bastard, or an Ammonite, or Moabite shall + not enter into the congregation of the Lord _even to their tenth + generation_, for ever.” + + +(M83) In special cases (exactly as was the rule in Wales)—such as the +Edomite who was partly akin already, and the Egyptian who was united to +the Israelites by the mysterious bonds of hospitality—a shorter sojourn in +the land was held to qualify for full tribal privilege. + + + Deut. xxiii. 7 and 8. “Thou shalt not abhor an Edomite, for he is + thy brother: thou shalt not abhor an Egyptian, because thou wast a + stranger in his land. The _children_ that are begotten of them + shall enter into the congregation of the Lord _in their third + generation_.” + + +The third generation of _children_ would be the _greatgrandchildren_ of +the original settler, and this is just one third of the length of time +implied as required from the ordinary stranger, who only attained the +tribal privilege in the third succession of greatgrandchildren. + +It is worth notice in this connection that the land of Canaan was divided +up in the names of the _greatgrandchildren_ of Abraham, to whom the +promise was made; Ephraim and Manasseh, the sons of Joseph, taking their +place amongst the others by adoption as sons by their grandfather Jacob, +on an equality with his other sons.(163) + +(M84) These rules are not to be found with the same distinctness surviving +at Athens, but there is a good deal of evidence showing how jealously the +introduction of strangers to citizenship—which retained much that made it +the later equivalent of the tribal bond—was regarded. + +Strangers made citizens (formally, ceremoniously, and by public vote) by +the Athenian people cannot hold office as archon or partake of a holy +office (ἱεροσύνη); but their _children can_, if they are born from a +citizen wife duly and lawfully betrothed.(164) That is to say, that the +Athenians considered it necessary that there should be actually citizen +blood in the veins of all who held office amongst them.(165) + +(M85) The abhorrence in which the introduction of alien blood was held is +illustrated by the Athenian law concerning marriage with aliens, quoted by +Demosthenes in his speech against Neaera. + + + _Law_: “If an alien shall live as husband with an Athenian woman + by any device or contrivance whatever, it shall be lawful for any + of the Athenians who are possessed of such right, to indict him + before the judges. And if he is convicted, he shall be sold for a + slave and his property confiscated, and the third part shall + belong to the person who has convicted him. And the like + proceedings shall be taken if an alien woman live as wife with an + Athenian citizen, and the citizen who lives as husband with an + alien woman so convicted shall incur the penalty of 1,000 + drachmæ.” + + +(M86) Citizenship was considered the highest of privileges, and was +conferred only on persons worthy of great honour. Any citizen could bring +an action against the newly-admitted stranger to test his real merits, and +even after formal acceptance by the people of Athens, if he failed to +justify his claims at such a trial, his new honours were stripped from him +and he remained an alien. This being so, it cannot be expected in the +comparison that he should rank with the ordinary resident in Cymru in the +Welsh Laws, but rather as the chieftain whom the people wished to honour +by admission to their tribe. + +It is stated in the Welsh Laws that the _son_ of a stranger chief, to whom +honour was to be given, entered the whole privilege of the tribe. + +(M87) According to Aristotle,(166) candidates for archonship at Athens +were asked their father’s name and his deme, their grandfather’s name and +his deme, their mother’s and her father’s name and his deme;(167) whether +the candidate had an Apollo Patroïos and Zeus Herkeios, and where these +shrines were: also if he treated his parents well and paid his taxes. + +In order to be perfectly sure that the candidate was of full and pure +blood, they investigated the condition of both his grandparents, and, as +further proof, assured themselves that he had a house and property of his +own, and that too inherited from his ancestors. Furthermore, he must be +guilty of no impiety towards his parents or the State. + +If it were the case at Athens that the fourth generation from a stranger +was considered as having attained to the rights of a citizen, it mattered +little what a man’s _greatgrand_father was. He might have been an alien, +yet if the intermediate ancestors were “in order,” the candidate would +have acquired the full blood.(168) + +(M88) In the _Oedipus Tyrannus_,(169) Sophocles apparently uses the +expression “slave from the _third_ mother” as implying that three descents +were considered to confirm the position of the fourth generation as slave +or citizen, or whatever the case might be. Oedipus assures Jokasta that +_her_ pedigree and status will remain unimpugned, even though the enquiry +he is prosecuting establish him thrice-born a slave from slave mother, +slave grandmother, and slave greatgrandmother. + +In elections for sacred offices, which appear to have been about the last +things laid open to the new citizen, the possession of three generations +of privileged ancestors was in some places insisted on. There is an +inscription to this effect belonging to Halikarnassos;(170) and some +similar rule seems to have held good among the Jews. + + + “These sought their register among those that were reckoned by + genealogy, but it was not found; therefore were they, as polluted, + put from the priesthood (_ἠγχιστεύθησαν_ ἀπὸ τῆς ἱερατείας).”(171) + + +The book of Nehemiah closes with the triumphant verse: “Thus I cleansed +them from all strangers.” + +(M89) The rule in the _Ordinances of Manu_ for the recovery of Brahman +caste is just halfway between the tenth and the fourth generations—namely, +the seventh, or _greatgrandson of the greatgrandson_ of the first +halfcaste. This is only the case when each generation marries a Brahman +wife. + + + “If (the caste) produced from a Brahman by a Çudra woman keeps + reproducing itself by nobler (marriage) this ignoble attains a + noble family _at the seventh union_ (Yuga).”(172) + + +Thus:— + + + If (1) the halfcaste marries a Brahman woman and + (2) his son do. + (3) his grandson do. + (4) his _greatgrandson_ do. + (5) _his_ son do. + (6) his grandson do. + (7) his _greatgrandson_ do.—at last his family is restored to + their lost high caste. + + + + +§ 5. Limitations Of Liability For Bloodshed. + + +(M90) The ἀγχιστεία, limited to relations within the same degrees as for +other purposes, seems to be the unit in the case of pollution of the +kindred by the death—violent or natural—of one of their number. + + + “Whosoever(173) being related to the deceased on the male or + female side of those _within the cousinship_ (ἐντὸς ἀνεψιότητος), + shall not prosecute the murderer when he ought and proclaim him + outlaw, he shall take _upon himself_ the pollution and the hatred + of the gods ... and he shall be in the power of any who is willing + to avenge the dead....”(174) + + + “The pollution cannot be washed out until the homicidal soul which + did the deed has given life for life and has propitiated and laid + to sleep the wrath of the whole family” (ξυγγένεια).(175) + + + “If a brother wound a brother (ὁμόγονος) the parents (γεννῆται) + and the kinsmen (συγγενεῖς) to _cousins’ children_ on male and + female side shall meet and judge the case.”(176) + + +Ransom was forbidden; citizen was bound to citizen with ties that had +inherited too much of the tribal sanctity to admit of any extenuation of +the extreme penalty. + +It was no doubt a wise policy on the part of the legislators, with the +view to the preservation of respect for life and property, to make the +responsibility for murder rest as widely as possible, and include as many +relations and connections on both sides as might be. In order also that +the wife, in case her husband was killed, and the daughter, in case her +father was killed, might be fully protected and represented among the +prosecuting kindred, the law of Draco seems to lay the necessity for +action also on the father-in-law and the son-in-law. The _phratria_, being +such a compact organisation and exacting such formal admission of its +members, would naturally be concerned to see that justice was dealt to any +of its number. Though we cannot include the _phratores_ amongst those +directly responsible equally with the near kinsmen for crimes committed by +one of their number, they would always have to take a certain part in +whatever was necessary to bring him to justice, besides being generally +concerned in all matters relating to kinship, which affected any member of +their _phratria_. + +(M91) “Proclamation shall be made against the murderer in the agora within +[? his] cousinship and (the degree) of a first cousin, and prosecution +shall be made jointly by cousins and _cousins’ children and descendants of +cousins_, and sons-in-law and fathers-in-law and _phratores_.” + +That Demosthenes here quotes a genuine law of Draco is proved by an +inscription found at Athens belonging to the year 409 B.C., recording this +sentence as part of the law of Draco about murder.(177) + +In another place Demosthenes thus refers to the action of this law:— + +“The law commands the relations to go forth and prosecute as far as +descendants of cousins; and in the oath it is defined what the +relationship actually is, etc.”(178) + +The use of ἀνεψιαδοῖ in addition to ἀνεψιῶν παῖδες in Draco’s law above is +emphatic as implying that as regards pollution the group of relations to +second cousins were treated _en masse_ as under the stain; they had not +yet, so to speak, reached the point where they could divide up their +responsibility. + +(M92) If the murder was committed within the narrow limits of the +ἀγχιστεία itself, the double pollution of the bloodspilling and the blood +spilled rested upon the whole group with overwhelming force. + +Plato(179) treats of such a calamity and prescribes the remedy. If a man +slay his wife, or she her husband, his children are orphans; their debt of +maintenance to their parent is cancelled; he must flee; they possess his +goods. If he is childless, his relations shall meet _to the children of +his cousins_ on the male and female side (_i.e._ all his possible heirs) +and shall elect not one of themselves, but a younger son of some other and +pious family to bring in new blood with better fortune to counteract the +curse, as heir to the house (κληρονόμος εἰς τὸν οἶκον), introducing him to +the father of the banished (or deceased) man and to those further back in +the family (τοῖς ἄνω τοῦ γένους), calling him their _son_, the continuer +of their family (γεννήτωρ), their hearth-keeper (ἑστιοῦχος), and minister +of their sacred rites.... But the guilty man they shall “let lie,” +nameless, childless, portionless for ever.(180) + +(M93) In the ancient Laws of Wales the blood-fine takes a very important +position. But whereas all the relations of the murderer are liable to be +called upon to pay the “Spearpenny,” as it is called, only the inner +kindred within fixed degrees contribute proportionally to the payment of +the price. The group upon which this responsibility falls is twice as +large in the Welsh Laws as at Athens, and includes _fifth_ cousins, or the +greatgrandchildren of greatgrandchildren of a common ancestor. + +The Dimetian Code describes the relations who pay galanas as follows.(181) +Those beyond only pay “spearpenny.” + + Father and mother. + Grandfather. + Greatgrandfather. + Brother and sister. + First cousins. + Second cousins. + Third cousins. + Fourth cousins. + Fifth cousins. + +According to the Gwentian Code, _fifth_ cousins share. “There is no proper +share, no proper name in kin further than that.”(182) + +The Venedotian Code states that galanas is paid by the kindred: two parts +by the relations of the father, one part by the relations of the mother, +to _sixth cousins_. All kindred after sixth cousins pay spearpenny.(183) + +The sixth cousin is also called “kinsman son of a fifth cousin, and then +_the father (i.e. the fifth cousin) pays it_, because his relationship can +be fixed, _but the relationship of his son to the murderer cannot_.” + +(M94) The defilement of carrying out a corpse and assisting at a funeral +also covered the same area of relationship at Athens—_i.e._ the ἀγχιστεία. +The house of the dead man was only to be entered by those naturally +polluted. + + + “After the funeral no woman to enter the house save only _those + defiled_; to wit—mother, wife, sisters, and daughters; beside + these not more than five women and two girls, _daughters of first + cousins_: beyond these, none.”(184) + + +Demosthenes quotes the law of Solon to the effect that— + + + “No woman under sixty years old to enter the house or follow the + corpse except those within ἀνεψιαδοῖ (πλὴν ὅσαι ἐντὸς ἀνεψιαδῶν + εἰσιν): no woman _at all_ may enter the house after the carrying + out of the corpse except _those within_ ἀνεψιαδοῖ.”(185) + + +All those near of kin assist in the funeral. + +The payment of the blood-fine by the whole family of the murderer was +considered necessary to allay the vengeance and anger of the family of the +murdered man within the same area of relationship. In Wales the members of +the family who received the galanas, did so in proportion to the +importance of their position in the transmission of the kindred blood, +according to a classification identical with their proximity in +relationship to the dead man, and their expectation of inheritance from +him or succession to his place. + +(M95) The inclusion of the mother’s relatives and their liability in these +circumstances, in addition to the paternal relations, follow naturally +enough in Wales as in Greece when once the transmission of inheritance +through a woman, in default of male heirs, had become a recognised +possibility. A woman’s sons might always be called upon under certain +circumstances to take inheritance from _her_ father or next of kin. They +therefore quite fairly shared in the claims as well as the privileges of +their position. And _vice versa_, in exchange for the priceless guarantee +of continuity provided by a woman’s offspring to her relations, they too +would be prepared to undergo a part of the penalties incurred by any of +those who might rank some day as their next of kin, or as their sons. + +This view of the source of their recognition as members of the kindred +responsible for the blood-fine in Wales is confirmed by a statement in the +Venedotian Code.(186) Those women and clerks who can swear that they will +never have children, and so are useless for the preservation of continuity +in the families to which they belong, are specially exempted from +contribution to the galanas, inasmuch as they have forsworn the privilege +of attaining through posterity a share in the immortality on earth of +their kindred. + + + + + +CHAPTER IV. THE RELATION OF THE FAMILY TO THE LAND. + + +Γαῖαν παμμήτειραν ἀείσομαι, ἠυθέμεθλον, +πρεσβίστην, ἣ φέρβει ἐπὶ χθονὶ πάνθ᾽, ὁπός᾽ ἐστὶν, ... +ἐκ σέο δ᾽ εὔπαιδές τε καὶ εὔκαρποι τελέθουσι, +πότνια, σεῦ δ᾽ ἔχεται δοῦναι βίον ἠδ᾽ ἀφελέσθαι +θνητοῖς ἀνθρώποισιν. + +Homeric Hymn. + + + + +§ 1. The Κλῆρος And Its Form. + + +In trying to realise the methods of land tenure amongst the Greeks, we are +baffled by the indirectness of the evidence available. + +(M96) We know that the estate which descended from father to son, and was +in theory inalienable from the family of its original possessors, was +called a κλῆρος or “lot,” but the familiarity with which the poets, +historians, and orators use the word does not afford information as to +what the κλῆρος really was and how it was made use of in practice. The law +concerning these family holdings, says Aristotle,(187) and concerning +their possible transmission through daughters was not written. It was a +typical example of customary law. This statement gives a hint as to the +usual treatment of questions arising under this head. Methods of land +tenure were not of rapid growth, nor were they easily changed; they had +their source with the slow devotion to agriculture of pastoral tribes, and +were dependent on a class unaffected by the growth of education and the +arts. + +(M97) The intricate connection of the system of land tenure with the +composition of the family removed the consideration of questions of +ownership from the sphere of written law, and delegated them to the most +conservative department of customary procedure, ranking them on a par with +questions of family religious observances.(188) The deposit of some +ancestor’s bones in a certain field was occasionally a valuable link in +the title to possession of that piece of land as private property;(189) +and the possession of land at all was in part a guarantee of the pure +native blood in the veins of the possessor.(190) It is a striking +illustration of the truth of this that, throughout all the extant speeches +of Isaeus dealing with the disposal of κλῆροι of dead citizens, not a +single case turns upon evidence for or against a sale or transfer of +property. The speeches all deal exclusively with family matters; the line +of argument always leads to the proof of near kinship by blood or adoption +to the previous owner; and the right of possession of the inheritance +seems taken for granted as following incontrovertibly the establishment of +the required relationship.(191) + + + “It seems to me that all those who contend for the right of + succession to estates, when like us they have shown themselves to + be both nearest in blood to the person deceased, and most + connected with him in friendship (φιλίᾳ), are dispensed from + adding a superfluity of other arguments.”(192) + + +(M98) In the early settlements, as Thucydides tells us, necessity was the +ruling motive. Each man devoted his attention to providing the necessaries +of life. There was superfluity neither of chattels nor of tilth. Men +hesitate to sow when the harvest is to be reaped by their enemies.(193) +The flocks and herds of the pastoral tribes could be driven for safety +into the mountain strongholds; yet even they were liable to frequent +losses. On one occasion Odysseus had to go to Messene “to recover a debt; +which, to wit, the whole people owed him (πᾶς δῆμος): for the Messenians +had lifted 300 sheep with their shepherds from Ithaka.”(194) As the +newcomers increased in numbers and gained a reputation for ability to +defend their own, sufficient to discourage the attacks of their +neighbours, they would have leisure to devote some of their energies to +the cultivation of the plains around them. Troy was founded first up in +the hills,(195) and afterwards was moved down to a good position on the +lower ground for the sake no doubt of the better pasture in the river +meadows, and of the agriculture which had long been carried on over the +“wheat-bearing plain” around the city,(196) before the ravages of the ten +years’ war. + +It is not proposed to enter in detail into the _methods_ of cultivation of +the soil in vogue at various times in Greece; but inasmuch as whilst +studying the kernel, assistance may often be obtained from knowledge of +the shell, mention may be made in passing of such few points of interest +in the physical features of agriculture as may be available. + +(M99) In the Consular Reports on Land Tenure in Europe made in 1869, +descriptions are given of the existing methods of tenure and cultivation +in Greece and the Islands. + +In Greece the usual holding of a small proprietor is said to be of fifteen +to twenty-five acres (or sometimes double that area), and is called a +_zeugarion_.(197) Many have only a couple of acres. + + + “The greatest inconvenience and frequent lawsuits arise from the + manner in which these properties intersect each other. Moreover + none of the usual precautions are adopted to mark the limits of + the different properties, which, in the absence of any reliable + land survey, are often very vaguely described in the title + deeds.”(198) + + +In cases of intestacy real property is divided equally among the children +or nearest relatives. When there is a will the testator can only reserve +for his disposal a share of the estate equivalent to that which, after an +equal division, descends by right to each of the direct heirs. + +(M100) Professor Ansted, in his book on the Ionian Islands in the year +1863, thus describes the management of an estate on the Island of Santa +Maura:—(199) + + + “According to Ionian law, all the members of a family share + equally in the family property after the death of the father; but + it does not follow as a matter of course that the property is + divided. It is much more usual that the brothers and sisters, if + young, continue to live together till they either marry or + undertake some employment or business at a distance. If a sister + marries, she is dowered with a sum equivalent to her share. If a + brother however earns a separate income, from whatever source, + whether he be married or remain single, and whether he live in the + same or a different house, or even remove to another town or + island, he pays in all his income to a joint fund, _the foundation + of which is the income obtained from the paternal estate_. Those + who do nothing else manage the estate. One brother, perhaps, + remains in the village as cultivator, another lives in the town + acting as factor, or merchant to the estate, receiving and selling + the produce and managing the proceeds, whatever the case may be; + and in addition selling, exporting, and otherwise conducting a + general business in the same department. A third may perhaps + receive and sell the goods in a foreign country. A fourth may be a + member of the legislature, and a fifth a judge. Some marry and + have families, others remain single: but the incomes of all are + united, each draws out a reasonable share, according to his needs, + and a very close account is kept of all transactions. If one + brother dies, his children come into the partnership; and as time + goes on, these again will grow up and marry, the daughters + receiving a proportional and often large dower out of the joint + fund, entirely without reference to the special property of their + parents. This may go on indefinitely: but as family quarrels will + arise, _there are always means of terminating the arrangement_, + and closing accounts, either entirely as regards all, or partially + as with reference to a _mauvais sujet_, or troublesome member of + the partnership.... This curious patriarchal system, though + obtaining more perfectly and frequently in Santa Maura than in the + other islands, exists in Cephalonia and is said to be not quite + unknown in Zante, where the state of society approximates far more + to that common in the western countries of Europe. Santa Maura, + being the most isolated of all the islands and that which retains + all ancient customs most tenaciously, is naturally that in which + this sort of communism can exist with smallest risk of + interference.” + + +According to the Consular Reports, the relations between landlord and +tenant are governed more by local usage than by law, and the landlord +generally takes on an average about 15 per cent. of the produce in kind on +the threshing-floor, as rent, in cases where he does not supply more than +the bare use of the land.(200) + +(M101) There is little manuring; the light plough barely turns the surface +of the land. Land is usually allowed to lie fallow every other year, +sometimes two years out of three. Sheep and goats are the chief stock; +they of course graze in summer on the mountains; villages sometimes own +forests and waste lands in common. + +(M102) In the islands of the Archipelago,(201) the holdings are frequently +divided into separate plots consisting of a quarter or half acre apiece or +even less, intersected by those belonging to other parties. Cattle are +pastured on the fallow, roadsides, &c., near the village. + +In Cephalonia,(202) holdings consist of from five to twenty-five acres, +seldom in a continuous piece, but “cut up into patches and intersected by +other properties.” + +In Corfu,(203) the holdings are similar—infinitesimally small and +intermixed pieces of land, especially in the olive groves, where however +there are no divisions on the land and the “oldest inhabitant” has to be +asked for evidence of ownership in disputed cases. + +Throughout the Greek nation, the peasants live in their houses in villages +and not on separate estates. They help one another to avoid the expense of +hired labour, and themselves work for hire on the estates of the large +proprietors. + +(M103) Professor Ridgeway has drawn attention to the knowledge of this +open field system in the _Iliad_ and _Odyssey_;(204) and indeed the +division of the land tilled by occupants of villages into small pieces or +strips, in such a way that the holding of each consists of a number of +isolated pieces lying promiscuously amongst the strips of others, over the +whole area under plough, is a world-wide custom and is the habit alike of +the east as of the west. + +Though the assertion cannot yet be made that the κλῆρος was thus arranged +on the soil, it can do no harm at any rate to bear in mind this ancient +and still used method of dividing land, whilst considering the question of +the relation of the ownership of the soil to the rank and status of the +tribesman. + + + + +§ 2. The Relation Of The Κλῆρος To The Οἶκος. + + +(M104) The connection of the possession of land with the headship of the +family finds its counterpart in the right of maintenance of those who had +the true blood of that family. And in those countries where the sons +remained until their father’s death under his _patria potestas_ they had +to look to him for maintenance derived from the κλῆρος which descended to +him as the means of sustenance for himself and his family. Where the head +of the family alone was responsible for the rites to the dead at the +family altars, the position of a son would always be incomplete if he +tried to establish during his father’s lifetime a hearth and household of +his own. And it has been already mentioned that it was necessary to +emancipate a son from the family of his own father, before he could take +property, passing on the death of his mother’s relations to her issue, and +assume his rightful position as their representative and the living head +of their household.(205) + +According to Harpocration, the initiation into the mysteries of the hearth +only took place on the actual assumption of the inheritance.(206) + +(M105) Occasionally a father feeling the weight of years would be glad to +pass on to his son during his lifetime some of his burden of +responsibility by making him master of his estate (κύριος τῆς +οὐσίας).(207) In this case, the son would be responsible for the +maintenance of his parent, a duty much insisted on by Plato and Isaeus. In +fact the conclusion is justified that the family, until final subdivision +into separate οἶκοι, drew its supplies from the common inheritance, and +that the subdivision of the means of subsistence was contemporaneous and +co-extensive with the differentiation of the various branches of the +original οἶκος along the lines of the rising generations. + +The same may be inferred from the words of Demosthenes describing the +division of the property of Bouselos amongst his sons and the foundation +of their several οἶκοι. + + + “And all these sons of Bouselos became men, and their father + divided his substance amongst them all, with perfect justice. And + they having shared the substance, each of them married a wife + according to your laws, and there were born children to them all, + and children’s children, and there grew up five οἶκοι from the one + οἶκος of Bouselos, and each dwelt apart, having his own house and + his own offspring.”(208) + + +In the meanwhile, before division, all sons had equal right to participate +in the family goods after the father’s death, and dowries had to be paid +therefrom to the daughters. The eldest brother was guardian (κύριος) of +his sisters and those of his brothers who were minors, inasmuch as he +succeeded to his father’s position of head of his kindred at the altars of +their ancestors. But in Greece at any rate his authority over his brothers +when once a division had taken place seems to have been slight if it +existed at all. + +(M106) Amongst the Gods, the three brothers Zeus, Poseidon, and Hades, +sons of Rhea, shared their inheritance from their father Kronos. They +divided everything in three, shaking lots thereover (παλλομένων). Each +took equal share of honour (ἔμμορε τιμῆς), but earth and Olympos were +common (ξυνή) to all.(209) But Zeus was the first-born and “knew more +things”—Ἀλλὰ Ζεὺς πρότερος γεγόνει καὶ πμείονα ᾒδη(210)—and Poseidon +therefore avoided open strife with him, however unwillingly. Though Zeus +be the stronger, grumbles the Sea-god, let him keep to his third share and +not interfere with his brothers’ pleasure on their common ground, the +earth. Let him threaten his sons and daughters who needs _must_ listen to +him (ἀκούσονται καὶ ἀνάγκῃ). Yet because the Erinnyes ever take the side +of the eldest born—ὡς πρεσβυτέροισιν Ἐριννύες αἰὲν ἕπονται—it were good +counsel to knock under, even though the division was made in perfect +equality (ἰσόμορον καὶ ὁμῇ πεπρωμένον αἴσῃ).(211) + +(M107) This passage contrasts the recognised autocracy of the head of the +family over his own household with the courteous deference of the younger +brothers towards the eldest; and it is evidence, so far as it goes, that +the eldest brother did not succeed to his father’s power over his grown-up +brothers, but owed what influence he did not obtain from the superior +advantages of his age and experience, to a superstitious feeling that +something was due to him in his position of head of the eldest branch of +the family. + +In the _Odyssey_,(212) Zeus gives Poseidon the title of “eldest and +best”—πρεσβύτατον καὶ ἄριστον—and elsewhere Hera lays claim to the same +birthright.(213) + +The power of the head of a household must have been something much more +real. Telemachos declares that he is willing that some other _basileus_ in +Ithaka should take the kingship, but he will be master over his own +house—ἄναξ οὄκοιο ἡμετέροιο—“and over the slaves that the divine Odysseus +won for me.”(214) + +In the Homeric Hymn to _Hestia_, that deity receives the title of honour +of firstborn: the poet, by a fanciful blending of ideas, implying that the +honour paid to the sacred hearth by the eldest of the family, fell to her +share as the eldest born of the children of Kronos.(215) + +Aristotle says that every household is ruled (βασιλεύεται) by its oldest +member,(216) and gives this prerogative of the household-_basileus_ as the +type and origin of the kingship in the village and the State. Reference +has already been made, in the section on the limitations of the ἀγχιστεία, +to the passage in the Gortyn law, viz.— + + + “The father shall have power over the children and the property to + divide it amongst them.... As long as they (the parents) are alive + there is no necessity for division.”(217) + + +(M108) But it must be borne in mind that though the κλῆρος was set apart +in theory for the use and sustenance of a head of a family with all his +descendants, and was supposed to be inalienable therefrom, there is no +reason to suppose that there existed among the Greeks a system of joint +holding between father and son. The ownership and management of the +property vested in the head of the family. It is true that brothers did +not always divide their inheritance on the death of their father, but +their undivided right to their respective equal shares remained to each +one and his descendants as an individual property, and they always seem to +have had the expectation of an ultimate subdivision amongst the separate +οἶκοι that had sprung into being.(218) + +(M109) The Gortyn Laws throw some light on the subject. + +As long as the father is alive, no man shall buy or receive in pledge from +the son any of the father’s property. But what the son himself has earned, +or inherited, he may sell if he like. + +So too the father may not dispose of the goods of the children which they +have earned or inherited. + +Yet may a son’s prospective share in his paternal inheritance be sold to +pay any legal fine he has incurred.(219) + +(M110) There is no joint holding here between father and son. The father +is in undisputed possession, and nothing the son can do by private +contract can affect his father’s occupation. But if the son had a right of +maintenance from his father during the lifetime of both, his expectation +of succession to an equal share with his brothers would give him, so to +speak, a value in the public eye. In the event of his incurring a +blood-fine, his father would presumably be obliged to pay it out of the +patrimony; and when exaction of such penalties passed into the hands of a +court, exception would hardly be made for long on behalf of the fine for +murder over penalties for other crimes coming before the court. Although +therefore for all ordinary purposes a son had no claim on the paternal +estate beyond his maintenance, his right of succession might easily grow +up in the eye of the law as an available asset capable of forfeiture with +the theoretical assumption that the scapegrace was unfit to hold his +position in the family.(220) His future portion, thus becoming deprived of +a representative, might be wholly or in part confiscated to the State. +There are many inscriptions confiscating to the State the goods of +criminals who transgressed the laws therein; but Plato evidently +contemplated the possibility of wiping out the individual without +depriving his descendants of their inheritance.(221) In such a case as +wife-murder, he says, the husband’s right of maintenance is extinguished +from amongst his family, he should be banished and his name wiped out for +ever, whilst his sons or relations enter upon the inheritance of his +property _immediately_. No distinction is made by Plato, or in the Gortyn +Laws in such a case between chattels and land. But inasmuch as all fines +would be levied in the first instance upon the property of the guilty +individual, it may be assumed that his own earnings went first, and that +only in extreme cases would the ancestral land of the family be sold. Even +then, in Israelite law, it was expected that the land would be _redeemed_ +by the nearest relative,(222) so that the result would be that the land +would go out of the family only when no relative could be found rich +enough to pay the fine out of his chattels. + +(M111) It is interesting to find analogous provisions in the customs of +Gavelkind of ancient Kent. Under the system of Gavelkind equal division of +property amongst sons obstinately held its own against the incursions of +the right of primogeniture; and the connection of the family with their +land seems to have been regarded as especially privileged in spite of the +growth of Feudalism. + + + “If any tenant in Gauelkinde be attainted of felonie, for which he + suffereth execution of death, the king shall have all his _goods_, + and his heire forthwith after his death shall be inheritable to + all his _landes_ and tenements which he held in Gauelkinde in fee, + and in inheritance: and he shall hold them by the same services + and customes as his auncestors held them: whereupon, it is said in + Kentish: + + +“The father to the boughe, +“And the sonne to the ploughe.”(223) + +(M112) It had become customary to allot to a bastard son who was prevented +by his birth from ranking with his brothers, and who had no place in the +kindred, some smaller substance as a means of subsistence. + +(M113) Odysseus pretends he was in this position, and relates how his +proud brothers allotted him but a small _gift_ (παῦρα δόσαν) and a house +as his portion.(224) + +Isaeus mentions that, only on the acquiescence of the true son, was +admission granted to a bastard into the phratria. Even then he was not +apparently taken into his father’s family, but allotted a farm (χωρίον ἕν) +by his brother and, as it were, launched into the world to start a family +of his own, without any further claim upon the property of his +father.(225) + +His introduction and admission to a phratria and deme, as a descendant of +an old family, so far removed the stigma of his birth as to give him the +title of citizen, and thus afforded him the qualification for holding +land. Yet the knowledge of his real parentage bereft him of the right of +sharing equally with the rest of his father’s sons, and compelled him to +be satisfied with the bare means of subsistence wherewith to found and +continue a house of his own.(226) + +(M114) When citizenship was conferred upon a beneficent stranger, it was +the custom at the same time to assign him and his descendants a house and +some land. We hear of grants on such occasions consisting of a κλῆρος in +the plain, a house, and a garden free of taxes; a _half_-κλῆρος in the +plain, a house and a garden of half the area of the preceding grant, &c. +In the fourth century B.C. a similar grant takes the form of so many +plethra as a patrimony or ever. Sometimes, as at Sparta in the second +century B.C., the estate was allotted to the newly-made citizen only on +condition of residence within the borders of the State.(227) + + + + +§ 3. The Householder In India: The Guest. + + +(M115) Sir Henry S. Maine in his _Early Law and Custom_(228) quotes Narada +in illustration of the composition of the early Indian family. A son “is +of age and independent in case his parents be dead: during their lifetime +he is dependent, even though he be grown old.” + +Further information on this subject is afforded by the Ordinances of Manu, +where the position of the first-born with regard to his younger brothers +is given at some length.(229) + + + (M116) “After both the father and the mother (are dead), the + brothers, having come together, should divide the paternal + inheritance: for while the two (parents) are alive the (sons) have + no power (over the property). + + + “Now the eldest (or best) alone may take the paternal property + without leaving anything, and the remaining (brothers) may live + _supported by him_ just as (if he were their) father.”(230) + + + (M117) “By means of the eldest (son) as soon as he is born a man + becomes possessed of a son, and is thus cleared of his debts + towards the manes; therefore this (eldest son) deserves the whole + (inheritance).” + + +Likewise: “If among brothers born of one father, one should have a son, +Manu said _all those brothers_ would be possessed of sons by means of that +son.”(231) But this seems to apply only to the son born to the eldest, for +if a younger brother married before the eldest and performed the daily +sacrifices, he sent himself, his brother, and his wife “to Hell.”(232) + +The eldest, if he performs his duty, “causes the family to flourish” and +“is most honoured among men.” He alone is “duty-born,” through him his +father “pays his debt”; other sons are only “born of desire.” As long as +his conduct is befitting, he must be honoured “like a father, like a +mother,” but if not, he only receives the respect of an ordinary +relative.(233) + +The brothers may live together in this way,(234) but if they divide and +live apart, the separate ceremonies necessitated by their separate +households will multiply the performance of religious duties, to the +advantage of all. + +(M118) The title of _Householder_, moreover, was more than a name. + + + “As all beings depend on air, so all orders depend on the + householder.” + + + “Because men of the three (other) orders are daily supported by + the householder alone with knowledge and with food, therefore the + householder (is) the chief order. That order must be upheld + strenuously by one desiring an imperishable heaven, and who here + desires perpetual happiness....” + + + “The seers, manes, gods, beings, and guests also make entreaty to + those heads of families for support. (This duty must, therefore,) + be done by a man of discernment.”(235) + + + “As all rivers, ... go to (their) resting-place in the ocean, so + men of all orders depend on the householder.”(236) + + + Let a householder perform the household rites according to rule + with the marriage fire and the accomplishment of the five + sacrifices and the daily cooking. The sacrifices are:— + + + Teaching the Veda is the Veda sacrifice: + Offering cakes and water is the sacrifice to the manes: + An offering to fire (is the sacrifice) to the gods: + Offering of food (is the sacrifice) to all beings: + Honour to guests is the sacrifice to men. + + + “Whoever presents not food to those five, the gods, guests, + dependents, the manes, and himself, though he breathe, lives + not.”(237) + + +(M119) The guest takes a very high place, and his presence is a revered +addition to the family sacrifices; so much so that it was thought +necessary to state definitely that “if the guest appears after the +offering to all the gods is finished, one should give him food as best one +can, but should not make (another) offering.”(238) + +The same virtue seems to have been considered by the Greeks also to lie in +the presence of the guest. In Euripides’ Elektra, Aigisthos, hearing from +Orestes that he and his friend are strangers, promptly invites them to +share as his ξυνέστιοι in his impending sacrifice of a bull to the nymphs, +promising to send them on their way in the morning.(239) + +Earlier in the play during the plotting of Aigisthos’ death, it is taken +for granted that directly he sees them he will call them thus to join him +at the sacrifice and the feast.(240) + +Alkinoos expresses the feeling of the Homeric age when he says: + + + “In a brother’s place stand the stranger and the suppliant, to him + whose wits have even a little range.”(241) + + +Nestor at Pylos, making sacrifice to Poseidon with his sons and company, +welcomes the unknown Telemachos and Mentor to the sacrificial feast.(242) +When the duty of feeding the guests has been satisfactorily accomplished, +he then asks them whether they are merchants or _pirates_, that “wander +over the brine at hazard of their own lives bringing bale to alien men!” + +It would appear that the virtue lay in the hospitality of the host and not +in the worthiness of the guest, and that therefore it was worth while to +run the risk of having invited the presence of a polluted man whose +impiety in not refusing to partake would doubtless fall on his own head. + +(M120) To return to the organisation of the Indian inheritance:—The duty +of maintenance(243) of the younger members of the family devolves upon the +eldest son at the death of his father. If the brothers are all “perfect in +their own occupations,” and they come to an equal division, “some trifle +should be given to the elder (brother) to indicate an increased respect +for him.”(244) Also if in division there remains over an odd goat or +sheep, or animal, it goes to the eldest brother. + +If any brother has disgraced himself, he does not deserve a share in the +property.(245) + +Sisters’ portions are allotted out of all the brothers’ shares +equally.(246) + +Property is divided once only.(247) But if “on living together after being +separated, they divide (the inheritance) a second time, in that case the +division should be equal, (as) in that case no right of primogeniture +occurs.”(248) + +The father’s wealth acquired during his lifetime is at his own disposal, +and need not be divided amongst his sons.(249) Likewise with any property +acquired by the sons.(250) If “any one of the brothers, being able (to +support himself) by his own occupation, does not desire (his share of the) +property,” he may be excluded from the division, but “something for his +support” should be given him to discharge his claim of maintenance from +the family at any future time.(251) + + + + +§ 4. Tenure Of Land In Homer: The Κλῆρος And The Τέμενος. + + +(M121) In the Homeric poems, written, as they are, from an aristocratic or +heroic point of view, a great gulf always exists between the royal or +princely class and the ordinary tribesmen. + +The βασιλεύς—the lion of his people(252)—has his select estate, his +τέμενος, with orchards and gardens of considerable extent; while the +swarms of tribesmen are allotted their κλῆροι in the open field, their +share in the common pasture, and depend on each other for help in the +vintage and harvest. + +(M122) The possession of large estates and of multitudinous flocks and +herds was one of the privileges of the chieftain or tribesman of princely +rank. + + + “For surely his livelihood (_i.e._ Odysseus’) was great past + telling, no lord in the dark mainland had so much, nor any in + Ithaka itself; nay, not twenty men together have wealth so great, + and I will tell thee the sum thereof. Twelve herds of kine upon + the mainland, as many flocks of sheep, as many droves of swine, as + many ranging herds of goats, that his own shepherds and strangers + pasture. And ranging herds of goats, eleven in all, graze here by + the extremity of the island with trusty men to watch them.”(253) + + +Bellerophon migrated from his own country and settled under the patronage +of the king of Lykia.(254) He married the king’s daughter, and to complete +his qualification and to confirm his princely status as a βασιλεύς of +Lykia, he was allotted by the Lykians an estate where the plain was +fattest on the banks of the river, consisting half of arable, half of +vineyard, the latter presumably on the slopes of the sides of the +valley.(255) Besides these no doubt he had flocks and herds on the +mountains, with steadings and slaves for their protection. It is +improbable that the fattest of the plain was unoccupied before, and it +must therefore be supposed that the system of agriculture was such as to +admit of such a partition and the consequent readjustment, or that the +dispossessed tribesmen had to compensate themselves with land out of the +common waste. + +In somewhat similar wise Tydeus at Argos wedded one of the daughters of +Adrastos, and dwelt in a house full of livelihood; and “wheatbearing +ἄρουραι enough were his, and many were his orchards of trees apart, and +many sheep were his.”(256) + +In the description of the Shield of Achilles in the _Iliad_ a vivid +contrast is drawn between the rich harvest of the βασιλεύς and the busy +toil of the tribesmen. + + + “Furthermore he set therein a τέμενος deep in corn(257) where + hinds (ἔριθοι) were reaping with sharp sickles in their hands ... + and among them the βασιλεύς in silence was standing at the swathe + with his staff, rejoicing in his heart.” + + +Meanwhile henchmen are preparing apart a great feast for himself and his +friends, and the women are strewing much white barley to be a supper for +the hinds.(258) + +(M123) But in the great common field all was toil and action; many +ploughers therein drave their yokes to and fro as they wheeled about.(259) +The holding of the common tribesman was not an estate (τέμενος) cut out of +the plain, but an allotment (κλῆρος), probably of strips as in Palestine +to-day, in the open fields that lay around the town. On the wheatbearing +plain round Troy(260) lay the stones that former men, before the ten +years’ war, had used to mark the balk or boundary of their strips (οὖρον +ἀρούρης).(261) One of these Athena uses to hurl against Ares, who, falling +where he stood, covers seven of the _pelethra_ that the stones were used +to divide. A pinnacle of stones is the only boundary to be seen to this +day between the strips of cornland in Palestine. Easily dislodged as these +landmarks were, they were specially protected by a curse against their +removal, and were with the Greeks under the awful shadow of a special +deity of boundaries.(262) They seem however to have been liable to +considerable violation. The ass, according to Homer, being driven along +the field-way, if his skin was thick enough, easily disregarded the +expostulations of his attendants, and made free with the growing +crop.(263) Homer also describes a fight between two men with measuring +rods in the common field,(264) and Isaeus(265) relates how an Athenian +citizen flogged his brother in a quarrel over their boundary so that he +afterwards died, whilst the neighbours, working on their land around, were +witnesses of what took place. + +Land was brought into cultivation, no doubt, as it was wanted. Achilles +contemplates that some of the rich fields of his friends may be +exceedingly remote, so that it would be a great thing to spare the +ploughman a journey to the nearest blacksmith. And no doubt the powerful +men of the community would, by means of their slaves or retainers, acquire +additional wealth by reclaiming lands out of the way and therefore +requiring a strong hand to protect them, which were profitable by reason +of their very fatness.(266) Such acquisitions would not be included in the +τέμενος of the prince, the very word τέμενος implying an area of land cut +out of the cultivated land of the community, generally described as being +in the plain (πέδιον). + +(M124) Such allotments of land seem only to have been made to princes and +gods, but when once allotted, remained as far as can be seen the property +of their descendants. It was a common fancy of the Homeric prince that he +was worshipped as a god, and they often mistook each other for some deity. +The godlike Sarpedon asks his cousin Glaukos, wherefore are they two +honoured in Lykia as gods, with flesh and full cups and a great +τέμενος.(267) + +As the possession of full tribal blood was necessary for the ownership of +a κλῆρος, so princely blood was the qualification for the enjoyment of a +τέμενος. The honoured individual need not be a king or overlord, but +besides his valour he must have in his veins the all-potent blood royal, +without which his privilege was no greater than that of other rich +tribesmen. + +It was not till the king of Lykia had satisfied himself that Bellerophon +was “the brave offspring of a god,” that he gave him honour, and the +Lykians meted him out a τέμενος.(268) This great τέμενος on the banks of +the Xanthos, half arable and half vineyard, remained in the possession of +his grandchildren, Sarpedon and Glaukos, apparently still undivided, +though they were not brothers but first cousins.(269) + +The king of the Phæakians had his τέμενος and fruitful orchard near but +apart from the fields and tilled lands of his townsfolk.(270) Odysseus it +seems had more than one τέμενος.(271) + +(M125) Once in the _Iliad_ the epithet πατρώιος is applied to a chief’s +τέμενος.(272) According to Hesychius, πατρώιος means “handed down to one’s +father from his ancestors,”(273) and Homer evidently uses the word in this +sense.(274) + +The kingship itself in Ithaka was considered as part of Telemachos’ +patrimony: “Never may Kronion make thee king in sea-girt Ithaka, which is +πατρώιον to thee by birth (γενεῇ).”(275) + +But though the τέμενος and the kingship were both equally πατρώια, they +did not together constitute an indivisible inheritance. Any one of the +blood could enjoy possession of the land, whilst the over-lordship must +necessarily descend in the eldest or the most able line. + +In his answer to the malignant wish quoted above, Telemachos does not +speak as if he contemplated giving up any tangible property. The bestowal +of the kingship, though due to him by inheritance (πατρώιον) is in the +hands of the gods; he means to be master (ἄναξ) of whatsoever Odysseus his +father won for him. + +(M126) It is interesting to compare this choice of Telemachos with the +exactly opposite choice made by Iason, as told by Pindar, when he came +back to claim his inheritance which had been seized in the meantime by his +second cousin, Pelias. + +He has come home, he tells Pelias, to seek his father’s ancient honour +which Zeus had of old bestowed on his great-grandfather Aiolos and his +sons. It is not for them now, being of the same stock (ὁμόγονοι), to +divide the great honour of their forefathers with sword and javelin. He +will give up all the sheep and herds of kine, and all the fields of late +robbed from his sires, though they make fat beyond measure the house of +Pelias (τεὸν οἶκον πορσύνοντ᾽ ἄγαν). But the kingly sceptre and throne of +his father must be his without wrath between them. And Zeus, the ancestral +god of them both (Ζεὺς ὁ γενέθλιος ἀμφοτέροις), is witness to their +oath.(276) + +(M127) Property in land could also be accumulated in the hands of +individuals not necessarily of princely station. Odysseus tells a tale of +how he took a wife of “men with many κλῆροι” (πολυκλήρων ἀνθρώπων) by +reason of his valour.(277) The κλῆρος must therefore at that time have +been at any rate roughly of some recognised area. Perhaps the tendency, so +fatal to Sparta, for the possession of the original shares or allotments +of many families to accumulate in the hands of the powerful or rich, had +already set in. In later colonisations and assignments of new land the +κλῆροι were often equally divided,(278) and the gift of citizenship, as +has been already mentioned, was sometimes accompanied by a grant of a +_half-kleros_ (ἡμικλήριον). Did the κλῆρος then represent in theory an +area of cultivated ground capable of sustaining a single household? + + + + +§ 5. Early Evidence _continued_: The Κλῆρος And The Maintenance Of The +οἶκος. + + +(M128) There are signs in Homer of the existence, already insisted upon +for later times, of the connection of the ownership of property with the +headship of a household. It follows that if the head of a family was the +only owner of land, the desire of establishing a family and thereby +preserving at the same time the acquired property and the name of the +possessor, made the acquisition of a wife a real necessity for the owner +of land. + +Eumaios, the swineherd, says that Odysseus would have given him a property +(κτῆσις), both an οἶκος and a κλῆρος and a shapely wife.(279) And Odysseus +in one of his many autobiographies speaks of taking a wife as if it were +the necessary sequel to coming into his inheritance.(280) + +Even Hesiod, the son of a poor settler, without much property to keep +together, if we can take Aristotle’s reading of the line, gives the +necessary outfit for a peasant farmer in occupation of a small κλῆρος, as +a house, a wife, and a plough-ox.(281) + +Aristotle quotes this line of Hesiod, in his argument that the οἶκος was +the association formed to supply the wants of each day,(282) its members +being called by Charondas, he says, ὁμοσίπυοι (sharers in the mealbin), +and by Epimenides the Cretan ὁμόκαποι (sharers of the same plot of +ground).(283) And he might have added that Pindar uses the word ὁμόκλαροι +to mean “twins.”(284) + +(M129) A household, according to Aristotle, consisted thus partly of human +beings, partly of property.(285) + +So closely is the idea of livelihood bound up that of the house or οἶκος, +that Telemachos can say without incongruity that his house is being +_eaten_ by the wooers:— + + + ἐσθίεταί μοι οἶκος, ὄλωλε δὲ πίονα ἔργα.(286) + + +The sanctity shared by the hearth and its sustenance may be illustrated by +Odysseus’ oath, which occurs three times in the _Odyssey_: “Now be Zeus my +witness before any god, and the hospitable board and the hearth of +blameless Odysseus whereunto I am come.”(287) + +(M130) When once the hospitable board had laid its mysterious spell on the +relations of host and guest, the bond was not easily dissolved. Glaukos +and Diomedes meet “in the mid-space of the foes eager to do battle,” +fighting on opposite sides. Nevertheless because the grandfather of one +had entertained the grandfather of the other for twenty days and they had +parted with gifts of friendship, their grandsons refrain from battle with +each other, pledge their faith, and exchange armour as a witness to others +that they are guest-friends by inheritance (ὄφρα καὶ οἵδε γνῶσιν, ὅτι +ξεῖνοι πατρώιοι εὐχόμεθ᾽ εἶναι).(288) + +If such force lay in the entertainment of a guest for a few days, some +idea can be formed of the virtue underlying the meaning of such words as +ὁμοσίπυοι and ὁμόκαποι, and binding together those habitually nourished at +the same board. + +(M131) If sons married during their father’s lifetime without any +particular means of livelihood, they could live under his roof and +authority, forming a great patriarchal household like that of Priam and +his married sons and daughters at Troy. But when a household dispersed +before the marriage of the sons and the inheritance was divided amongst +them, it was deemed indispensable for them to take wives, and each provide +for the establishment of his house and succession. This necessity is the +underlying motive of the compulsion over the only daughter left as +ἐπίκληρος to marry before a certain age, exercised by the Archon at +Athens. There the idea of the need of a continuous family (as well as for +other purposes), to keep together the property, had grown up apparently as +a reflection, so to speak, of the obvious importance of the property to +the family for the maintenance of itself and its ancestral rites. + +Though evidence is wanting for the _raison d’être_ of this sentiment in +Homer, the existence of the feeling can hardly be denied. + +The κλῆρος, at any rate, continued to pass from father to son in the +family of the tribesman or citizen. Hector encourages his soldiers by +reminding them that though they themselves fall in the fight, their +children, their house (οἶκος), and their κλῆρος will be unharmed, provided +only that the enemy are driven back.(289) + +The sentiment that a man was not really “established,” according to the +estimation of the Homeric Greeks, until the continuity of his house was +provided for, seems to explain the two references to Telemachos in the +_Iliad_. Odysseus is twice mentioned, as Mr. Leaf points out in his +_Companion to the Iliad_,(290) as the father of Telemachos, simply because +it was considered a title of honour to be named as sire of an established +house. No other mention of Telemachos occurs in the _Iliad_. + +Failure of heirs was, as in later times, the great disintegrating factor +and danger to the continuity of the family holdings. As long as a direct +descendant was to be found, the property was safe. + +Eurykleia comforts Penelope in her fear for the absent Telemachos, +saying:— + + + “For the seed of the son of Arkeisios is not, methinks, utterly + hated by the blessed gods, but someone will haply yet remain to + possess these lofty halls and the _fat fields_ far away.”(291) + + +Is it by accident that she here chooses the name of Arkeisios to describe +the head of the family of Laertes and Odysseus? He was Laertes’ father, +and in Telemachos, if he was preserved alive, he would thus have a +_great-grandson_ to represent his line in the succession to his property. + +(M132) The diversion of inheritance to any property from the direct line +is spoken of in Homer as a lamentable circumstance greatly intensifying +the natural grief at the death of the direct heir. + + + “Then went he after Nanthos and Thoon, sons of Phainops, + striplings both; but their father was outworn of grievous age, and + begat no other son for his possessions after him. Then Diomedes + slew them and bereft the twain of their dear life, and for their + father left only lamentation and sore distress, seeing he welcomed + them not alive returned from battle: _and kinsmen divided his + substance_ (κτῆσις).”(292) + + +In the tumultuous times of the _Odyssey_ the right of succession must +often have been interrupted by war and violence. Possessions, not only of +land, had to be defended by the sword even during the lifetime of the +acquirer. This prompts one of the wishes of Odysseus in his prayer at the +knees of Arete:— + + + “And may each one leave to his children after him his possessions + in his halls and whatever dues of honour the people have rendered + unto him.”(293) + + +The same anxiety prompts his question to his mother in Hades, to which he +obtains answer:— + + + “The fair honour (γέρας) that is thine no man hath yet taken, but + Telemachos holdeth in safety (thy) demesnes (τεμένεα + νέμεται).”(294) + + +(M133) The belief in the inseparability of the ancestral holding and the +family was strong in Samaria at the time of Ahab. The King offered Naboth +another vineyard better than his own in exchange for the one at Jezreel +near the palace, or, should he prefer it, its worth in money. But Naboth +said to Ahab, “The Lord forbid it me, that I should give _the inheritance +of my fathers_ unto thee.”(295) + +Both the Hebrew narrators and the Greek translators describe Ahab finally +as taking the vineyard at Naboth’s death _by inheritance_ (LXX. +κληρονομεῖν), in spite of the violence of the means of acquiring it +adopted by Jezebel. + +The limited right of the prince to alienate from his family any part of +his possessions is thus alluded to by Ezekiel:— + + + “Thus saith the Lord God; If the prince give a gift unto any of + his sons, the inheritance thereof shall be his sons’; it shall be + their possession by inheritance. But if he give a gift of his + inheritance to one of his servants, then it shall be his to the + year of liberty: after it shall return to the prince: but his + inheritance shall be his sons’ for them.”(296) + + + + +§ 6. Early Evidence _continued_: The Τέμενος And The Maintenance Of The +Chieftain. + + +(M134) It must be borne in mind that the tribal idea of the chieftainship +sanctioned the custom that the maintenance of the chieftain and his +companions or retainers should be levied at will upon the property of the +people. This privilege is very wide spread, and had its origin in the +earliest times. + +The levies were claimed under the name of _gifts_, and earned for the +princes the title of δωροφάγοι. As Telemachos declares, “it is no bad +thing to be a βασιλεύς, and quickly does his house become rich and he +himself most honoured.”(297) + +The royal family and nobles(298) levied contributions on their own or +conquered peoples apparently at will in Homer. Agamemnon calls together +the Greek chiefs:— + + + “Ye leaders and counsellors of the Argives ... who drink at the + public cost (δήμια πίνουσιν) and each command an host (σημαίνουσιν + ἕκαστος λαοῖς).”(299) + + +Priam chides his sons:— + + + “Ye plunderers of your own people’s sheep and kids (ἀρνῶν ἠδ᾽ + ἐρίφων ἐπιδήμιοι ἁρπακτῆρες).”(300) + + +Telemachos declares that if the wooers eat up all his sheep and substance, +he will go through the city (κατὰ ἅστυ) claiming chattels until all be +restored.(301) + +Alkinoos proposes to give gifts to Odysseus, and they themselves going +amongst the people (ἀγειρόμενοι κατὰ δῆμον) will recompense themselves: +“for hard it were for one man to give without return.”(302) + + + “Then I led him to the house,” says Odysseus, “and gave him good + entertainment ... out of the plenty in my house, and for the rest + of his company ... I gathered and gave barley meal and dark wine + from the people (δημόθεν) and oxen to sacrifice to his heart’s + desire.”(303) + + +(M135) These passages throw light on Agamemnon’s offer to Achilles of +seven well-peopled towns, whose inhabitants would enrich him with +plenteous gifts.(304) The proposal of Menelaos to empty a city _of Argos,_ +to accommodate Odysseus and his people, seems to be of quite a different +order, and betrays to us that the tyranny of the tribal chieftain, so +conspicuous in other nations, was no less a reality also amongst the +Greeks under Achaian rule.(305) + +(M136) In the Indian society that was regulated in accordance with the +_Ordinances of Manu_, the king appointed a chief of a town whose duty it +was to report to the higher officials on any “evil arising in the town.” +He likewise represented the king, and had the king’s right to receive +supplies from those under his oversight. + + + “What food, drink, (and) fuel are to be _daily_ given by the + inhabitants of a town to the king let the head of a town + take,”(306) + + +the line always being drawn between legitimate demands and tyrannical +extortion. + + + “For those servants appointed by the king for protection (are) + mostly takers of the property of others (and) cheats; from them he + (_i.e._ the king) should protect these people.”(307) + + +(M137) Under the rule of the Persians, all Asia was parcelled out in such +a way as to supply maintenance (τροφή) for the Great King and his host +throughout the whole year.(308) The satrap of Assyria kept at one time so +great a number of Indian hounds, that four large villages of the plain +were exempted from all other charges on condition of finding them +food.(309) + +(M138) Solomon’s table was provided after the same method. + + + “And Solomon had twelve officers over all Israel which provided + victuals for the king and his household; each man his month in a + year made provision.... And Solomon’s provision for one day was + thirty measures of fine flour and threescore measures of meal, ten + fat oxen and twenty oxen out of the pastures and an hundred sheep, + beside harts, and roebucks, and fallowdeer, and fatted fowl.... + And Solomon reigned over all kingdoms from the river unto the land + of the Philistines, and unto the border of Egypt; they brought + presents, and served Solomon all the days of his life.... And + those officers provided victual for king Solomon, and for all that + came unto king Solomon’s table, every man according to his + charge.”(310) + + +(M139) Sesostris is said to have obtained his revenue from the holders of +κλῆροι in Egypt in proportion to the amount of land in each man’s +occupation;(311) and Pharaoh, having bought all the land at the time of +the famine in Egypt except that which supported the priests, took +one-fifth of all the produce, leaving the remainder “for seed of the +field,” and for the food of the cultivators, and their households and +little ones. “And Joseph made it a law over the land of Egypt unto this +day, that Pharaoh should have the fifth part, except the land of the +priests only, which became not Pharaoh’s.”(312) + +In this case Pharaoh became proprietor by purchase of the land in Egypt. +But it must not be supposed that by exacting a payment from the occupier, +the overlord as a rule had any power over the ownership of the soil. He no +doubt had proprietary rights over his own estate, and may or may not have +had power to regulate any further distribution of the waste. But the right +of receiving dues, or of appointing another to receive them, gave him no +power over the actual tillage of the soil. + +(M140) The maintenance of the prince was a first charge apparently upon +the property of his subjects; and it is easy to see how the lion’s share +would always be allotted to him, alike of booty as of acquired territory. +As long as the community was pastoral, it is also easy to imagine how the +chief both increased his own wealth and admitted favoured companions or +resident strangers to a share in the elastic area of the common pasturage. +After agriculture had assumed equal importance in the economy of the tribe +as the tending of flocks and herds, one is apt to forget that for +centuries—perhaps for thousands of years—the system of agriculture that +grew up, still possessed much of the elasticity of the old pastoral +methods. Under the open field system, such a custom as that described by +Tacitus and in the Welsh Laws, viz. of ploughing up out of the pasture or +waste sufficient to admit of each tribesman having his due allotment, and +letting it lie waste again the next year, admitted of considerable +readjustment to meet the exigencies of declining population, as well as +providing an easy means whereby any stranger prince, like Bellerophon, who +might be admitted to the tribe, could be allotted either a τέμενος apart, +or a κλῆρος in the open plain. + +Pindar describes this method of cultivation when he says:— + + + “Fruitful fields in turn now yield to man his yearly bread upon + the plains, and now again they pause and gather back their + strength.”(313) + + +(M141) It is noticeable that the Aetolians offered Meleagros a τέμενος in +the fattest part of the plain, wherever he might choose, as a _gift_ +(δῶρον); and as the τέμενος would certainly be cultivated by slave or +hired labour, what they really gave him was the right of receiving the +produce from the 50 _guai_ composing the τέμενος. But this gift was meant +as a special honour or bribe, and took a special form in being in land as +a means of permanent enrichment. + +In similar wise Ezekiel suggested the capitalisation, as it were, by a +gift of land of the contributions to the princes, which no doubt were felt +to be very irksome. In the division of the land, a portion was to be set +aside first for the use of the temple and priests, then a portion for the +prince. + + + “In the land shall be his possession in Israel, and my princes + shall no more oppress my people; and the rest of the land shall + they give to the house of Israel according to their tribes. Thus + saith the Lord God, Let it suffice you, O princes of Israel; + remove violence and spoil and execute judgment and justice, and + take away your exactions from my people, saith the Lord God.”(314) + + +And again:— + + + “Moreover the prince shall not take of the people’s inheritance by + oppression, to thrust them out of their possession; but he shall + give his sons inheritance out of his own possession; that my + people be not scattered every man from his possession.”(315) + + +But there can be no doubt, that although the prince may have had no power +to dislodge any of the free tribesmen of his own people from their +holdings, yet no one could gainsay him if he chose to enrich himself by +planting or reclaiming any part of his domains, as Laertes is represented +as having done.(316) + +(M142) The modern usage in Boeotia and in the island of Euboea may very +well represent the procedure of ancient times, and if it can be imagined +that some method of the same sort was in vogue in Boeotia in the time of +Hesiod, it will be understood how possible it was for Hesiod’s father to +settle at Askra and gradually to acquire possession of a house and κλῆρος. + + + “There is some cultivation from Plataea to Thebes, but strangely + alternating with wilderness. We were told that the people have + plenty of spare land, and not caring to labour for its artificial + improvement, till a piece of ground once, and then let it lie + fallow for a season or two. The natural richness of the Boeotian + soil thus supplies them with ample crops. But it is strange to + think how impossible it is, even in these rich and favoured + plains, to induce a fuller population.”(317) + + +At Achmetaga, in Euboea, + + + “The folk pay for their houses a nominal rental of a bushel of + wheat per annum, in order to secure the owner’s proprietary claim, + which would otherwise pass to the occupier by squatter’s right + after thirty years of unmolested occupation. They are at liberty + to cultivate pretty well as much land as they care to, paying to + the landlord one-third in kind.... The produce here is almost + exclusively wheat or maize, but every family maintains a plot of + vineyard for home consumption.”(318) + + +(M143) Whether the free tribesman ever looked upon the contribution he +made to the maintenance of the princes, under whose protection he had the +privilege of living, as a condition of tenure of his land, is open to +doubt; but from the right to demand indiscriminate gifts, to confiscate or +eject in case of refusal, it is only one step to the exaction of a regular +food-rent as a return for the occupation of land. + + + + +§ 7. Summary Of The Early Evidence. + + +It may be useful here briefly to summarise the results of the inquiry of +the last three sections into the relation of the ownership of land to the +structure of society in Homer and in early times. + +(M144) the princes had their compact estates divided off from the other +land of the community, so that a passer-by could point and say, “There is +the king’s τέμενος.”(319) The ordinary tribesman on the other hand had a +share in the common fields under cultivation, probably consisting of a +number of scattered pieces of land lying mixed up with those of others, +and therefore only referred to on the face of the land, under the +comprehensive terms ἀγροὶ καὶ ἔργα ἀνθρώπων.(320) + +This share of the tribesman was, as in later times, called a κλῆρος, it +being possible for a man to enjoy several such holdings and deserve the +epithet πολύκληρος, whilst the lowest class of freemen consisted of those +who possessed no land, under the ignominious title of ἄκληρος. + +(M145) The κλῆρος, descending from father to son, was apparently connected +with the οἶκος or household, and supplied its maintenance. The οἶκος grew +fat or was consumed in accordance with the capacity of its head, and its +continuity was regarded as a matter of the utmost importance. Its members +were bound together at their ancestral hearth by mutual ties of common +maintenance. The sanctity of thus sharing the same loaf extended also to +guests, whose relations to their hosts might last for several generations. +It is the necessity of supplying the οἶκος and its dependents with the +means of sustenance and hospitality among a pastoral people gradually +adapting themselves to agriculture, that regulates the tenure of land and +the duties of the householder. + +(M146) The power of the chieftain to draw upon the resources of his people +for the entertainment of his household and his guests by exactions payable +in kind, supplemented by the power he also seems to have possessed to +transfer at will the right of receiving these “gifts” to any one he chose, +seems to contain the germs of the more complicated system of food-rents as +a condition of land tenure, which is so important a feature of the Celtic +tribal arrangements. + +(M147) Inasmuch as the prince was a member of the tribe, he was entitled +to an allotment in the land under cultivation, the very word κλῆρος +implying the equal right of all members of the tribe to a share in the +soil. But inasmuch as the prince possessed blood royal and claimed his +descent from the very gods that the tribesmen worshipped, his dignity was +above partaking with his tribesmen of a κλῆρος in the common fields. He +was therefore allotted a τέμενος apart, and worthy of his divine +parentage. Besides the bare single allotment of the τέμενος, land was set +apart for him as a gift of honour by the people, from whom honour and +gifts to their prince were due. Gifts in land formed a special mark of +honour, and may at the same time have served another purpose from the +giver’s point of view by way of a permanent source of income or endowment, +as it were, whereby the continuous exactions towards the maintenance of +the prince from the lands of the people might tend to be alleviated. Thus +much of power over the property of his inferiors he undoubtedly retained, +and he probably cultivated what he liked of the outlying lands under his +sway. + +(M148) But the evidence does not show that he ever had the right of coming +between the οἶκος of his tribesmen and their κλῆρος: the only means at his +disposal of severing the link between the family and the land, were those +employed by Ahab and Jezebel to acquire the “inheritance” of the ancestral +vineyard of Naboth at Jezreel. + + + + +§ 8. Hesiod And His Κλήρος. + + +In the time of Hesiod, the κλῆρος(321) could be sold in case of need and +added to the possession of another. + +(M149) But the case of Hesiod is in itself somewhat exceptional. His +father had fled from his own country by stress of poverty, and settled on +the barren land of Askra in Boeotia, where he was allowed to acquire some +land.(322) He was therefore somewhat of a sojourner (the μετανάστης of +Homer),(323) and, true to the Homeric doctrine, was unencumbered by the +claims of kindred. Hesiod contrasts the ready help of the neighbour with +the perfunctory slowness of the kinsman, duty-bound. The neighbour, he +says, is prompted by the need of mutual protection of material property, +the kinsman stays to bind on his sandals and gird his loins for the labour +he is forbidden to shirk.(324) + +Hesiod and his brother Perses had divided the κλῆρος of their father into +two, and lived apart. Perses had squandered his half, and spent his time +and his livelihood in the gay life of the town, but none the less seems to +have expected to be allowed to draw still further on the resources of the +paternal property, to the distress of his industrious brother. + +Hesiod does not contemplate any possible means of making a living other +than by tilling the soil; and his quaint ideas may be taken as typical of +the small Boeotian peasant-farmer, allowance being made for the short time +that his family had held land at Askra. + + + + +§ 9. Survivals Of Family Land In Later Times. + + +(M150) In later Greek writers it is several times stated that the κλῆροι +or ἀρχαῖαι μοῖραι were inalienable. Yet all remark to what a deplorable +extent the alienation and accumulation of land into few hands had been +carried. Aristotle comments on the excellence of the ancient law, at one +time prevalent in many cities, against the sale of the original κλῆροι, +and the good purpose therein of making every one cultivate his own +moderate-sized holding.(325) + +Innumerable passages could be quoted from the speeches of Isaeus, +referring to the law that forbade any one to alienate by will his landed +estate from his lawful sons. Plato warns his friends that buying and +selling is desecration to the god-given κλῆρος.(326) + + + “Now I, as the legislator, regard you and your possessions, not as + belonging to yourselves, but as belonging to your whole family, + both past and present.”(327) + + +Plutarch and Heraclides say that the same law against the sale of the +κλῆρος existed anciently at Sparta. + +(M151) Plutarch’s evidence, late as it is, of the ancient customs among +the Spartans is worthy of further consideration. + +In his _Life of Agis_ he states that the κλῆρος passed in succession from +father to son—ἐν διαδοχαῖς πατρὸς παιδὶ τὸν κλῆρον ἀπολείποντος—until the +Peloponnesian war. + +In his _Life of Lycurgus_ he says that— + + + “When a child was born, the father was not entitled to maintain it + (τρέφειν), but he took and carried it to a place called ‘lesche,’ + where the _elders of his tribesmen_ were sitting, who, if they + found the child pretty well grown and healthy, ordered its + maintenance (τρέφειν), allotting to it one of the 9,000 kleroi + (κλήρων αὐτῷ τῶν ἐνακισχιλίων προσνείμαντες).”(328) + + +Elsewhere in Greece at the introduction of the new-born child to the +relations and friends a few days after its birth, symbolical gifts of food +were made as the child was carried round the hearth.(329) + +(M152) The important part of this ceremony at Sparta, described by +Plutarch, seems to be the introduction of the infant to the elders of the +tribe, and the recognition by them of its right to maintenance, if it +appeared to them physically worthy of admission to the tribe. It cannot be +supposed that Plutarch believed that vacant κλῆροι escheated, so to speak, +to the community, because he elsewhere describes the lamentable tendency +of estates to get into few hands, which the community would in that case +surely have been able somewhat to prevent. Nor is it likely that a κλῆρος +was actually set apart for the maintenance of each infant, who was +apparently still nourished in its father’s house until seven years old, +when its education and occupations were regulated by the State. + +Reading this passage with the other in the _Life of Agis_, a natural +inference is, that the child’s right to succeed to the property of his +father only was thereby assured to him by the elders, _i.e._ the right on +his attaining manhood to enjoy the possession of land. This is the view +taken by M. de Coulanges;(330) but surely there is more underlying the +account of the ceremony. What actually took place with regard to the +allotment of a κλῆρος to the infant member of the tribe, cannot be decided +here. The State at Sparta undertook to educate all her sons after a +certain age, and gave the parent no further rights over the child. Is +there in this ceremony a transfer of the claim for maintenance from +against the head of the household to the larger unit represented by the +elders of the tribe, irrespective of the inheritance of the son from his +father? + +It would be necessary for the adult Spartan citizen, of the class of +ὁμοιοι at any rate, to have a right to the produce of some land, as +otherwise it is difficult to see how he could contribute the necessary +provisions that formed his share of maintenance at the joint table of his +_syssition_; unless indeed he drew his allowance from his father’s estate. + +(M153) In any case the idea of the dependence of a member of the tribe for +sustenance upon his right to a κλῆρος is striking; and at the same time +the evidence goes to show that his maintenance was a claim upon a group of +kinsmen at Sparta, comprising more than the nearest relations, and was +recognised as such by them. + +(M154) The link that bound the cultivators to their land was so strong in +early times at Athens, that mortgages could apparently not be paid off by +mere transfer of the land itself; but the whole family of the debtor went +with their mortgaged property and became enslaved to the creditor, having +in future to work the land for him at a fixed charge. + +This was the state of affairs that Solon set himself to mend, and it is +instructive that the method, he seems to have chosen, was to loosen the +tie between the owner and his land, and, by facilitating the transfer of +land from one to another, to obviate the necessity of taking the debtor’s +person with his family into slavery on account of the debt.(331) + +Nevertheless, in spite of the radical legislation of Solon, the sentiment +that bound the family to the soil remained long after his time. + +(M155) Besides the prohibition to sell the family land which Aristotle +speaks of as prevailing in Lokris, the Hypoknemidian Lokrians insisted on +actual residence on that land in the case of their colony at Naupaktos. +Though unable apparently wholly to forbid the participation of the +colonists in the ancestral rites of their kin in Lokris, they took +advantage of the prevailing sentiment with regard to the permanence of the +family, and insisted that the continuance of the hearth of the colonist at +Naupaktos should at any rate be considered of equal importance. + +According to an inscription of the fifth century B.C.:— + + + “The colonist has the right to return to Lokris and sacrifice with + his γένος both in the rites of his δᾶμος and his φοίνανοι for + ever. He can only return permanently without paying the + re-establishment tax if he has left ἐν τᾷ ἱστίᾳ at Naupaktos a + grown-up son or a brother. If a γένος of the colonists is left + without a representative (ἐχέπαμον) ἐν τᾷ ἱστίᾳ, the nearest of + kin (ἐπάγχιστος) in Lokris shall take the property, provided he go + himself, be he man or boy, within three months to Naupaktos. A + colonist can inherit his share of his Lokrian father’s or + brother’s property....” + + + “If a magistrate deals unfairly and refuses justice, he shall be + ἄτιμος and shall lose his μέρος μετὰ οἰκιατᾶν.”(332) + + +(M156) Though the sale of estates could be effected at Athens in the +fourth century B.C., yet, when the owner died without having sold, the +succession was regulated by the ancient custom. If there were legitimate +children, the inheritance to the land could not be diverted from them, +even by will;(333) provided only that the children had gone through the +ceremony of being accepted and enrolled by the phratria. If the descendant +had neglected this formality, and had failed to be recognised as a legal +member of the kindred or clan, he or she lost all rights to the property, +which went to the devisee or next of kin.(334) The right to possess land +was thus at Athens, as at Sparta, intimately connected with the tribal +organisation; and the claim for maintenance from the paternal estate could +only lie, after full acknowledgment of the necessary qualification had +been granted by the larger unit of relationship. + + + + +§ 10. The Idea Of Family Land Applied Also To Leasehold And Semi-Servile +Tenure. + + +(M157) Attention has been drawn to the reciprocal relations that existed +between the family and its land, and their inseparability in the minds and +phraseology of the Greeks at different times. There is a further +development however arising from this point of view, without some notice +of which the subject of the tenure of the κλῆρος would be incomplete, and +which serves to confirm the method with which this subject has been +treated. + +Though alike in their estimation of the possession of land as a means of +livelihood and for the accumulation of wealth, the Greeks had very +different views with respect to the place of agriculture as a worthy +occupation for a citizen. Sparta regarded it as entirely beneath the +dignity of her sons and forbade their personal application to the +cultivation of their κλῆροι. There was at Athens, on the other hand, a +large class of citizens whose energies were entirely devoted to the +production of fruits of the earth, whilst the life of a country gentleman, +combined with that of the farmer, was by no means despicable in their +eyes. + +(M158) There were mainly two methods of enjoying the possession of a +landed estate. Either the land was cultivated by the owner himself with +the help of bought slaves or hired servants, few or many, as described in +Hesiod and the _Oeconomics_ of Xenophon;(335) or the owner resided in the +city or a neighbouring town, and the land was tilled by aliens or serfs +(called sometimes κλαρῶται), like the Helots of Sparta, who paid an annual +contribution from the produce to their landlord. The serf was often +attached hereditarily to the soil in the sense of being unable to give up +his holding, but also had certain rights as against his master, both in +the matter of his own possessions and in that he could not be sold out of +the country.(336) + +(M159) There is a passage in the Gortyn Laws that states:—that if there +are no rightful successors to inherit the property of a deceased +Gortynian, his household’s κλῆρος, _i.e._ the persons composing it, shall +inherit his property. That is to say, if a Gortynian family died out and +no legal representative could be found, their proprietary rights were +extinguished and the κλαρῶται who lived upon the land took all their +property. This provision favours the idea that at Gortyn also the +citizen-population came of a race of conquerors, who were not exactly +looked upon as ground landlords upon whose land a subject family was +settled or had been allowed to remain, but that, whilst the relation of +the κλαρῶται to their land was of the closest if not an absolute bondage +to the soil, the proprietary rights of their superiors and masters +consisted of the conqueror’s overlordship and the power to derive their +maintenance from the joint produce of their serfs’ labour and the +land.(337) + +This comprehensive use of the word κλῆρος, as meaning both the allotment +of land and the family who were bound to occupy it, whose labour also +created its value to its lord and master, is quite consistent with the use +of the word in reference to the holdings of the Spartan citizens. The +allotment of a κλῆρος at Sparta evidently meant also a transference of +rights over the Helots that worked it; and even if this further +implication was not actually included in the meaning of the word, it was +so inseparable in thought that no explanation was necessary of the +composite significance of the allotment. + +(M160) The Athenians in their κληρουχίαι seem instinctively to have +combined these two methods of agriculture. The κληροῦχοι were not +colonists, who became citizens of a new city, but they remained citizens +of Athens, holding however their κλῆροι in a remote district. But the +chief feature of this method of landholding was that the owner, though +remaining a citizen of Athens and liable to the same claims from the +mother city in respect of military service, &c, as before, was yet +supposed to reside in the neighbourhood of his new κλῆρος. This was the +case, even when the land itself was left in the hands of the conquered +population at a fixed annual charge. + +(M161) An inscription found on the Acropolis of Athens, and relating to +some date about 560 or 570 B.C., defines the legal status of the first +κληροῦχοι sent to Salamis. They were assimilated to Athenian citizens as +to taxes and military service; but they must reside on their land under +pain of an absentee’s tax to the State.(338) + +(M162) In the year 427 B.C. the Athenians conquered the island of Lesbos. +They imposed no tribute on the subjugated islanders, but, making the land +into three thousand κλῆροι “except the Methymnian land,” they first set +apart three hundred κλῆροι as sacred to the gods, and on to the others +they sent off κληροῦχοι chosen by lot from themselves; to these the +Lesbians paid annually for each κλῆροι two minae, and _themselves worked +the land_.(339) + +According to the account of Aelian, the same method of procedure was +adopted after the conquest of Euboea in about 510 B.C. The Athenians, +having conquered the Chalkidians, apportioned their land to κληροῦχοι(340) +in two thousand κλῆροι, _i.e._ the country called Hippobotos; and, setting +aside τεμένη to Athena in the place called Lelantos, they let out(341) the +rest according to the pillars that stand in the King’s Stoa, which thus +bear record of the leases.(342) + +(M163) The holding of each κληροῦχος may have varied in size according to +the character of the soil and features of the country; but it may safely +be asserted that it must have been of sufficient dimensions, not only to +provide subsistence for the native population left on the soil, but also +to pay a considerable portion towards the keep of the κληροῦχος himself, +during his enforced residence in the conquered country. + +The class of citizen from amongst whom the κληροῦχοι were chosen by lot, +did not consist of families with much property in Athens.(343) Younger +sons without occupation, whom their fathers had not been quite callous +enough to “expose” in infancy,(344) and restless individuals without +property in the mother country, would be most likely to offer themselves. +And to such the two minae per annum, paid by the Lesbians from the produce +of each κλῆρος, would appear a reasonable if not a sumptuous provision of +livelihood. There were a hundred drachmae in the mina, and if it is true, +as asserted by Plutarch,(345) that in the time of Solon one drachma was +the price of a sheep, a yearly income of two hundred sheep, or their +equivalent, would be forthcoming to each κληροῦχος—surely a considerable +contribution to the maintenance of his family.(346) + +Under these circumstances each κλῆρος served to provide maintenance for +two households—both of whom had hereditary rights therein, though +themselves in different strata of society. Both households also were in a +sort attached to the soil, the one in practical bondage, the other bound +by law to reside in the country wherein lay its substance, and (if we may +use the common expression of the Welsh Laws) its privilege. + +(M164) This double and continuous ownership was not confined to the +semi-servile tenure of lands annexed by Athenian conquests. + +Leases to be handed down from father to son _for ever_—τὸν πάντα +χρόνον—subject of course to the regular payment of the rent, seem to have +been quite usual. + +What is said to be the oldest Greek contract we have, is of this +nature.(347) It was found in Elis at Olympia, and runs as follows:— + + + “Contract with Theron and Aichmanor with regard to the land in + Salamona of eighteen plethra. Rent, twenty-two manasioi of barley + in the month Alphioios; if he omits, let them pay double. _They + shall hold for ever._”(348) + + +There is an instance of a proprietor of land at Mylasa, in Karia, +deliberately selling his estates to a sacred community for the benefit of +the god, and receiving them again (like the Roman _precaria_) from the +trustees on perpetual lease—εἰς πατρικά—as the patrimonial substance of +his family, for himself and his issue or whosoever should take inheritance +from him. He thus obtained a money value down in return for his property, +but bound himself and his descendants to an annual rent of so many +drachmae, to form part of the revenues of the god. Moreover his +“family-land” in this case was apparently more inalienable now than +before; for he might neither divide the land henceforth, nor share the +responsibility for the rent with another.(349) + +(M165) Do not these instances show that even leases were included in the +same category with actual ownership of land, being embraced within the +characteristic idea that the land that contributed to the maintenance of +the family and had come to be regarded almost as giving that family its +social if not its political status, should descend unintermittently from +generation to generation in that family, though its occupation was subject +to providing support likewise to a superior owner and his family, whose +descendants in their turn also would demand their share in the produce? + +Is the conclusion justified that the basis of this indomitable feeling was +that the peculiar view of the family, as consisting of a long line of past +and future representatives, precluded the individual, who happened to be +the living representative at any given time, from taking an irresponsible +position as absolute master of the property, upon which his family had +been, was, and would be dependent? + + + + + +CHAPTER V. CONCLUSION. + + +(M166) In weighing the results of this essay, it would be absurd to +pretend that anything of the nature of a last word can be said on the +subject. The process of the early development of Greek society cannot be +ascertained merely from the study of a few survivals in historic times. +The comparative method must be carried much further than has been +attempted here, before the secrets of antiquity can be laid bare and an +authoritative statement made. + +There would seem, however, to be at any rate some points, of those that +have come under notice, worthy of further investigation, in so far as they +indicate that Greek society was no isolated growth, but must be given a +place in the general development of the systems of Europe. + +(M167) It is suggested that in the continuity of city life from an earlier +stage of society under some form of the Tribal System, can be found the +only natural explanation of the structure of the kindred at Athens in the +fourth and fifth centuries B.C. Comparison with the customs of other +nations,—the Hindoos, the Welsh, and the Israelites, the last two being +the most typical examples of peoples of which we have written records +whilst still living under the tribal system—has shown remarkable analogies +in the organisation of their inner society. + +(M168) The actual similarity in the sentiment which surrounded the +possession of the privileges of tribal blood and the title to citizenship +at Athens, can hardly be exaggerated. + +(M169) The foundation of the bond in either case has a threefold aspect. +The bond is one of blood, of religion, and of maintenance. + +(M170) The qualification for citizenship, as much as for the tribal +privilege, was a question of parentage; and the citizen equally inherited, +with his blood, responsibilities towards the community into which he was +born, as to a larger kindred. + +(M171) Membership of the tribe or of the city was the only qualification, +that admitted to the privilege and duty of partaking in the public +religious observances. Tribesmen and citizens, by virtue of their +privilege, shared in the worship of the greater gods, of Hestia in the +Prytaneum, of Zeus Agoraios, and of the Heroes or special guardians of +their community; in like manner as the member of the smaller group of a +kindred, by virtue of his blood, shared in the worship of the Apollo +Patroïos, the Zeus Herkeios or Ktesios, and the heroes or ancestors of his +family. Inasmuch as citizenship depended upon purity of descent, the +possession of the latter qualification carried with it the right to share +in the greater ceremonies. But the converse was equally stringent, in that +the possession of shrines of Apollo Patroïos and Zeus Herkeios was +impossible, unless the family was one of those who had for many +generations been recognised as belonging to the true stock of the +community. + +(M172) Inasmuch as the worship of private or public gods consisted mainly +of offerings of food, of beasts or produce of the earth, and wine, every +tribesman or citizen must have had the means of providing his share in the +offerings, besides supporting himself and his family. Those devoted to +handicraft or merchandise were often despised by the regular tribesman or +citizen, and sometimes therefore formed separate clans by themselves, like +the smiths in Arabia. It is not surprising, therefore, to find that the +membership of the tribe or city should have carried with it the right to +the possession of some portion of the arable land and of the pasture, upon +which all were regarded as being dependent. In this way the possession of +land was intimately related to the status and the duties of the owner. It +was the visible mark of his full tribal privilege, and was the practical +means of his fulfilling his duty towards his fellows and the public +religion, as well as to the needs of his ancestors and household. It seems +also to have been believed that, in partaking of the hospitality or +sharing in the sacrificial feast of any family, a bond was for the time +being created which was in most respects practically equivalent to +relationship by blood to the members of that family.(350) + +(M173) Apart from the tribal character of the qualification for +citizenship, the most conservative organisation wherein had been +stereotyped the most precious of tribal customs, was that of the kindred. + +It is suggested that the vitality of the customs surrounding the bond of +family relationship was due to the importance attached to the religious +and social functions incumbent on all members of a household united by +kindred blood. The actions of the individual members were constrained by +their weighty responsibilities towards the continuance and prosperity of +the composite household, in which they moved, and apart from which their +existence could not but be altogether incomplete. + +The worship of ancestors occupied a prominent place in the needs of the +Athenian household, and, no doubt, had a corresponding influence in the +preservation of its unity. The same of course cannot be said for Wales, +where Christianity had replaced, in the records at any rate, whatever +religious beliefs may have existed earlier. But the grouping of the +kindred according to grades of relationship was adhered to by the Welsh as +an intrinsic part of their very conception of a kindred; and this would +point to the conclusion that such subdivisions were due to wider needs +than can be found in any particular form of religious belief or worship. + +(M174) If, as has been suggested, in adhering to these customs, the Greeks +were still treading in the tracks of their tribal ancestors, how is it +that the most convincing evidence comes from as late as the fifth and +fourth centuries B.C. and mainly from the most highly civilised of the +cities of Greece? + +The _Iliad_ and the _Odyssey_ may perhaps be trusted as truly portraying, +so far as they go, the manners and customs of the great period of Achaian +civilisation, known as Mycenean, which may be said to have culminated just +before the Dorian invasion. Whence then came the public recognition of +those household ceremonies of ancestor-worship, which filled such a large +place in the life of the Athenian citizen, and which, it has been +suggested, were consciously or unconsciously slurred over by the Homeric +poets? + +(M175) Mr. Walter Leaf has already found an answer to this question,(351) +viz. that these ceremonies were the long cherished customs of the ancient +Ionian or Pelasgian inhabitants of Greece, who had formed the substratum +of society under Achaian rule, and who only came into prominence on the +removal of their superiors at the time of the Dorian invasion. And this +continuity, underlying the superficial rule of the Achaians, seems to be +borne out by recent research and discovery.(352) + +The Athenians always boasted their Ionian descent, and may well have +inherited their habits with the traditions of their origin. + +(M176) But the customs reviewed in the foregoing pages seem to have a +wider parentage than can be attributed to the Pelasgians alone. Spartan +customs at any rate cannot thus be accounted for. + +(M177) In the course of argument reference has often been made to the +Jewish records in the Books of the Old Testament, and indeed a remarkable +parallel is presented in the history of the two peoples. Both peoples +apparently reached their greatest period about the same time. The reign of +Solomon with its gold and costly workmanship must have resembled that of +the Mycenean kings in more than similarity of date, and outward splendour. +Taking Homer again as the courtly chronicler of the Achaian age of gold, +the Books of the Kings of both peoples are curiously conscious of their +former tribal conditions, through which they easily trace back to the very +fountain-head of their race. + +(M178) In the period of the decay of the Jewish people under the stress of +invasion by foreign kings, strenuous efforts were made by their prophet +leaders to purge them from the alien blood and alien influences contracted +in the careless days of their prosperity. Their aim was to restore once +more those strict tribal habits which had served them so well at the time +of their own victorious invasion, and which still lay dormant in their +constitution. In similar wise, the period of Achaian prosperity seems to +have been followed by a rise into prominence at any rate, if not an actual +resuscitation, of old tribal customs. + +(M179) The actual traces of tribal institutions in Homer need not be +underrated. There is much that is of a tribal character in the Homeric +chieftain in his relations to his tribesmen and to their gods. Survivals +of tribal custom may also be seen in the reverence for the guest, and the +sacredness of the bond of hospitality lasting as it did for generations; +and in the blood-feud with its deadly consequences, especially when +occurring within the tribe or kindred. Indeed if only the Pentateuch of +the Achaians could be found in the ruins of Mycenae and added to the +Homeric Book of the Kings, would it not then probably be evident that +there was much more of a tribal nature in the organisation of the kindreds +of the Achaians and surviving throughout the whole period of their +splendour than the aristocratic poets of the Homeric schools allowed +themselves to record? + +(M180) Although therefore nearly all our evidence of the internal +structure of the kindred among the Greeks dates from the fifth century +B.C., the ἀγχιστεία at Athens must not be put down as belonging merely to +that period. In the light of the close analogies to be found in the +structure of other tribal systems, it is probable that such subdivisions +of the kindred belong to an extremely early period in the history of the +Greeks, whether as Achaians or Ionians or Dorians. Are they not indeed +necessary features of tribal society itself wherever it is examined? + + + + + +INDEX. + + +Adoption, object of, 35; + out of unfortunate home, 36; + ceremony of, 36-7 + +_Agora_, 2, 3 + +ἀγχιστεία, 32; + its meaning, 55; + its limits, 58-9; + all within it liable for bloodshed, 75 _et seq._; + its tribal origin, 143 + +Ancestor-worship, 10, 140; + in Homer, 5, 7; + in Israel, 8, 9; + in Egypt, 11; + pre-Homeric, 141, _note_ + +ἀνεψιός see ἀγχιστεία + +βασιλεύς, one of a class, 107, 114; + honoured like a god, 105-6, 122; + owned τέμενος, 102, 106, 122; + influenced the seasons, 105, _note_; + over-lordship not altogether hereditary, 107; + levied maintenance on their people, 115, 122; + Solomon, 116; + household βασιλεύς 92 + +Bastard, no place in family, 95-6; + allotment or gift for his maintenance, 95-6 + +Blood, as basis of family, 13; + of tribe, &c., 4-5, 138; + its purity jealously guarded, 67 _et seq._; + acquisition of, 68 _et seq._ + +Blood-fine, not within the tribe or kindred, 42-4, 77; + in Wales, the _galanas_, 78 _et seq._; + paid by whole family, 79 _et seq._ + +Bloodshed, responsibility for, 42; + rested on ἀγχιστεία, 75 _et seq._; + within the kindred, 44, 77 + +Citizenship, admission to, 71, 96; + qualification for, by three descents, 73; + basis of, 138; + confirmed to son of stranger, 71, _note_ + +ἔγκτησις, grant of, to new citizen, 97, _note_; 123, _note_ + +ἐπίκληρος, succession found through her, 23; + she must marry next-of-kin, 23-7; + in Gortyn laws, 26; + where more than one, 26; + inherited for her issue, 28; + Ruth as, 31, 34; + had right of maintenance from property, 23-4 + +Family (_see_ οἶκος), bound to the land, 127 _et seq._; + family estate in Santa Maura, 86; + head of family, 91 + +Funeral, _see_ Sacrifices + +Gavelkind, in Kent, 95 + +Guest, importance at sacrifice, 99-100; + hereditary guestship, 110 + +Hearth, 3, 4; + as basis of the family, 13, 17; + in Prytaneum, 4, 15; + initiation of heir to, 89 + +Heir, duties of, 18-19, 20; + importance of male heir, 21-3, 98 _et seq._; + daughter’s son, 23-7; + always ranks as _son_ of deceased, 34 _et seq._, 59 _et seq._; + initiated to hearth, 89; + introduced to kindred, 36; + and to the deme, 38-9; + importance of introduction of, 41, 125-8; + co-heir in Wales, 51; + law of succession, 57 _et seq._; + disinheritance, 61; + division among heirs, 64 _et seq._, 101; + Ahab’s ’inheritance’ of Naboth’s vineyard, 114 + +Hesiod, his κλῆρος, 123; + the needs of a farmer, 109 + +_Hestia_, 3, 4, 138; + called “princess,” 13 + +Inheritance, see κλῆρος, and Heir + +Kinship, grades of, 48 _et seq._; + in India, 52; + in Wales, 49, 67 _et seq._; + the fourth degree, 73, 112; + the seventh, 78 et _seq._; + the ninth, 68 _et seq._; + wife’s relations no kin to husband but are to son, 61, _note_ + +Kinsmen, duties of, 18, 42; + next of kin marries “heiress,” 23-7, 35; + his duty to redeem property in Israel, 32, 95; + kinsmen accept heir, 36, 41, 125-7; + sanction disinheritance, 61; + liable for bloodshed, 75 _et seq._; + Hesiod’s idea of, 123 + +κλαρῶται, 130 + +κλῆρος, its form, 85 _et seq._; + supported the οἶκος, 88 _et seq._, 110, 121, 127; + need not be divided, 47, 89, 93, 97; + no joint holding between father and sons, 93; + sold in case of need, 94; + in theory inalienable, 94, 113, 124, 127; + allotted to new citizen, 96; + in Homer, 102; + held by tribesmen, 108; + of Hesiod, 123 + +κληροῦχοι, 131 _et seq._ + +Land, ownership of, proof of civic rights, 83, 96 (_see_ κλῆρος and + τέμενος) + +_Lar_ = “lord,” 12; + _lares_ of king, 4 + +Leases, for ever, 134-6 + +Levirate, not in Greece, 27; + in India, 29; + in Israel, 30 _et seq._ + +Maintenance of parents (_see_ Parents); + of οἶκος, 110; + the bond of, 110, 139; + of the chief, 114 _et seq._; 122; + in Ezekiel, 119; + of children at Sparta, 125; + gift of food to babe, 125; + derived from κλῆρος, 127 + +_Manes_, duties to, in India, 19 + +Marriage, of heiress, 23-6; + of near relations, 29; + of widow (_see_ Levirate) + +_Octopus_, 125 _note_ + +οἶκος, part of γένος, 17; + importance of continuity of, 9, 19-20, 30, 35, 111, 128; + the unit of ownership of property, 47, 109; + extent of, 54-6, 88-9; + the householder in India, 99; + supported by its land, 110, 113, 121; + of Bouselos, 55, 62; + power of head of, 91-2 + +Open field system, in Greece, 85; + in the islands, 87; + in Homer, 88, 104; + its elasticity, 118-9 + +_Parage_, in Normandy, an undivided tenure, 50 + +Parents, maintenance of, 18, 48; + after death, 19 + +_Phratria_, enrols legitimate sons, 36-7; + partly responsible for bloodshed, 76 + +Primogeniture, not the rule in Greece, 90; + nor in India, 97 _et seq._; + eldest son had certain rights or dignity, 90 _et seq._, 97 _et seq._; + called ἠθεῖος, 91, _note_ + +_Prytaneum_, 3, 4, 15, 138 + +Register, of phratria, 36; + of deme, 38 + +Ruth, as widow and ἐπίκληρος, 31-4 + +Sacrifices, object of, 6, 139, _note_; + to the dead, 8, 9-12; + of funeral cake in India, 51 _et seq._; + funeral rites at Athens, 20; + of householder in India, 99; + bond of common religion, 13, 53, 138 + +Stranger, abhorrence of, 5, 71, 74; + as guest, 99 (_see_ Guest); + admission to tribe, 67 _et seq._, 96 + +τέμενος, in Homer, 103, 113; + allotted to princes and gods, 102, 106, 118, 122; + called πατρώιος, 106; + helped to support prince, 118-9 + +Tonsure, in Greece, 39; + in India, 40 + +Tribe, its basis one of blood, 4-5, 138; + possible development of, 14-15; + admission to, 68 _et seq._, 96 (_and see_ Citizenship) + +Widow, could not inherit from husband, 27-8; + returned to her kin or guardian, 28; + when allowed to remain, 28, _note_; + the case of Tamar, 30; + of Ruth, 31 _et seq._ + +THE END. + + + + + + +FOOTNOTES + + + M1 Vitality of the tribal system. + M2 Its survivals form the subject of this inquiry. + M3 The centres of political and tribal society. + +_ 1 Il._ ix. 63. + +_ 2 Il._ ii. 400. + +_ 3 Il._ xi. 807. + +_ 4 Il._ ii. 788. + + M4 The Prytaneum and Hestia. + +_ 5 Journal of Philology_, xiv. 145 (1885), Mr. Frazer on Prytaneum. + + 6 Cauer, _Delect. Inser. Graec._ § 121. (Crete, c. 200 B.C.) “I swear + by Hestia in the Prytaneum (τὰν ἐμ πρυτανείῳ), by Zeus of the Agora, + Zeus Tallaios, Apellon Delphinios, Athanaia Poliouchos, Apellon + Poitios, and Lato, and Artemis, and Ares, and Aphordite, and Hermes, + and Halios ... and all gods and goddesses.” _Cf._ also § 116, and + _Od._ xiv. 158. + + Plato, in _Laws_ § 848, says Hestia, Zeus and Athena shall have + temples everywhere. + +_ 7 Thuc._ ii. 16. + + M5 Their origin. + +_ 8 Journal of Philol._ xiv. 145. + +_ 9 Op. cit._ p. 153. + + M6 Qualification for share in religious rites one of blood. + + 10 Exception, however, was sometimes made in the case of the stranger + as a favoured guest, _v. infra_, p. 99. + + M7 Ancestor-worship not obvious in Homer. + + 11 Plato (_Laws_ 948) remarks that at the time of Rhadamanthos the + belief in the existence of the gods was a reasonable one, seeing + that at that time most men were sons of gods. + + M8 Offerings of food to the gods, + +_ 12 Il._ xxiii. 206. It is clear from _Il._ i. 466 _et seq._ that the + sacrifice was held to be a feast at which the choice portions were + devoured by the god by means of the fire on his altar. _Cf._ p. 139, + note. + + M9 and to the dead. + + 13 It was not therefore only at the mouth of Hades that the dead could + benefit by such offerings. + + M10 The continuance of his name quite as important as offerings of food. + +_ 14 Od._ iv. 197. _Cf._ _Il._ xvi. 455. + ἔνδα ἑ ταρχύσουσι κασίγνητοι τε ἔται τε + τύμβῳ τε στήλῃ τε: τὸ γὰρ γέρας ἐστὶ θανόντων. + + 15 The speculative state of mind displayed in the _Iliad_ may be + illustrated from the effect on Achilles of the apparition of + Patroklos after death in a dream. As he wakes suddenly the + conviction comes upon him:—“Ay me, there remaineth then even in the + house of Hades a spirit and phantom of the dead, albeit the life be + not anywise therein: for all night long hath the spirit of hapless + Patroklos stood over me, wailing and making moan, and charged me + everything that I should do, and wondrous like his living self it + seemed.” _Il._ xxiii, 113 &c. + + M11 Offerings to the dead in the Old Testament. + + 16 Ps. cvi. 28. _v._ Maine’s _Early Law and Custom_, p. 59. + + M12 Resemblance between Homer and the Old Testament. + + 17 1 Sam. xx. 6. Θυσία τῶν ἡμερῶν ἐκεῖ ὅλῃ τῇ φυλῇ. + + M13 Ancestor-worship in India and Rome. + + 18 Soph. _Antig._ 659. + + 19 Coulanges, _Cité Antique_, p. 65. + + 20 Soph. _Antig._ 199. + + 21 Soph. _Phil._ 933. Soph. _Elekt._ 411. + + M14 The need of food for the dead; + + 22 Aesch. _Pers._ 609-618. The speaker in this case is a Persian and a + woman; but many passages might be quoted from the Greek poets. _Cf._ + Lucian, _De Luctu_, 9. Τρέφονται δὲ ἄρα ταῖς παρ᾽ ἡμῖν χοαῖς καὶ + τοῖς καθαγιζομένοις ἐπὶ τῶν τάφων: ὡς εἴ τῳ μὴ εἴη καταλελειμμένος + ὑπὲρ γῆς φίλος ἥ συγγενὴς, ἄσιτος οὗτος νεκρὸς καὶ λιμώττων ἐν + αὐτοῖς πολιτεύεται. + + M15 the same in Egypt, + + 23 Edited by C. H. S. Davis (Putnam, 1894). + +_ 24 Id._ chap. liii. + +_ 25 Id._ chap. lxxii. + +_ 26 Id._ chap. lxxvii. + + M16 and in India. + M17 Ancestor-worship not necessarily post-Homeric. + +_ 27 Cité Antique_, p. 93, ἑστία δέσποινα. + + M18 The hearth and the tie of common blood. + M19 Possible course of social development. + M20 The change of tribesmen into citizens. + +_ 28 Wks. & Days_, 327-332. + +_ 29 Id._ 353-5. + + M21 The study of the family introductory to the history of the tribe. + M22 The duties of the individual to his οἶκος, + M23 began with his living parents; + +_ 30 Laws_ § 717, Trans. Jowett, _cf._ 729 C and 931 A. + + M24 and extended to their tomb. + + 31 Arist, _Ath. Pol._ lv. 3. Isaeus, viii. 32. “The law commands us to + maintain (τρέφειν) our parents even if they have nothing to leave + us.” _Cf._ Ruth iv. 15 διαθρέψαι τὴν πολιάν σου. + + _Iliad_ iv. 477 and xvii. 302. + + ... οὐδὲ τοκεῦσιν + θρέπτα φίλοις ἀπέδωκε... + + Hesiod, _Works and Days_, 118. + + οὐδέ κεν οἵγε + γηράντεσσι τοκεῦσιν ἀπὸ θρεπτήρια δοῖεν + χειροδίκαι. + + 32 Plato, _Laws_, 877 C. + + 33 Aeschin. _c. Timarch._ § 13. + + 34 Isaeus, iv. 19 (_Nicostrat._). + + M25 Continuity of the family; + M26 in the _Ordinances of Manu_; + +_ 35 Ordinances of Manu_, translated by A. C. Burnell, edited by E. W. + Hopkins. London: 1884. Bk. ix. 106, 8, 182, 137, 161. + + M27 and according to Plato. + +_ 36 Laws_, 721 B, Trans. Jowett, _cf._ 923 A. + + 37 Dem. _c. Leoch._ 1090, and _Il._ xxiii. 163, xvi. 455, xxiv. 793. + + 38 Dem. _c. Macart._ 1077. + + 39 Isaeus, ii. 36 and 42. + + 40 Arist. _Pol._ 1, 2, 4, Ἡ κτῆσις μέρος τῆς οἰκίας ἐστί. + + M28 The importance of male succession. + + 41 Plut. _Lycurg. and Numa_ 4. Xen. _Rep. Lac._ i. 7 to 9. + + 42 From Xen. _Rep. Lac._ i. 9, it would seem that such children, born + into a family where there were already children of both father and + mother, had no share in the family property. + + 43 This was the practice also in Arabia (Rob. Smith, _Kinship &c._, p. + 110). + + 44 Herod. v. 40. + + 45 Herod. vii. 205. Quoted by Hearn, _Aryan Household_, p. 71. + +_ 46 Iliad_ xv. 497. + + 47 Is. vii. 30. + + 48 Is. ii. 36. + + 49 Is. iii. 59 and 60, vi. 28. + + M29 Succession through a daughter. + + 50 For want of a better translation implying “going with the property” + this word will be rendered by “heiress.” + + 51 Is. viii. 31. _Cf._ συνουκεῖν in Dem. _in Neaeram_ 1386. + + 52 Demosth. _Steph_. ii. 1134. Son. of ἐπίκληρος inherits (κρατεῖν τῶν + χρημάτων) ἐπὶ δίετες; τὸν δὲ σῖτον μετρεῖν τῇ μητρί. + + 53 Is. vi. 14. _Cf._ Ar. _Vesp_. 583 _et seq._ + +_ 54 Manu_ ix. 131 and 132. + +_ 55 Ib._ 136. + +_ 56 Ib._ 135. + + M30 She must marry the next of kin. + +_ 57 Laws_, 924. + +_ 58 Cf._ Terence, _Phormio_ 125-6. + + Lex est ut orbae, qui sunt genere proxumi, + Eis nubant, et illos ducere cadem haec lex jubet. + + and Diod. Sic. xii. 18: ὁ δὲ ἀγχιστεὺς πλούσιος ὦν ἠναγκάσθη γῆμαι + γυναῖκα πενιχρὰν ἐπίκληρον ἄνευ προικός. + + M31 even though already married. + + 59 Isaeus, iii. 64. + +_ 60 Ordinances_ iii. 11. + + 61 Isaeus, i. 39. + + M32 Similar rules in the laws of Gortyn, + + 62 vii. 15-ix. 24. We may compare this with _Odyssey_ vii. 60 _et seq._ + where Alkinoos marries his _niece_, Arete, the only child and + therefore ἐπίκληρος of his brother Rhexenor. + +_ 63 c. Macart._ 1068 (_Law_) + + 64 (Plut. _Solon_ 21. ἐν τῷ γένει τοῦ τεθηκότος ἔδει τὰ χρήματα + καταμένειν. Plato, _Laws_ 925. A heiress _must_ marry a citizen. In + the Gortyn laws, if any one marry the heiress contrary to law, the + next of kin shall have the property). + + M33 and amongst the Israelites. + M34 The levirate proper not found in Greece. + M35 The widow returned to her guardian. + + 65 Dem. _c._ _Macart_. 1076. Widow only allowed to remain in her + deceased husband’s house on plea of pregnancy and under the + guardianship of the archon. + + Dem. _c._ _Boeot_. 1010. Wife leaves her husband’s house and is + portioned out again by her brothers. + + 66 Cf. _Ord. of Manu_ v. 147-8. “No act is to be done according to + (her) own will by a young girl, a young woman, or even by an old + woman, though in (their own) houses. + + “In her childhood (a girl) should be under the will of her father; + in her youth, of her husband; her husband being dead, of her sons; a + woman should never enjoy her own will.” + + 67 Dem. _c._ _Spoud_. 1029. Father takes away daughter and gives her to + another. + + _Cf._ also Dem. _c._ _Eubulid_. 1311. + + Isaeus, v. 10. By coming into an inheritance from his first cousin, + a man also becomes guardian (ἐπίτροπος καὶ κύριος) of his three + female first cousins, though all married. + + 68 Dem. _pro Phormio._ 953. + + 69 As in Isaeus, ii. 7 and 8. + + 70 ix. 70. &c. + + M36 Marriage of near relations. + + 71 vii. 11 and 12. + + M37 The levirate among the Israelites. + M38 The case of Tamar. + + 72 Gen. xxxviii. 10. + + M39 The case of Ruth. + + 73 Ruth i. 8-12. + + 74 For the meaning of ἀγχιστεύς see below p. 55. + + M40 Dependence on the next of kin. + M41 The son of the heiress must leave his father’s house, + + 75 xi. 49. + + M42 and enter that of the deceased relative + + 76 Isaeus, vii. 31. + +_ 77 c. Macart._ 1077. + + M43 Hence the custom of adoption. + + 78 Dem. _c. Leochar._ 1093. ἐκ τῶν κατὰ γένος ἐγγυτάτω εἰσποιεῖν υἱὸν + τῷ τετελευτηκότι ὅπως ἄν ὁ οἶκος μὴ ἐξερημωθῇ. + + 79 Is. x. 17. + + M44 The introduction of the heir to the kindred. + + 80 Arist. _Pol._ 1, 2, 4 Ἡ κτῆσις μέρος τῆς οἰκίας ἐστί. + + M45 The same for true as for adopted son. + M46 The ceremony at Athens; + + 81 Is. ii. 14. + + 82 Is. vii. 1, 16, 13 and 27. + + 83 Dem. _c. Eubulid._ 1315. + + 84 Is. vi. 25. + + 85 Andoc. _de Myst._ 126. + + 86 Dem. _c. Macart._ 1054 and 1078. + + 87 Dem. _c. Leoch._ 1091. Isaeus iii. 80 and viii. 18. + + M47 and at Gortyn; + + 88 Isaeus ix. 7 (_Astyph._) τελευτήσαντι αὐτῷ καὶ τοῖς ἐκείνου + προγόνοις τά νομιζόμενα ποισει. + + 89 Isaeus vi. 44; ix. 2 and 33; x. 2 and 4. Dem. _c. Leoch._ passim. + _Cf. Manu_, ix. 142. + + 90 Dem. _c. Leoch._ 1094, 1099, and (_lex Solonis_) 1100. + +_ 91 Ib._ 1090. + + M48 and also in India. + + 92 Mayne on _Hindu Law_ (1892), p. 105 and 162. + +_ 93 Op. cit._ p. 141-2 and 189. _Manu_ ix. 142. He offers no cake to + his original ancestors. + + M49 The introduction to the deme. + M50 The custom of tonsure. + +_ 94 Thes._ 5. + + 95 ἀπάρχεσθαι: in Homer to “begin” a sacrifice by offering the _hair_ + of the victim. Later, to “dedicate.” + +_ 96 Il._ ii. 542 ὄπιθεν κομόωντες. + + 97 Herod, iii. 8. The Arabs cut their hair in a ring away from the + temples. + +_ 98 Il._ xxiii. 141-6. + + 99 Paus. i. 37, 3. + +_ 100 Char._ 21. + +_ 101 Deipnosoph._ xi. 88. + +_ 102 Manu_ ii. 65. + +_ 103 Cf._ ii. 38. This was the last year that a Brahman could receive + investiture. + + 104 Isaeus, vi. 10. + +_ 105 Anc. Grk. Inscr._ Brit. Mus. cccxv. cccxvii. and cccxviii. Oath of + mother required before legitimacy registered, in the island of + Kalymna. + +_ 106 Cf._ Aristot. _Ath. Pol._ xlii. + + 107 Isaeus, iii. 75. + +_ 108 Ib._ vi. 47. _Cf._ Deuteronomy xxiii. i. + + M51 Liability for bloodshed rested on a group of kinsmen. + + 109 Robertson Smith, _Kinship, &c. in Arabia_, p. 262. + + 110 Dem. _in Euerg._ and _Mnesib._ 1160. + + 111 Dem. _Macart._ 1069. _Cf._ Deut. xxi. 1-9. + +_ 112 Cf. Od._ iii. 195. + + M52 No ransom for murders within the tribe; + +_ 113 Il._ ix. 63. + ἀφρήτωρ, ἀθέμιστος, ἀνέστιός ἐστιν ἐκεῖνος, + ὅς πολέμου ἔραται ἐπιδημίου ὀκρυόεντος. + + 114 Il. xiii. 695. _Cf._ xv. 335. + +_ 115 Il._ xvi. 572. + +_ 116 Il._ ii. 662. + +_ 117 Cf. Od._ xiii. 259, xiv. 380. + + M53 or between citizen and citizen. + + 118 Quoted in Dem. _c. Aristocrat._ 629. + +_ 119 Laws_ 865 d. + +_ 120 Ib._ 871. Soph. O.C. 407. Oedipus could not be buried on Theban + soil, because he had shed ἔμφυλον αἷμα. + +_ 121 Cf_. Aeschines in _Ctesiph._ 244. + + 122 ix. 17-19. _Cf._ Dem. _c. Pantaen._ 983, 59. + + 123 Plato, _Laws_ 871 D. + + 124 Plato, _Laws_ 871 B. _Cf._868. + +_ 125 Ib._ 872 E. _Cf._ Tacitus, _Germania_, 21. Suscipere tam + inimicitias seu patris seu propinqui quam amicitias necesse est. Nec + implacabiles durant: luitur enim etiam homicidium certo armentorum + ac pecorum numero, _recipitque satisfactionem universa domus_, + utiliter in publicum, quia periculosiores sunt inimicitiae juxta + libertatem. + +_ 126 Ib._ 873 E. + + 127 Herod. i. 44. + + M54 All kinsmen were not equally responsible. + M55 The unity of the οἶκος. + + 128 v. _infra_ p. 90 _et seq._ + +_ 129 c. Leoch._ 1083. + + 130 Dem. _c. Macart._ 1055-6. + + 131 Isaeus, viii. 32. + + M56 Grades of kinship in Western Europe. + M57 The position of the great-grandson, + M58 in Wales, + +_ 132 Venedotian Code_, ii. xii. + + 133 Lady Charlotte Guest’s _Mabinogion_, p. 234. + + M59 and in feudal Normandy. + M60 The custom of _parage_. + + 134 cxxviii-cxxxi. + + M61 Co-heritage in Wales. + +_ 135 Dimetian Code_, ii. xxiii. + + M62 Degrees of relationship in India. + +_ 136 Manu_, ix. 186. + +_ 137 Manu_, iii. 5. + +_ 138 Manu_ v. 60. + + M63 Four generations share in the cake-offering. + M64 Similar grouping of the pourers of the water libation. + +_ 139 Gwentian Code_, ii. viii. + + M65 The οἶκος includes four generations. + + 140 Dem. _c. Makart._ 1076. + + M66 The ἀγχιστεία at Athens. + + 141 Cf. _infra_, tree on p. 62. + + 142 Dem. _c. Makart._ 1055-6. + + 143 Dem. _c. Makart._ 1077. + +_ 144 Id._ 1078 _et seq._ + + M67 The right of succession limited to the great-grandchild of the + common ancestor. + M68 The law according to Isaeus. + + 145 Isaeus, vii. 22, and xi. i. + + 146 Isaeus, xi. 30. + + M69 The law according to Demosthenes. + +_ 147 c. Makart._ 1067. + + 148 In Dem. _c. Leochar._ 1088. ἀνεψιαδοῦς is used to denote the + relationship of a man to the adopted son of his great-uncle, or, as + we should say, first cousin once removed. + + M70 No ἀγχιστεία beyond great-grandsons. + +_ 149 c. Makart._ 1053. + + M71 The heir always ranked as _son_. + + 150 Dem. _c. Makart._ and _c. Leoch._ 1100, &c. + + M72 Hence the limit of the inheritance at cousin’s children. + M73 Disinheritance must be sanctioned by kinsmen. + + 151 The wife’s kin are no kin to her husband, but _are_ to her son. + + 152 Plato, _Laws_, 929 c. Trans. Jowett. + + M74 The case of the estate of Hagnias in Isaeus and Demosthenes. + + 153 Dem. _c. Makart._ 1058. + +_ 154 Id._ 1070. + + 155 Mentioned in Dem. _c. Makart._ 1056. + + M75 Equal division amongst heirs of the same grade. + M76 The share of a dead son taken by his children. + +_ 156 Supra_, p. 56. + + M77 If sons all dead, grandsons probably divided _per capita_, + M78 as in the case of nephews and cousins. + +_ 157 c. Makart._ 1068, _supra_, p. 26. + + M79 Purity of tribal blood jealously guarded. + M80 In Wales, privileges attained in the fourth generation by + intermarriages. + +_ 158 Welsh Laws_, iv. i. and x. vii. Exception is made for the _son of a + stranger chieftain_. + +_ 159 Welsh Laws_, v. ii. and _Vened. Code_, ii. xvi. and elsewhere. + + M81 Otherwise not until the tenth generation. + +_ 160 Welsh Laws_, v. ii. + +_ 161 Welsh Laws_, xiii. ii. + +_ 162 Venedotian Code_, ii. xiv. and _Gwentian Code_, ii. xxx. _Cf._ the + Shunammite’s _cry unto the King_ for restoration of her house and + fields after an absence of seven years. 2 Kings viii. 3. + + M82 The same rule amongst the Israelites. + M83 Shorter time in special cases. + + 163 Gen. xlviii. 5. _Cf._ Pindar, _Ol._ viii. 46. Troy to be subdued by + children of Aeacus in first and fourth generations. + + M84 The privilege of citizenship jealously guarded at Athens. + + 164 Dem. _in Neaer._ 1376. + +_ 165 Anc. Inscrip._ Brit. Mus. ccxxxviii. Citizenship had to be + confirmed on son of foreigner admitted to citizenship. + + M85 Abhorrence of alien blood. + M86 Citizenship only conferred as the highest honour. + M87 Qualification dependent on ancestry and status of family. + +_ 166 Ath. Pol._ lv. 3. + +_ 167 Cf._ Pollux, viii. 85: εἰ Ἀθηναῖοί εἰσιν ἑκατερωθεν ἐκ τριγονίας. + +_ 168 Cf._ Aristot. _Pol._ iii. 2: ὁρίζονται δὲ πρὸς τὴν χρῆσιν πολίτην + τὸν ἔξ ἀμφοτέρων πολιτῶν καὶ μὴ θατέρου μόνον, οἷον πατρὸς ἢ μητρός, + οἳ δὲ καὶ τοῦτ᾽ ἐπὶ πλέον ζητοῦσιν, οἷον ἐπὶ πάππους δύο ἢ τρεῖς ἢ + πλείους. + + M88 Fourth generation acquired new privilege or status. + +_ 169 Oed. Tyr._ 742 and 1063 quoted by Hearn, _Aryan Household_, p. + 206. + + θάρσει; σὺ μὲν γὰρ οὐδ᾽ ἐὰν τρίτης ἐγὼ + μητρὸς φανῶ τρίδουλος, ἐκφανεῖ κακή ... + + _Cf._ Demosth. 1327. πονηρὸς ἐκ τριγονίας. + +_ 170 Handbuch der Griechischen Staatsalterthümer_, von G. Gilbert, ii. + p. 298, quotation from Dittenberger 371, 4 ff.:—(ὁ) πριάμε(νος τ)ὴν + ἱερητείαν τῆς Ἀρτέμιδος τῆς Περ(γα)ίας π(αρ)έξετα(ι ἱ)έρειαν ἀστὴν + ἐξ ἀστῶν ἀμφοτέρων ἐπὶ (τ)ρεῖς γενεὰς γεγενημένην καὶ πρὸς πατρὸς + καὶ πρὸς μητρός. + + 171 Nehemiah vii. 64. + + M89 Seventh generation in the Ordinances of Manu. + +_ 172 Manu_, x. 64. + + M90 All within the ἀγχιστεία were liable. + + 173 Plato’s _Laws_, ix. 871 B. + +_ 174 Cf._ 868. + + 175 872 E. + + 176 878 D. + + M91 The Law of Draco. + + 177 Dem. _c. Makart_, 1069. + + There is some uncertainty in the text of this passage, but the + following is Blass’ reading adopted by Kohler:—προειπεῖν τῷ + κτείναντι ἐν ἀγορᾷ ἐντὸς ἀνεψιότητος καὶ ἀνεψιοῦ συνδίωκειν δὲ καὶ + ἀνεψιοὺς καὶ ἀνεψιῶν παῖδας καὶ ἀνεψιαδοῦς καὶ γαμβροὺς καὶ + πενθέρους καὶ φράτορας. + + I am indebted to Mr. J. W. Headlam for this information, and also + for the fact of the discovery of the confirmatory inscription. + + 178 Dem. _c. Euerg. et Mnesib._ 1161. κελεύει ὁ νόμος τοὺς προσήκοντας + ἐπεξιέναι μέχρι ἀνεψιαδῶν; καὶ ἐν τῷ ὅρκῳ διορίζεται ὅτι προσήκων + ἐστι etc.... _Cf._ Pollux, viii. 118 (obviously quoting this + passage). + + M92 The case of murder within the ἀγχιστεία. + +_ 179 Laws_, 877 c. + +_ 180 Cf._ 2 Sam. xiv. 7. House extinguished for fratricide. + + M93 The blood-fine or galanas in Wales. + +_ 181 Dimetian Code_, ii. i. + +_ 182 Gwentian Code_, ii. viii. _Cf._ Sapinda and Samānodaka: both owe + rites at death of kinsman. Manu, ix. 186, and v. 60, quoted above. + +_ 183 Venedotian Code_, iii. i. + + M94 Defilement rested upon the group of kinsmen. + +_ 184 Inscript. Jurid. Grecques_ par Dareste, &c., 1891, p. 10. + Inscription found at Iulis in Keos. _Fifth century_ B.C. _Cf._ + Numbers xix. 14. + +_ 185 c. Makart._ 1071. + + M95 The mother’s relations included in Greece and in Wales. + +_ 186 Welsh Laws_, vol. i. 229. Cf. _Ord. of Manu_, ix. 201, where list + of those incapable of receiving inheritance includes eunuchs. + + M96 The usual holding of a citizen was called a κλῆρος or “lot.” + + 187 ὁ περὶ τῶν κλήρων καὶ ἐπικλήρων. _Pol. Ath._ 9. + + M97 The relation of ownership of land to the structure of the family. + + 188 Cf. _Cic. de Legibus_ ii. 21. Nam sacra cum pecunia pontificum + auctoritate, nulla lege conjuncta sunt. + + 189 Dem. _in Calliclem_, 13-14. Coulanges, _Problèmes d’Histoire_, p. + 19. + + 190 Arist. _Pol. Ath._ lv. 3; Harpocration, ὅτι δὲ τούτοις μετῆν τῆς + πολιτείας οἷς εἴη Ζεὺς ἑρκεῖος, δεδήλωκε καὶ Ὑπερείδης ... + + 191 In other words, the devisee could not possess the property devised + to him until his place as heir in the succession by blood or + adoption was legally established. + + 192 Isaeus, i. 17. The “friendship” insured that his presence and + officiating at the tomb would be acceptable to the soul of the + deceased—always an important consideration. + + M98 Early semi-pastoral habits. + + 193 Thuc. i. 2. Νεμόμενοί τε τὰ αὑτῶν ἔκαστοι ὅσον ἀποζῇν, καὶ + περιουσίαν χρημάτων οὐκ ἔχοντες οὐδὲ γῆν φυτεύοντες, ἄδηλον ὃν ὁπότε + τις ἐπελθὼν καὶ ἀτειχίστων ἅμα ὄντων ἄλλος ἀφαιρήσεται. + +_ 194 Od._ 21. 16. Cf. _Il._ xi. 682 _sq._ where the booty consists of 50 + herds of kine, 50 flocks of sheep, 50 droves of swine, 50 flocks of + goats, and 150 chestnut mares, many with foals at foot. + +_ 195 Il._ xx. 216-8. + +_ 196 Il._ xxi. 602. Cf. _Od._ iii. 495. + + M99 Modern methods of land-tenure in Greece and the islands. + +_ 197 Consular Reports_, p. 20. + +_ 198 Ibid._ + + M100 Family-holdings in Santa Maura. + + 199 P. 199. + +_ 200 Consular Reports_, pp. 23 and 30. + + M101 The open field system in Greece, + M102 and in the islands. + +_ 201 Ibid._ p. 26. + +_ 202 Ibid._ p. 40. + +_ 203 Ibid._ p. 49. + + M103 The open field system in Homer. + + 204 “The Homeric Land System,” _Journal of Hellenic Studies_, 1885. + + M104 Ownership of the κλῆρος vested in the head of the οἶκος. + + 205 Isaeus, xi. 49 (Hagnias). + + 206 Harp. _s. v._ ἀφ᾽ Ἑστίας μυεῖσθαι; Ἰσαῖος ἐν τῷ πρὸς Καλυδῶνα. ὁ ἀφ᾽ + Ἑστίας μυούμενος Ἀθηναῖος ἦν πάντως. κλήρῳ δὲ λαχὼν ἐμυεῖτο. + + M105 Dependence of other members of the οἶκος. + + 207 Isaeus, vii. 15 and 27, (Apollod.) + + 208 1055 _et seq._ _Cf._ 1149 where one brother lives with his father + after the division, whilst his brother has a house of his own: and + 1086 where two brothers live apart but with undivided estate. + + M106 The prerogative of the eldest brother, + +_ 209 Il._ xv. 187 _sq._ + +_ 210 Ib._ xiii. 355. + +_ 211 Cf._ the use of ἠθεῖος (“revered”) as the stock epithet of the + _eldest_ brother in Homer _Il._ vi. 518, and elsewhere. Pollux, + _On._ 3, 24, states that this is the right use of the word. + + M107 contrasted with the power of the head of the household. + +_ 212 Od._ xiii. 142. + +_ 213 Il._ iv. 59 _sq._ + + Καὶ γὰρ ἐγὼ θεός εἰμι, γένος δὲ μοι ἔνθεν, ὅθεν σοι; + καὶ με πρεσβυτάτην τέκετο Κρόνος ἀγκυλομήτης, + ἀμφότερον, γενεῇ τε καὶ οὕνεκα σὴ παράκοιτις + κέκλημαι; σὺ δὲ πᾶσι μετ᾽ ἀθανάτοισιν ἀνάσσεις. + +_ 214 Od._ i. 397, _cf._ ix. 115. + + 215 xxix. Εἰς Ἑστίαν. + + Ἑστιη, ἣ πάντων ἐν δώμασιν ὑψηλοῖσιν + ἀθανάτων τε θεῶν χαμαὶ ἐρχομένων τ᾽ ἀνθρώπων + ἕδρην ἀίδιον ἔλαχε, πρεσβηίδα τιμὴν, + καλὸν ἔχουσα γέρας καὶ τίμιον; οὐ γὰρ ἄτερ σοῦ + εἰλαπίναι θνητοῖσιν, ἵν᾽ οὐ πρώτῃ πυμάτῃ τε + Ἑστίῃ ἀρχόμενος σπένδει μελιηδέα οἶνον. + + 216 Pol. I. 2, 6. πᾶσα γὰρ οἰκία βασιλεύεται ὑπὸ τοῦ πρεσβυτάτου. _Cf._ + use of πρεσβεύεσθαι in _Aesch. Ag._ 1300, _Choeph._ 486 and 631. + +_ 217 Gortyn Law_, iv. 24, _supra_ p. 47. + + M108 No joint holding between a father and his sons. + + 218 In the island of Tenos, according to an inscription of the second or + third century B.C., the transfer of undivided fractions of houses + and property was of exceedingly common occurrence. Sales are + recorded of a fourth part of a tower and cistern; half a house, + lands, tower, &c. _Inscr. Jurid. Gr._: Dareste, &c. p. 63. + + M109 Confirmatory evidence of the Gortyn Laws. + +_ 219 Gortyn Laws_, iv. 29-31. + + M110 But the land was in theory inalienable from the family. + + 220 Cf. _Ordinances of Manu_, ix. 213-4. “If an eldest (brother), + through avarice, commit an injury against his younger (brothers), he + should be made a not-eldest and _shareless_, and be put under + restraint by kings.” + + “None of the brothers who perform wrong acts _deserve_ (share in) + _the property_, ...” + +_ 221 Laws_, 877 c. + + 222 Lev. xxv. 25; Jerem. xxxii. 8. + + M111 Close analogy in the custom of Gavelkind in Kent. + + 223 Another version runs: + “The fader to the bonde + And the son to the londe.” + + Sandys, _History of Gavelkind_, 1851, pp. 5 and 150. + + M112 Allotment or “gift” to a bastard son. + M113 But he was not admitted to his father’s family. + +_ 224 Od._ xiv. 209. _Cf._ Pindar, _Ol._ ix. 95-100. Bastard prince named + after his mother’s father and given one πόλιν λαόν τε διαιτᾶν. + + 225 Is. vi. 23. + + 226 Cf. _Eur. Ion_ 1541. + + ... τοῦ θεοῦ δὲ λεγόμενος + οὐκ ἔσχες ἄν ποτ᾽ οὔτε παγκλήρους δόμους + οὔτ᾽ ὄνομα πατρός. + + M114 Gifts of land to new citizens. + + 227 See inscriptions quoted in _Mittheilungen Athen._ vol. 9, pt. 1, p. + 60. εὐεργέτῃ γενομενῳ τῆς πόλεως δοῦναι πολιτείαν, κλῆρον ἐν τῷ + πεδίῳ, οἰκίην, κῆπον κυάμων διηκοσίων ἀμφορέων, ἀτέλειαν ... αὐτῷ + καὶ ἐκγόνοις. + + ... δοῦναι ἡμικλήριον δασείης κτήνειον (?) ἐν τῷ πεδίῳ, οἰκίην, + κῆπον κυάμων ἀμφορέων ἑκατὸν, &c. ... αὐτῷ καὶ ἐκγόνοις. + + Cf. _Cauer Delect._ § 221. αὐτοῖ καὶ ἐκγόνοις, καὶ ἔγκτησιν γᾶς καὶ + οἰκίας καὶ ἐπινομίας, &c. ... and § 232. + + _Do._ § 395 (4th cent. B.C.). So many plethra each ἔχειν πατρουέαν + τὸμ πάντα χρόνον. + + _Do._ § 27. The importance of the grant of ἔγκτησις must lie in its + being the evidence of admission to full privilege. _V. infra_, p. + 139. + + M115 Dependence of sons during their father’s life. + + 228 p. 122, note A. + +_ 229 Manu_, ix. 104-106. + + M116 His property divided amongst them at his death. + + 230 iv. 184. “An elder brother is equal to a father.” + + M117 But special respect shown to the eldest son. + + 231 ix. 182. + + 232 iii. 171-2. + + 233 ix. 110 and 213. + + 234 ix. 111. + + M118 The duties of the householder. + + 235 iii. 77 _et seq._ + + 236 vi. 90. + + 237 iii. 67, 70, and 72. + + M119 Honour paid to the guest. + + 238 iii. 108. + +_ 239 Elektra_, 784. + +_ 240 Elektra_, 637. + +_ 241 Od._ viii. 546. ἀντὶ κασιγνήτου ξεῖνός θ᾽ ἱκέτης τε τέτυκται ἀνέρι, + ὅς τ᾽ ὀλίγον περ ἐπιψαύῃ πραπίδεσσιν. + +_ 242 Od._ iii. 30-80. + + M120 Right of maintenance of the younger members of the family. + +_ 243 Cf. Manu_, ix. 163. “The son of the body is the one and only lord + of the paternal wealth: but to do the others no harm he should + afford (them something) to support life.” + +_ 244 Manu_, ix. 115. + + 245 ix. 214. + + 246 ix. 118. + + 247 ix. 47. + + 248 ix. 210. + + 249 ix. 209. + + 250 ix. 208. Though viii. 416 states the contrary. “A wife, _son_, and + slave are said to be without property: whatever property they + acquire is his to whom they (belong).” + + 251 ix. 207. + + M121 The βασιλεύς and his τέμενος contrasted with the tribesman and his + κλῆρος. + +_ 252 Il._ xx. 165. + + M122 The possessions of the βασιλεύς. + +_ 253 Od._ xiv. 96. + +_ 254 Il._ vi. 194. + +_ 255 Il._ ix. 574; _cf._ xx. 184. + +_ 256 Il._ xiv. 121. + + 257 Or “belonging to a _basileus_.” + + 258 Cf. _Il._ xi. 67. “As when reapers over against each other drive + their swaths through the ploughland of a rich man of wheat and + barley, and thick fall the handfuls”... + + This contrast is drawn by Professor Ridgeway: _op. cit._ p. 19 + _Journal of Hellenic Studies_, 1885. + + M123 The κλῆρος of the tribesman probably in the open fields in the + plain. + +_ 259 Il._ xviii. 541. + +_ 260 Il._ xxi. 602. + + 261 Ridgeway, _op. cit._ + + 262 Plato, _Laws_, 842. E. Διὸς ὁρίου πρῶτος νόμος ὅδε εἰρήσθω; μὴ + κινείτω γῆς ὅρια μηδεὶς ... νομίσας τὸ τἀκίνητα κινεῖν τοῦτο εἶναι + ... καταφρονήσας δὲ, διτταῖς δίκαις ἔνοχος ἔστω, μιᾷ μὲν παρὰ θεῶν, + δευτέρᾳ δὲ ὑπὸ νόμου. + +_ 263 Il._ xi. 558. + +_ 264 Il._ xii. 421; _v._ Ridgeway, _op. cit._ + + 265 Isaeus, ix. 17-19. + + 266 πίονες ἀγροί. _Il._ xxiii. 832. _v._ Ridgeway, _op. cit._ p. 16. + + M124 The βασιλεύς “honoured like a god with gift of a τέμενος.” + +_ 267 Il._ xii. 313. Cf. _Il._ ix. 297. A good king also has power over + the crops, etc., to bring plenty. See _Od._ xix. 110-5. Frazer, + Golden Bough, i. 8 _et seq._ + +_ 268 Il._ vi. 191. + +_ 269 Il._ xii. 313. καὶ τέμενος νεμόμεσθα μέγα (_not_ τεμένεα). + +_ 270 Od._ vi. 291-3. Xenophon states that choice portions of land in the + territory of many neighbouring towns were set apart for the king of + Sparta. _Rep. Laced._ xv. 3. + +_ 271 Od._ xi. 184. + + M125 The τέμενος descended from father to son. + +_ 272 Il._ xx. 391, ὅθι τοι τέμενος πατρώιόν ἐστιν. + + 273 τὸ τοῦ πατρὸς καὶ ἀπὸ προγόνων. + + 274 Vide _Il._ ii. 46 and 101-8. Agamemnon’s σκῆπτρον πατρῴιον had been + handed down to him in succession from Thyestes, Atreus, Pelops, + Hermes, and Zeus, for whom it had been made by Hephaistos. + +_ 275 Od._ i. 386. Cf. _Od._ ii. 22. δύο δ᾽ αἰὲν ἔχον πατρώια ἔργα. + + Cf. _Od._ i. 407. ποῦ δέ νύ οἱ γενεὴ καὶ πατρὶς ἄρουρα? + + Cf. _Od._ xi. 185. Telemachos νέμεται τεμένεα of Odysseus. + + Cf. _Od._ xx. 336. πατρώια πάντα νέμηαι. + + M126 Iason’s claim upon his great-grandfather’s estate. + + 276 Pindar, _Pyth._ iv. 255 _et seq._ + + M127 Rich tribesman might hold several κλῆροι. + +_ 277 Od._ xiv. 211. + + 278 Cf. _Il._ xii. 421. περὶ ἴσης. + + M128 The κλῆρος was the holding of the head of an οἶκος. + +_ 279 Od._ xiv. 62. + +_ 280 Od._ xiv. 211. + + 281 Wks. and Dys. 405. The next line which explains that the woman is to + be slave and _not_ a wife is evidently a later addition. Aristotle + did not know it, and interpreted γυνη as wife. + +_ 282 Pol._ i. 2, 5-7. + + 283 I am indebted to Professor Ridgeway for the right meaning and + derivation of this word, which stands for ὁμόκηποι, having the α + long and not short as stated in Liddell and Scott’s Dictionary. + Another reading is ὁμόκαπνοι which would mean sharers of the smoke + or hearth. + + 284 Pindar, _Nem._ ix. 11. + + M129 and supplied the maintenance the house. + +_ 285 Œcon._ i. 2. μέρη δὲ οἰκίας ἄνθρωπός τε καὶ κτῆσίς ἐστιν. Pol. i. + 4, 1. ἡ κτῆσις μέρος τῆς οἰκίας ἐστί. + +_ 286 Od._ iv. 318. + +_ 287 Od._ xiv. 158; xvii. 155; xx 230. ἴστω νῦν Ζεὺς πρῶτα θεῶν ξενίν τε + τράπεζα ἱστίν τ᾽ Ὀδυσῆος ἀμύμονος, ἥν ἀφικάνω. + + M130 Force of the bond of food. + +_ 288 Il._ vi. 230. + + M131 The need of an established household strongly felt. + +_ 289 Il._ xv. 497. + + 290 p. 75. Mr. Leaf mentions other countries where the father takes a + new name as father of his eldest son. + +_ 291 Od._ iv. 754-7 + + οὐ γὰρ ὀίω + πάγχυ θεοῖς μακάρεσσι γονὴν Ἀρκεισιάδαο + ἔχθεσθ᾽, ἀλλ᾽ ἔτι πού τις ἐπέσσεται, ὅς κεν ἔχῃσιν + δώματα θ᾽ ὑψερεφέα καὶ ἀπόπροθι πίονας ἀγρούς. + + “Far away” implies width of sway and extent of influence; and the + protection of outlying properties would necessitate a great name and + a strong hand. + + M132 Diversion of inheritance by death of heir a sore evil. + +_ 292 Il._ v. 151 _et seq._ + +_ 293 Od._ vii. 150. + +_ 294 Od._ xi. 184. _Cf._ xx. 336. ὄφρα σὺ μὲν (= Telemachos) χαίρων + πατρώια πάντα νέμηαι. + + M133 Naboth’s vineyard bound to his family and heir. + + 295 1 Kings xxi 3. + + 296 Ezekiel xlvi. 16. + + M134 The maintenance of the chiefs levied upon the people under the name + of gifts. + +_ 297 Od._ i. 392. + + 298 βασιλεύς in Homer means “prince” and is applied to a class, not a + single chieftain. _Il._ xii. 319 of Sarpedon and Glaukos. _Il._ iv. + 96 of Paris. _Od._ i. 394 of the Ithakans. _Od._ viii. 41 and 390 of + the Phaeakians. _Cf._ + +_ 299 Il._ xvii. 250. + +_ 300 Il._ xxiv. 262. + +_ 301 Od._ ii. 74. + +_ 302 Od._ xiii. 13. + +_ 303 Od_. xix. 195. + + M135 The right to receive such “gifts” could be transferred to another. + +_ 304 Il._ ix. 291. Cf. _Il._ ix. 483. Peleus enriched Phoinix, and gave + him much people (πολὺν λαόν) to be ἄναξ over. + +_ 305 Od._ iv. 174. + + M136 In India the chief of a town might receive the king’s supplies. + +_ 306 Manu_, vii. 118. + + 307 vii. 123. + + M137 The maintenance of the Great King, + + 308 Herod, i. 192. + +_ 309 Ibid._ + + M138 and of Solomon. + + 310 1 Kings iv. 7-27. One of these officers was over “threescore great + cities with walls and brazen bars.” + + M139 Revenue from land in ancient Egypt. + + 311 Herod. ii. 109. + + 312 Genes. xlvii. 26. + + M140 Grants of land to the prince easily made, in their elastic system of + agriculture. + + 313 Pind. _Nem._ vi. 11 (Trans. Myers), _cf._ Ridgeway, _op. cit._ p. + 20. + + M141 Such grants were a special honour, and served to relieve other + contributions. + + 314 Ezekiel xlv. 8, 9. + + 315 Ez. xlvi. 18. + +_ 316 Od._ xxiv. 207. + + M142 Modern specimens of the elasticity of Greek methods. + + 317 Mahaffy, _Rambles in Greece_, 3rd ed. p. 200. + + 318 Rennell Rodd’s _Customs and Lore of Modern Greece_, p. 58. + + M143 The gifts to the prince not actually food-rents for the land. + M144 The chief’s land apart from the tribesmen’s. + +_ 319 Od._ vi. 293. + +_ 320 Ib._ 259. + + M145 The land sustained the householder in his duties to other members + and guests. + M146 The chief had the right to demand gifts from the people; + M147 he had tribal right to a τέμενος, as the tribesman to a κλῆρος, + M148 but could not deprive the tribesman of his land. + + 321 The κλῆρος is spoken of as capable of good cultivation by means of a + yoke of oxen. + + M149 Hesiod an immigrant: not a typical case of a family. + +_ 322 Works and Days_ 637. Possession of land would presuppose admission + to full civic rights. _V. supra_, p. 97. + +_ 323 Il._ ix. 648; xvi. 59. + +_ 324 W. and D._ 345 &c. γείτονες ἄζωστοι ἔκιον, ζώσαντο δὲ πηοί. + + M150 Land was in theory inalienable from the family. + + 325 Arist. _Pol._ VIII. ii. 5. ἦν δὲ τό γε ἀρχαῖον ἐν πολλαῖς πόλεσι + νενομοθετημένον μηδὲ πωλεῖν ἐχεῖναι τοὺς πρώτους κλήρους; ἔστι δὲ + καὶ ὅν λέγουσι Ὀξύλου νόμον εἶναι τοιοῦτόν τι δυνάμενος, τὸ μὴ + δανείζειν εἴς τι μέρος τῆς ὑπαρχούσης ἑκάστῳ γῆς. Cf. _Id._ iv. 4 + ὥσπερ ἐν Λοκροῖς νόμος ἐστὶ μὴ πωλεῖν.... ἔτι δὲ τοὺς παλαιοὺς + κλήρους διασῴζειν. + +_ 326 Laws_ 741. + +_ 327 Laws_ 923. + + M151 In Sparta child must be accepted by its father’s tribesmen, + +_ 328 Lycurg._ xvi. + + 329 Suidas; and Harpocration _s.v._ ἀμφιδρόμια:—Λυσίας ἐν τῷ περὶ τῆς + ἀμβλώσεωσ, εἰ γνήσιος ὁ λόγος. ἡμέρα τις ἤγετο ἐπὶ τοῖς νεογνοῖς + παιδίοις, ἐν ᾗ τὸ βρέφος περὶ τὴν ἑστίαν ἔφερον τρέχοντες, καὶ ὑπὸ + τῶν οἰκείων καὶ φίλων πουλύποδας καὶ σηπίας ἐλάμβανον. Octopus is + still a staple article of food on the shores of the Mediterranean. + + M152 who decided as to its maintenance. + +_ 330 Nouvelles Recherches_, 1891, p. 63. + + M153 Maintenance derived from the κλῆρος. + M154 The family bound to their land at Athens; + + 331 Arist. _Pol. Ath._ 2 and 5. + + M155 and in Lokris. + + 332 Dareste, &c, _Recueil des Inscr. Jurid. Gr._ xi. + + M156 But heirs at Athens also must first be accepted by group of kinsmen. + + 333 Isaeus, iii. 60 and 42; vi. 48. + + 334 Isaeus, iii. 73 and 80. + + M157 Further application of the idea of family land. + M158 Two methods of occupation of land: (1) by owner himself; (2) by + subject population. + + 335 Cf. _Thuc._ ii. 16 for Attica. Such are the numerous small farmers + who appear in the plays of Aristophanes. + +_ 336 Athen._ vi. 85. Βοιωτῶν (φησὶν Ἀρχέμαχος) τῶν τὴν Ἀρναίαν + κατοικισάντων οἱ μὴ ἀπάραντες εἰς τὴν Βοιωτίαν, ἀλλ᾽ + ἐμφιλοχωρήσαντες παρέδωκαν ἑαυτοὺς τοῖς Θετταλοῖς δουλεύειν καθ᾽ + ὁμολογίας, ἐφ᾽ ῴ οὔτε ἐξάξουσιν αὐτοὺς ἐκ τῆς χώρας οὔτε + ἀποκτενοῦσιν, αὐτοὶ δὲ τὴν χώραν αὐτοῖς ἐργαζόμενοι τὰς συντάξεις + ἀποδώσουσιν. _Cf._ Strabo, xii. 3, 4. + + M159 At Gortyn on extinction of citizen-family the κλαρῶται inherited. + + 337 Gortyn. v. 25. αἱ δὲ μὴ εἶεν ἐπιβάλλοντες τᾶς ϝοικίας οἵτινες κ᾽ + ἴωντι ὁ κλᾶρος, τούτονς ἔκεν τὰ κρήματα. The words τᾶς ϝοικίας + should be taken with οἵτινες, &c, rather than with the preceding + words. οἵτινες κ᾽ ἴωντι ὁ κλᾶρος is equivalent to οἱ κλαρῶται. + + See Dareste, &c, _Inscript. Jurid. Gr._ p. 463. + + M160 Similar twofold tenure in the Athenian κληρουχίαι. + M161 Examples in Salamis, + +_ 338 Mittheil. Inst. Ath._ ix. p. 117. The original number of κληροῦχοι + in this case was apparently five hundred. + + M162 in Lesbos, + + 339 Thuc. iii. 50. + + 340 κατεκληρούχησαν. + + 341 ἐμίσθωσαν. + + 342 Aelian, _V. II._ vi. I. _Cf._ Herod, v. 77 and vi. 100. + + M163 Each κλῆρος therefore supported two families. + + 343 Smith’s _Dicty. of Antiquities_, s.v. _colonia_. + + 344 Bekker, _Charicles_, p. 218. + + 345 Ridgeway, _Origin of Currency_, &c., p. 324. + + 346 The ordinary Athenian dicast is supposed to have subsisted largely + upon his pay of three obols or a half-drachma _per diem_. + + M164 The same double ownership in leases “for ever.” + + 347 Dareste, &c, _Recueil Inscr. Grec._ p. 256 xiii. + + 348 Cauer, _Delectus_, § 263. + + Συνθέκα[ι] Θέρον[ι κ]αἰχμάνορι πὰρ τᾶρ γᾶρ τᾶρ ἐν Σαλαμόναι, πλέθρον + ὀπτὸ καὶ δέκα. Φάρεν κριθᾶν μανασίος δύο ταὶ ϝίκατι Ἀλφιόιο μενόρ; + αἰ δὲ λίποι, λυσάστο τό διφυίο. Πεπάστο τόν πάντα χρόνον. + + 349 Dareste, &c, _Inscr. Jurid. Grec._ xiii. quater. (Mylasa in Karia. + Second century B.C.) _summarised:_— + + A. The tribe (φυλή) of the Otorkondeis at the advice of their + treasurers and led by the priest of Artemis, decide to purchase from + Thraseas, son of Polites son of Melas of Grab ... and adopted son of + Heracleitos son of Heracleides of Ogonda, lands (γέας) in the Ombian + plain with the sixty-two ranks of vines, three olive trees, and all + the other trees without reserve, also lands elsewhere with the trees + without reserve for 5,000 drachmae of light Rhodian silver, provided + that Thraseas has the sale registered with sureties. Moreover, + Thraseas coming to the ekklesia declared that he was ready to manage + these things: and the sale having taken place of the said + (properties) to the trustees in the name of the god. Thraseas + himself then and there took on lease all the said (properties) from + the treasurers of the tribe: and he shall hold them (εἰς πατρικά) + for his patrimony, himself and his issue or those to whomsoever the + inheritance of his goods passes, and he shall pay annually to the + treasurers of the tribe 100 and ... drachmae, without fail or fraud. + + B. ... all the land and trees which Thraseas has bought from + Artemisia, daughter of Hekataios of Ketambissos, without exception + in these places either in the matter of the share he took in the + division with his brother or of what he bought from Artemisia, all + for 7,000 drachmae of light silver of Rhodes, provided that Thraseas + register the sale and give sureties. And coming before the ekklesia + Thraseas declared that he was prepared to manage this; and the sale + of the foregoing having taken place to the trustees in the name of + the god, Thraseas himself then and there took on lease all the + foregoing from the treasurers of the tribe: and he shall hold them + (εἰς πατρικά) for his patrimony, himself and his issue or those to + whom the inheritance passes, and he shall pay annually to the + treasurers of the tribe 300 drachmae. + + The rent forms part of the revenues of the god. If Thraseas gets + more than two years in arrear, the contract is annulled. + + He shall not divide the land or share the rent (οὐ παραχωρήσει δὲ + Θρασέας ἑτέρῳ οὐδενὶ.... καταμερίζων τὰς γέας οὐδὲ καταδιελεῖ τὸν + φόρον). + + M165 Perhaps due to the prevailing idea of the family as a continuing + unit. + M166 No final word can yet be said. + M167 Explanation of the structure of the kindred to be found in the + descent of city life from earlier stage of tribal society. + M168 Similarity between the bond of tribal blood and that of citizenship. + M169 The threefold bond:— + M170 (1) the bond of blood; + M171 (2) the bond of religion; + M172 (3) the bond of maintenance. + + 350 Robertson Smith (_The Religion of the Semites_) holds that the + object of sacrifice was thus to maintain this imaginary kinship + between the deity and the worshippers. + + M173 Many tribal customs survived in the kindred and the household. + M174 But these survivals mostly found in post-Homeric records. + M175 They perhaps belonged to the pre-Achaian inhabitants of Greece. + +_ 351 Companion to the Iliad_, pp. 6-7. + + 352 Since the foregoing chapters were in print, I have had the benefit + of seeing Herr Erwin Rohde’s admirable work, entitled _Psyche_ + (Freiburg and Leipsig, 1894). His view is that the worship of Heroes + had the complete form of ancestor-worship: that, ancestors being + buried at the hearth, or in the family tomb on private ground, death + made no break in the membership of the family. And he claims that + the _Seelencult_ or ancestor-worship of the later Greeks must have + been continuous from pre-Homeric times. + + M176 But many were probably of wider parentage. + M177 Comparison with the history of the Jews. + M178 Reaction in times of distress to earlier tribal habits by the Jews, + and perhaps by the Achaians. + M179 These tribal habits probably only dormant throughout and common to + all Greeks, + M180 if not practically even to all tribal systems. + + + + + +***END OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** + + + +CREDITS + + +August 18, 2008 + + Project Gutenberg TEI edition 1 + Produced by Frank van Drogen, David King, and the Online + Distributed Proofreading Team at <http://www.pgdp.net/>. 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\ No newline at end of file diff --git a/26341-0.zip b/26341-0.zip Binary files differnew file mode 100644 index 0000000..594dc99 --- /dev/null +++ b/26341-0.zip diff --git a/26341-8.txt b/26341-8.txt new file mode 100644 index 0000000..9c56d27 --- /dev/null +++ b/26341-8.txt @@ -0,0 +1,6337 @@ +The Project Gutenberg EBook of On The Structure of Greek Tribal Society: +An Essay by Hugh E. Seebohm + + + +This eBook is for the use of anyone anywhere at no cost and with almost no +restrictions whatsoever. You may copy it, give it away or re-use it under +the terms of the Project Gutenberg License included with this eBook or +online at http://www.gutenberg.org/license + + + +Title: On The Structure of Greek Tribal Society: An Essay + +Author: Hugh E. Seebohm + +Release Date: August 18, 2008 [Ebook #26341] + +Language: English + +Character set encoding: ISO 8859-1 + + +***START OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** + + + + + + ON THE STRUCTURE + + OF + + GREEK TRIBAL SOCIETY + + AN ESSAY + + by + + Hugh E. Seebohm + + London + + MacMillan And Co. + + And New York + + 1895. + + + + + +CONTENTS + + +Preface +Chapter I. Introductory. +Chapter II. The Meaning Of The Bond Of Kinship. + 1. The Duty Of Maintenance Of Parents During Life, And After Death At + Their Tomb. + 2. The Duty Of Providing Male Succession. + 3. The Position Of The Widow Without Child And The Duties Of An Only + Daughter. + 4. Succession Through A Married Daughter: Growth Of Adoption: + Introduction Of New Member To Kinsmen. + 5. The Liability For Bloodshed. +Chapter III. The Extent Of The Bond Of Kinship. + 1. Degrees Of Blood-Relationship; The {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + 2. Limitations In Respect Of Succession Outside The Direct Line Of + Descent. + 3. Division Amongst Heirs. + 4. Qualifications For The Recognition Of Tribal Blood. + 5. Limitations Of Liability For Bloodshed. +Chapter IV. The Relation Of The Family To The Land. + 1. The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And Its Form. + 2. The Relation Of The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} To The {~GREEK CAPITAL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 3. The Householder In India: The Guest. + 4. Tenure Of Land In Homer: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 5. Early Evidence _continued_: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 6. Early Evidence _continued_: The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The + Chieftain. + 7. Summary Of The Early Evidence. + 8. Hesiod And His {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 9. Survivals Of Family Land In Later Times. + 10. The Idea Of Family Land Applied Also To Leasehold And + Semi-Servile Tenure. +Chapter V. Conclusion. +Index. +Footnotes + + + + + + +PREFACE + + +These notes, brief as they are, owe more than can be told to my father's +researches into the structure and methods of the Tribal System. They owe +their existence to his inspiration and encouragement. A suitable place for +them might possibly be found in an Appendix to his recently published +volume on the Structure of the Tribal System in Wales. + +In ascribing to the structure of Athenian Society a direct parentage +amongst tribal institutions, I am dealing with a subject which I feel to +be open to considerable criticism. And I am anxious that the matters +considered in this essay should be judged on their own merits, even +though, in pursuing the method adopted herein, I may have quite +inadequately laid the case before the reader. + +My thanks are due, for their ready help, to Professor W. Ridgeway, Mr. +James W. Headlam, and Mr. Henry Lee Warner, by means of whose kind +suggestions the following pages have been weeded of several of their +faults. + +It is impossible to say how much I have consciously or unconsciously +absorbed from the works of the late M. Fustel de Coulanges. His _La Cit +Antique_ and his _Nouvelles Recherches sur quelques Problmes d'Histoire_ +(1891) are stores of suggestive material for the student of Greek and +Roman customs. They are rendered all the more instructive by the charm of +his style and method. I have merely dipped a bucket into his well. + +In quoting from Homer, I have made free use of the translations of Messrs. +Lang, Leaf, and Myers of the _Iliad_, and of Messrs. Butcher and Lang of +the _Odyssey_; and I wish to make full acknowledgment here of the debt +that I owe to them. + +Some explanation seems to be needful of the method pursued in this essay +with regard to the comparison of Greek customs with those of other +countries. The selection for comparison has been entirely arbitrary. + +Wales has been chosen to bear the brunt of illustration, partly, as I have +said, because of my father's work on the Welsh Tribal System, partly +because the _Ancient Laws of Wales_ afford a peculiarly vivid glimpse into +the inner organisation of a tribal people, such as cannot be obtained +elsewhere. + +The _Ordinances of Manu_, on the other hand, are constantly quoted by +writers on Greek institutions; and, I suppose, in spite of the uncertainty +of their date, they can be taken as affording a very fair account of the +customs of a highly developed Eastern people. It would be hard, moreover, +to say where the connection of the Greeks with the East began or ended. + +The use made of the _Old Testament_ in these notes hardly needs further +remark. Of no people, in their true tribal condition before their +settlement, have we a more graphic account than of the Israelites. Their +proximity geographically to the Phoenicians, and the accounts of the +widespread fame of Solomon and the range of his commerce, at once suggest +comparison with the parallel and contemporaneous period of Achaian +history, immediately preceding the Dorian invasion, when, if we may trust +the accounts of Homer, the intercourse between the shores of the +Mediterranean must have been considerable. + +All reference to records of Roman customs has been omitted, not because +they are not related or analogous to the Greek, but because they could not +reasonably be brought within the scope of this essay. The ancestor-worship +among the Romans was so complete, and the organisation of their kindreds +so highly developed, that they deserve treatment on their own basis, and +are sufficient to form the subject of a separate volume. + +H. E. S. + +THE HERMITAGE, HITCHIN. +_July, 1895._ + +[Transcriber's Note: This e-book contains much Greek text which is often +relevant to the point of the book. In the ASCII versions of the e-book, +the Greek is transliterated into Roman letters, which do not perfectly +represent the Greek original; especially, accent and breathing marks do +not transliterate. The HTML and PDF versions contain the true Greek text +of the original book. In the ASCII e-book, the markings such as (M1) +indicate marginal notes, which were printed in the margins of the original +book, but in the e-book are transcribed at the end with the footnotes.] + + + + + +CHAPTER I. INTRODUCTORY. + + +(M1) In trying to ascertain the course of social development among the +Greeks, the inquirer is met by an initial difficulty. The Greeks were not +one great people like the Israelites, migrating into and settling in a new +country, flowing with milk and honey. Their movements were erratic and +various, and took place at very different times. Several partial +migrations are described in Homer, and others are referred to as having +taken place only a few generations back. The continuation of unsettled +life must have had the effect of giving cohesion to the individual +sections into which the Greeks were divided, in proportion as the process +of settlement was protracted and difficult. + +But in spite of divergencies caused by natural surroundings, by the +hostility or subservience of previous occupants of the soil, there are +some features of the tribal system, wherever it is examined, so inherent +in its structure as to seem almost indelible. A new civilisation was not +formed to fit into the angles of city walls. Even modification could take +place only of those customs whose roots did not strike too deeply into the +essence of the composition of tribal society. + +(M2) It is the object of these notes to try to put back in their true +setting some of the conditions prevailing, sometimes incongruously with +city life, among the Greeks in historical times, and by comparison with +analogous survivals in known tribal communities, of whose condition we +have fuller records, to establish their real historical continuity from an +earlier stage of habit and belief. + +(M3) There were three important public places necessary to every Greek +community and symbolical to the Greek mind of the very foundations of +their institutions. These were:--the _Agora_ or place of assembly, the +place of justice, and the place of religious sacrifice. From these three +sacred precincts the man who stirred up civil strife, who was at war with +his own people, cut himself off. Such an one is described in Homer as +being, by his very act, "clanless" ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}), "out-law" ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), and +"hearthless" ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}).(1) In the camp of the Greeks before Troy the +ships and huts of his followers were congregated by the hut of their chief +or leader. Each sacrificed or poured libation to his favourite or familiar +god at his own hut door.(2) But in front of Odysseus' ships, which, we are +told, were drawn up at the very centre of the camp, stood the great altar +of Zeus Panomphaios--lord of _all_ oracles--"exceeding fair."(3) "Here," +says the poet, "were _Agora_, _Themis_, and the altars of the gods." + +The Trojans held _agora_ at Priam's doors,(4) and it is noticeable that +the space in front of the chief's hut or palace was generally considered +available for such purposes as assembly, games, and so forth, just as it +was with the ancient Irish. + +(M4) In the centre of most towns of Greece(5) stood the Prytaneum or +magistrates' hall, and in the Prytaneum was the sacred hearth to which +attached such reverence that in the most solemn oaths the name of Hestia +was invoked even before that of Zeus.(6) Thucydides states that each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~} +or village of Attica had its hearth or Prytaneum of its own, but looked up +to the Hestia and Prytaneum in the city of Athens as the great centre of +their larger polity. In just the same way the lesser kindreds of a tribe +would have their sacred hearths and rites, but would look to the hearth +and person of their chief as symbolical of their tribal unity. Thucydides +also mentions how great a wrench it seemed to the Athenians to be +compelled to leave their "sacred" homes, to take refuge within the walls +of Athens from the impending invasion by the Spartans.(7) + +The word _Prytanis_ means "chieftain." It is probable that, as the duties +sacred and magisterial of the chief became disseminated among the other +officers of later civilisation, the chief's dwelling, called the +Prytaneum, acquiring vitality from the indelible superstition attaching to +the hearth within its precincts, maintained thereby its political +importance, when nothing but certain religious functions remained to its +lord and master in the office of Archon Basileus. + +(M5) Mr. Frazer, in his article in the _Journal of Philology_(8) upon the +resemblance of the Prytaneum in Greece to the Temple of Vesta in Rome, +shows that both had a direct connection with, if not an absolute origin in +the domestic hearth of the chieftain. The Lares and Penates worshipped in +the Temple of Vesta, he says, were originally the Lares and Penates of the +king, and were worshipped at his hearth, the only difference between the +hearth in the temple and the hearth in the king's house being the absence +of the royal householder.(9) + +Mr. Frazer also maintains that the reverence for the hearth and the +concentration of such reverence on the hearth of the chieftain was the +result of the difficulty of kindling a fire from rubbing sticks together, +and of the responsibility thus devolving upon the chieftain unfailingly to +provide fire for his people. Whether this was the origin or not, before +the times that come within the scope of this inquiry, the hearth had +acquired a real sanctity which had become involved in the larger idea of +it as the centre of a kindred, including on occasion the mysterious +presence also of long dead ancestors. + +(M6) The basis of tribal coherence was community of blood, actual or +supposed; the visible evidence of the possession of tribal blood was the +undisputed participation, as _one of a kindred_, in the common religious +ceremonies, from which the blood-polluted and the stranger-in-blood were +so strictly shut out.(10) It is therefore in the incidence of religious +duties, and in the qualifications of the participants, that it is +reasonable to seek survivals of true tribal sentiment. + +Although the religious life of the Greeks was always complex, there is not +to be found in Homer the broad distinction drawn afterwards between public +and private gods. It is noticeable that the later Greeks sought to draw +into their homes the beneficent influence of one or other of the greater +gods, whose protection and guidance were claimed in times of need by all +members of the household. Secondary influences, though none the less +strongly felt, were those of the past heroes of the house, sometimes only +just dead, to be propitiated at the family tombs or hearth. Anxiety on +this head, and the deeply-rooted belief in the real need to the dead of +attentions from the living, were, it will be seen, most powerful factors +in the development of Greek society. + +(M7) The worship of ancestors or household gods as such is not evident in +the visible religious exercises of the Homeric poems. But this can hardly +be a matter of surprise. The Greek chieftains mentioned in the poems are +so nearly descended from the gods themselves, are in such immediate +relation each with his guardian deity, and are so indefatigable in their +attentions thereto, that it would surely be extremely irrelevant if any of +the libations or hecatombs were perverted to any intermediate, however +heroic, ancestor from the all-powerful and ever ready divinity who was so +often also himself the boasted founder of the family.(11) + +(M8) The libations and hecatombs themselves, however, seem to serve much +the same purpose as the offerings to the _manes_ or household gods, and +relieved the luxurious craving for sustenance in the immortals, left +unsatisfied by their ethereal diet of nectar and ambrosia.(12) + +(M9) Yet it is strange that if libations and sacrifices were paid to the +dead _periodically_ at their tombs, no mention of the occurrence is to be +found in Homer. That the dead were believed to appreciate such attentions +may be gathered from the directions given by Circe to Odysseus. + + + "Then pour a drink-offering to all the dead, first with mead + ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}), and thereafter with sweet wine, and for the third + time with water, and sprinkle white meal thereon.... and promise + thou wilt offer _in thy halls_(13) a barren heifer, the best thou + hast, and fill the pyre with treasure, and wilt sacrifice apart to + Teiresias alone a black sheep without spot, the fairest of your + flock." + + +(M10) This done, the ghosts flock up to drink of the blood of the victim. +But the ghost of Elpenor, who met his death at the house of Circe by +falling from the roof in his drunken haste to join his already departed +comrades, and who had therefore received no burial at their hands, demands +no libations or sacrifices for the refreshment of his thirsty soul, but +merely burial with tears and a barrow upon the shore of the gray sea, that +his name may be remembered by men to come. + +Nestor's son elsewhere is made to remark that one must not grudge the dead +their meed of tears; for the times are so out of joint, "this is now the +only due we pay to miserable men, to cut the hair and let the tear fall +from the cheek."(14) + +Is the right conclusion then that the Homeric Greeks did not sacrifice at +the tombs of their fathers, and that the so-called ancestor-worship +prevalent later was introduced or revived under their successors? Or is it +that the aristocratic tone of the poet did not permit him to bear witness +to the intercourse with any deity besides the one great family of Olympic +gods, less venerable than a river or other personification of nature?(15) + +There exists such close family relationship amongst Homer's gods, extended +as it is also to most of his chieftains, that taking into account the +conspicuous reverence displayed towards the hearth and the respect for +seniority in age, it may perhaps be justifiable to suppose that domestic +religious observances, other than those directed to the Olympic gods, were +thought by the poet to be as much beneath his notice as the swarms of +common tribesmen who shrink and shudder in the background of the poems. + +(M11) Ancestor-worship would be as much out of place in the Old Testament; +and yet there are references in the Bible to offerings to the dead which, +unless they are held to refer only to importations from outside religions +and not to relapses in the Israelites themselves to former superstitions +of their own people, imply that the great tribal religion of the +Israelites had superseded pre-existing ceremonies of ancestor-worship. + + + Deut. xxvi. 13. "And thou shalt say before the Lord thy God, I + have brought away the hallowed things out of mine house, and also + have given them unto the Levite and the stranger, to the + fatherless and to the widow, according to all thy commandments + which thou hast commanded me: I have not transgressed thy + commandments, neither have I forgotten them: I have not eaten + thereof in my mourning, neither have I taken away ought thereof + for any unclean use, nor _given ought thereof for the dead_." + + +The transgressions of the Israelites in the wilderness are described in +the Psalms:--"They joined themselves also unto Baalpeor and _ate the +sacrifices of the dead_."(16) + +It was not necessary for an ancestor to become a god to be worthy of +worship, or to need the attentions of the living. If he was thought to +haunt tomb or hearth, and to keep his connection thus with his family in +the upper world, he required nourishment on his visits. He was also +considered to keep a jealous watch on the continuance of his fair fame +among the living. + +(M12) A close resemblance in this point lies between the Homeric poems and +the Old Testament. Though actual food and drink is not provided for the +dead, yet the stress laid on the permanence of the family, _lest the name +of the dead be cut off from his place_, is quite in keeping with the +request of Elpenor to Odysseus to insure the continuance of his name in +the memory of living men. + +It is quite possible that, as the story of the interview of Odysseus with +the dead reveals that the idea of the dead enjoying sacrifices of food and +drink was familiar at that time, even though the periodical supply of such +is not mentioned, so the existence of Laban's household gods and the +gathering of the kindred of Jesse to their family ceremony(17) may bear +witness to the presence of a survival of ancestor-worship in some +equivalent form, underlying the all-absorbing religion of the Israelites. +At this day the spirits of Abraham, Isaac, and Jacob are considered by the +Mohammedans of Hebron actually to inhabit the cave of Machpelah, and, in +the case of Isaac at any rate, to be extremely angered by any negligence +shown to their altars, either by omission of the customary ceremonies or +by admission within the sacred precinct of any stranger of alien faith. + +It must not therefore be inferred altogether that the regular +ancestor-worship so-called was of later origin amongst the Greeks, but +rather that the constitution of society did not afford it the same +prominence to the mind of Homer and perhaps his contemporaries, as it +acquired later. + +(M13) M. Fustel de Coulanges, in _La Cit Antique_, has so well +established the prevalence of ancestor-worship among the Greeks, drawing +illustration both from Indian and Roman sources, that no further instances +of its existence are needed here. + +The ceremonies however and offerings at the tombs of their fathers did not +supersede, amongst the Athenians at any rate, their worship of the Olympic +gods. The Olympic gods themselves moreover were clearly connected with +their family life. The protection of Zeus was specially claimed under the +title of {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or even {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}(18) and as {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} he received worship +upon the altar that stood in the court-yard of nearly every house in +Attica.(19) The permanent place of these gods in the homes of the people +is further denoted by the use of such epithets as {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}(20) and +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}.(21) + +(M14) The tombs, on the other hand, were not approached with the purpose +of invoking powerful aid, but rather with the intent of soothing a +troubled spirit with care and attention, and of providing it with such +nourishing refreshment as could not be procured in the regions of the +starving dead. + + + "I come, bringing to my son's sire propitiating libations, such as + are soothing to the dead, from hallowed cow white milk, sweet to + drink; the flower distiller's dew--clear honey; the virgin spring's + refreshing draught; and undefiled from its wild mother, the liquid + gladness of the time-honoured vine; also from the ever-leafy + growth of the pale green olive fragrant fruit is here, and twined + flowers, children of the teeming earth."(22) + + +(M15) The same idea of nourishment of the dead, though shared with the +other gods, determines the offerings in the Egyptian _Book of the +Dead_.(23) + + + "I live upon loaves, white wheat, beer, red wheat.... Place me + with vases of milk and wine, with cakes and loaves, and plenty of + meat in the dwelling of Anubis."(24) + + + "Grant to me the funereal food, the drinks, the oxen, the geese, + the fabrics, the incense, the oil, and all the good and pure + things upon which the gods live."(25) + + +There is one passage that almost implies that the dead retained in idea a +claim upon the produce of the land which nourished them whilst alive, or +that they had a special allotment even in the other world:-- + + + "I sit down among the very great gods of Nut. A field extends for + me; the products of the ground are for me. I eat them; I am + favoured with them; I live in plenty by them.... I am given corn + and wheat for my mouth."(26) + + +Chapter cxliv. of the _Book of the Dead_ is to be said, + + + "at the gate of every room while offering to each of them thighs + and heads of red cows, the value of seven vases; while offering + blood extracted from the heart, the value of a hundred vases; + sixteen loaves of white bread, eight round cakes, eight oval + cakes, eight broad thin cakes, eight measures of beer, and eight + of wheat, a perfumed oil-basin full of milk from a white cow, + green grass, green figs, mestem and beads of incense to be burnt." + + +Chapter cxlviii. ordains that there + + + "shall be placed offerings before them of loaves, beer, meat, + incense, funereal dishes, bringing into favour with R and making + that the _deceased is fed in the netherworld_." + + +(M16) In the next chapters frequent reference will be made to the +offerings to ancestors, or _manes_, among the ancient Hindoos. With them +the cake-offering to the dead became a most important symbol, uniting in a +common duty all descendants from certain ancestors within fixed degrees, +and marking them off in the matter of responsibility thereto from more +distant relations, who owed similar duty elsewhere. + +(M17) Being thus surrounded by nations that believed intensely in the need +in the dead of nourishment at the hands of their relatives on earth, it +would indeed be surprising if the Greeks were found not to share in the +belief. But the fact remains that in the earliest Greek literature it is +least conspicuous, and the gulf seems widest between the living and the +dead. Can this be laid to the charge of the artificial superstitions of a +philosophical class of poets? Or is it due to the true evolution of such +beliefs, that as long as our search touches upon the unsettled periods of +semi-migratory life, the tombs of individual members of a family being +scattered here or there wherever they meet their deaths, the offering to +the dead takes a special form, inasmuch as the solidarity of the tribe +eclipses the importance of the family as a unit, and the religious +ceremonies of the chieftain absorb the attention of the lesser members of +the tribe? + +M. de Coulanges points out that the meaning of the Latin word _Lar_ is +lord, prince or master, and that _Hestia_ was sometimes designated by the +Greeks with the similar title of mistress of the house, or princess.(27) + +If, as long as the tribe was felt to be a real unit, the religious +instincts of the tribesmen were concentrated upon the worship of their +tribal deities--the great ancestors of the tribe, and more emphatically and +directly the ancestors of their chieftain--it would be quite natural, in +the weakening of the central worship, for the titles of honour and respect +to be used equally towards those meaner ancestors who henceforth occupied +the religious energies of the head of each family or household. In +fulfilment of a similar sentiment, the later Greeks commonly used the word +{~GREEK SMALL LETTER ETA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~} in speaking of a dead friend, deeming that any one who departed this +life passed to the ranks of those princes of the community from whom all +were proud to trace descent. + +(M18) M. de Coulanges considers that the sacred rites of the family at the +hearth formed a more real tie than the belief in a common blood; and that +upon this religious basis was built up the greater hearth of the Prytaneum +as the centre of city life, to bind together the several families +composing the community. But without pretending to come to a final +decision on this the main tendency of social development, surely something +may yet be said in favour of the contrary theory; that the reverence that +centred in the hearth was in effect the expression of the sanctity of the +tie of blood, as felt by all members of the house, and that this feeling +drew its real importance for the community, not from the founding of the +city by the amalgamation of several families, but as a survival from an +earlier stage of life, when society circled round what was then in more +than name the Prytaneum of the tribal chieftain. + +Facts are wanting to justify a conclusion as to which of these theories +bears the closest resemblance to the truth, but it is easy to imagine what +might be the line of development if the latter hypothesis be maintained. + +(M19) During the wanderings and migrations of peoples in the search for +greener pastures or broader lands, each community or tribe would be +constantly under arms and subject to attack from the enemies they were +passing through or subjugating. This constant sojourning in a strange +land, surrounded by foes, would be a source of much solidarity to the +tribe itself, drawing its members closely together for mutual defence and +subsistence. + +But when once the tribe had found a country to its taste, and had made a +settlement with borders comparatively permanently established, emphasis +would be transferred to the petty quarrels and internal dissensions +arising between different sections within the community itself. The tie of +common blood, uniting all members of the tribe, would be gradually +disregarded and displaced by the less homely and more political relation +of fellow-citizenship, which, though retaining many of the characteristics +of the tribal bond, would necessarily be felt in a very different manner. + +In this disintegration of the larger unit, the existence of kinship by +blood would be acknowledged only where the relationship was obvious and +well known. And it would no longer be sufficient merely to prove +membership of a kindred; as those outside certain limits would claim +exemption from the responsibilities entailed by closer relationship. + +(M20) So, too, in the matter of religious observance: the reverence of the +individual for the Prytaneum and common hearth of the state would undergo +a change into a less personal sentiment; the rites connected therewith +would be delegated to an official priest; and it is with the head of each +family, surrounded by those who are really conscious of their connection +by blood in common descent from much more immediate ancestors, that the +true tribal feeling would longest survive, though, of course, on much +narrower lines. + +The privileges of citizenship were, it will be seen, as carefully guarded +as those of the tribe, but in a more perfunctory and arbitrary manner; +whilst the intimate connection of the members of the family with the +hearth and the graves of their ancestors stands out in strong relief. + +By the time of Hesiod, besides the violation of the universal sanctity of +a guest or suppliant, the chief sins are against members of the same +household, defrauding orphans, or insulting an aged parent.(28) Behaviour +to other than blood-relations is regulated by expediency, by what you may +expect in return from your neighbours.(29) + +Whether the family is to be regarded as the chief factor in the +composition of the city, or how much of its composition the city owes to +direct inheritance from the tribal system, must, as has been said, be left +unsolved. Some small light may perhaps be shed upon the problem as this +inquiry proceeds. + +(M21) At any rate, if the true basis of the organisation of the family and +the kindred, as found in historic times in Greece, could once be +established, material assistance ought to have been gained for rightly +understanding the structure of that earlier society, whatever it was, from +which the rules, that govern those within the bond of kinship, were +survivals. + + + + + +CHAPTER II. THE MEANING OF THE BOND OF KINSHIP. + + +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}: {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMEGA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. + _Aeschylus._ + + + + + 1. The Duty Of Maintenance Of Parents During Life, And After Death At +Their Tomb. + + +(M22) As the hearth was the centre of the sanctity and reverence of the +family, so the word {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was the customary term to signify the smaller +group of the composite {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, consisting of a man and his immediate +descendants. In the first place, the individual was absolutely committed +to sacrifice all his personal feelings for the sake of the continuity of +his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and this was his supreme duty. But whereas several {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} traced +their descent from a common ancestor, a group of gradually diverging lines +of descent were formed, sharing mutually the responsibility of the +maintenance of continuity, and the privilege of inheritance and +protection. + +Before examining how far these parallel lines remained within the reach of +claims of kinship, or how soon the reverence for the more immediate +predecessors absorbed the memory of the more remote ancestor, it will be +well to have a clear understanding of what the claims of kindred were, and +how they affected the member of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, in respect of his duties +thereto. + +(M23) Plato(30) declares that honour should be given to:-- + +1. Olympian Gods. + +2. Gods of the State. + +3. Gods below. + +4. Demons and Spirits. + +5. Heroes. + +6. Ancestral Gods. + +7. _Living Parents_, "to whom we have to pay the greatest and oldest of +all debts: in property, in person, in soul; paying the debts due to them +for the care and travail which they bestowed on us of old in the days of +our infancy, and which we are now to pay back to them when they are old +and in the extremity of their need." + +(M24) The candidates for the archonship were asked, among other things, +whether they treated their parents properly.(31) It was only in case of +some indelible stain, such as wife-murder, that the debt of maintenance of +the parent was cancelled.(32) Yet even when the father had lost his right +of maintenance by crime or foul treatment, the son was still bound to bury +him when he died and to perform all the customary rites at his tomb.(33) + +"Is it not," says Isaeus, "a most unholy thing, if a man, without having +done any of the customary rites due to the dead, yet expects to take the +inheritance of the dead man's property?"(34) + +(M25) The duty of maintenance of the parent thus extended even beyond the +tomb, and this retrospective attitude of the individual gives us the clue +to his position of responsibility also with regard to posterity. + +The strongest representation possible of this attitude is given in the +_Ordinances of Manu_, where it is stated that a man "goes to hell" who has +no son to offer at his death the funeral cake. + +(M26) "No world of heaven exists for one not possessed of a son." The +debt, owed by the living member of a family to his _manes_, was to provide +a successor to perform the rites necessary to them after his own death. + + + "By means of the eldest son, as soon as he is born, a man becomes + possessed of a son and is thus cleared of his debt to the _manes_" + + + "A husband is born again on earth in his son." + + + "If among many brothers born of one father, _one_ should have a + son, Manu said all those brothers would be possessed of sons by + means of that son." + + +_i.e._ one representative was sufficient as regards the duties to the +_manes_ in the house of the grandfather. + + + "Thro' a son one conquers worlds, thro' a son's son one attains + endlessness, and through the son's son of a son one attains the + world of the Sun." + + + "The sort of reward one gets on crossing the water by means of bad + boats is the sort of reward one gets on crossing the darkness (to + the next world) by means of bad sons."(35) + + +(M27) Plato expresses the same feeling in the _Laws_:(36) + + + "After a sort the human race naturally partakes of immortality, of + which all men have the greatest desire implanted in them; for the + desire of every man that he may become famous, and not lie in the + grave without a name, is only the love of continuance ... In this + way they are immortal leaving [children's] children behind them, + with whom they are one in the unity of generation. And for a man + voluntarily to deprive himself of this gift of immortality, as he + deliberately does who will not have a wife and children, is + _impiety_." + + +The functions and duties of the individual towards his family and +relations thus find their explanation in his position as link, between the +past and the future, in the transmission to eternity of his family blood. + +His duties to his ancestors began with the death of his father. He had at +Athens to carry out the corpse, provide for the cremation, gather the +remains of the burnt bones, with the assistance of the rest of the +kindred,(37) and show respect to the dead by the usual form of shaving the +head, wearing mourning clothes, and so on. Nine days after the funeral he +must perform certain sacrifices and periodically after that visit the +tombs and altars of his family in the family burying-place.(38) If he had +occasion to perform military service, he must serve in the tribe and the +deme of his parent ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}).(39) Before he +can enter into his inheritance he must fulfil all the ordinances incumbent +on one in his position, and in the Gortyn Laws it is stated that an +adopted heir cannot partake of the property of his adoptive father unless +he undertakes the sacred duties of the house of the deceased.(40) Thus the +right of ownership of the family estate rested always with the possession +of the blood of the former owners; and such a representative demonstrated +his right by stepping into his predecessor's shoes and by taking upon +himself all responsibility for the fulfilment of the rites, thereafter to +be performed to him also when he shall have been gathered to the majority +of his family. + + + + + 2. The Duty Of Providing Male Succession. + + +But however piously and carefully he performed his many duties to his +ancestors, his work was only transitory and incomplete, unless he provided +a successor to continue them after him into further generations. + +(M28) The procreation of children was held to be of such importance at +Sparta(41) that if a wife had no children, with the full knowledge of her +husband she admitted some other citizen to her, and children born from +such a union were reckoned as born to the continuation of her husband's +family, without breach of the former relations of husband and wife.(42) +This is the exact custom stated in the _Ordinances of Manu_ (ix. 59), +where it is laid down that a wife can be "commissioned" by her husband to +bear him a son, but she must only take a kinsman within certain degrees, +whose connection with her ceases on the birth of one son.(43) Otherwise it +was a man's duty to divorce a barren wife and take another. But he must +divorce the first, and could not have two hearths or two wives.(44) + +A curious instance of how this sentiment worked in practice in directly +the opposite direction to our modern ideas, is mentioned in Herodotus. +Leaders of forlorn hopes nowadays would be inclined to pick out as +comrades the unmarried men, as having least to sacrifice and fewest duties +to forego. Whereas Leonidas, in choosing the 300 men to make their famous +and fatal stand at Thermopylae, is stated to have selected all _fathers +with sons living_.(45) + +Hector is made to use this idea in somewhat similar manner. He encourages +his soldiers with:-- + + + "If a man fall fighting for his fatherland, it is no dishonourable + thing: and his wife and his children left behind, and his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} + and {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} are unharmed, if the Achaians go but back to their own + country."(46) + + +If the enemy are driven out, though he be killed himself, yet if he leave +children behind, his household and their property will remain unharmed. + +All about to die, says Isaeus, take thought not to leave their {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +desolate ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}),(47) but that there shall be some one to carry the name +of their house down to posterity, who shall perform all the customary +rites at the tomb due to them also when they shall have joined the ranks +of ancestors.(48) + +Where children were reckoned of the tribe of their father and not of their +mother, and where a woman was incapable of performing sacred rites, a male +heir was necessary for the direct transmission of blood and property. Sons +entered upon their inheritance immediately on the death of their father, +nor had he the power to dispossess them in favour of others, whilst +brothers, cousins, legatees, had always to prove their title and procure +judgment from the court in their favour.(49) + +(M29) Failing sons however, the next descent lay through a daughter. Nor +were her qualifications in herself complete or sufficient in theory to +form the necessary link in the chain of succession. The next of kin male +had to marry her with the property of which she was {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~};(50) but +neither she nor he really possessed the property, and the sons born from +the marriage succeeded thereto directly on attaining a certain age. The +next of kin had in the meantime of course to represent his wife's father +in all the religious observances, and was said to have power to live with +the woman ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}), but not to dispose of the +property ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~});(51) the sons becoming {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} +at sixteen years old, and owing thence only maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) to their +mother from the property.(52) The heiress was compelled to marry at a +certain age and was adjudicated by law to the proper kinsman.(53) + +Again an exact parallel is to be found in the _Ordinances of Manu_:-- + + + "One who is without a son should, by the following rule, make his + daughter provide him a son:--'The offspring which may be hers shall + be for me the giver of offerings to the _manes_.' " + + +The whole property of a man is taken by this daughter's son,(54) and, by +her bearing a son, _her father_ "becomes possessed of a son, who should +give the funeral cake and take the property."(55) + +If she die without a son, her husband would take (presumably by a sort of +adoption).(56) But this would be perfectly natural, if, as in Greece, her +husband was bound to be the next of kin and therefore heir failing issue +from her. + +(M30) At Athens it was part of the office of the archon to see that no +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} failed for want of representatives, to constrain a reluctant heiress +to marry or to compel the next of kin to perform his duty. Plato(57) asks +pardon for his imaginary legislator, if he shall be found to give the +daughter of a man in marriage having regard only to the two +conditions--nearness of kin, and the preservation of the property; +disregarding, in his zeal for these, the further considerations, which the +father himself might be expected to have had, with regard to the +suitability of the match.(58) + +(M31) A certain leniency was however allowed to the heiress who was +unwilling to marry an obnoxious kinsman, and to the kinsman who had +counterclaims upon him in his own house. Nevertheless the rules remained +very strict. Isaeus states emphatically,(59) "Often have men been +compelled by law to give up their properly wedded wives, owing to their +becoming {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} through the death of their brother to their father's +property and having to marry the next of kin ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~})," to +prevent the extinction of their father's house. + +Manu warns those about to marry to be careful that their children shall +not be required to continue their wives' father's family, to the +desolation of their own. + + + "She who has not a brother ... let not a wise man marry her, + through fear of the law about a daughter's son."(60) + + +Again Isaeus:-- + + + "We, because of our nearness of kin, would have been compelled to + maintain ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}) our aged grandfather and either ourselves + marry Cleonymos' (our uncle's) daughters or give them away with + their portions to others and all this our kinship, the laws, and + _our shame_ would have compelled us to perform or incur the + greatest penalties and the _utmost disgrace_."(61) + + +(M32) In the laws of Gortyn very clear rules are laid down to be followed +where there were difficulties in the way of the heiress marrying the next +of kin. + + + "The heiress shall marry the eldest brother of her father that is + alive. If there are more heiresses and uncles, they shall ever + marry the eldest. If there are no uncles but sons of uncles, she + shall marry the son of her father's eldest brother. If there are + more than one heiress and sons of uncles, they shall ever marry + the son of the eldest in order: but a man shall not marry more + than one heiress"(62) + + +There is also a statement made by Demosthenes(63) that sounds as if it +might have come from the _Ordinances of Manu_. It is there stated that if +there were more than one heiress, _only one_ need be dealt with in respect +to _providing succession_, though all shared in the property. + +The law of Gortyn goes on:-- + + + "If the man will not marry her, though of age and wishing to + marry, the guardians of the heiress shall sue, and the judge shall + condemn him to marry her in two months. If he will not marry her, + according to the law, she shall have all the property and shall + marry the next of kin (after him) if there is one.... + + + "If she is of age and does not wish to marry the next of kin or if + he is a minor and she does not wish to wait, she ... can marry + whom she will of those who claim her of the tribe. But she shall + apportion off his share of the property to the first of kin. + + + "If there are no kin to her, she shall have all the property and + marry whom she will of the tribe. + + + "If no one of the tribe will marry her, her guardians shall ask + throughout the tribe, ' Will any marry her?' And if any one then + marries her, he shall do it in thirty days after the 'asking.' But + if there is still no one, she shall marry any one else she can." + + +Such pains were taken to find a representative for the deceased in his +family, or at any rate in his _tribe_.(64) + +(M33) The same questions seem to have arisen amongst the Israelites in the +time of Moses. + + + Numbers xxxvi. 8. "And every daughter that possesseth an + inheritance (LXX. {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}) in any tribe of the + children of Israel, shall be wife unto one of the family of the + tribe of her father ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}), that + the children of Israel may enjoy ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) every man the + inheritance of his fathers. + + + "Even as the Lord commanded Moses, so did the daughters of + Zelophehad. + + + "For Mahlah, Tirzah and Hoglah, and Milcah, and Noah, the + daughters of Zelophehad, were married unto their father's + brother's sons (LXX. {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~})." + + + + + 3. The Position Of The Widow Without Child And The Duties Of An Only +Daughter. + + +(M34) The _levirate_, or marriage with deceased husband's brother, seems +to have had no place in Greek family law. The wife was of no _kin_ +necessarily to the husband; and so it would not tend to strengthen the +transmission of blood if the next of kin married the widow on taking the +inheritance of his relative deceased without issue. The wife in Greek law +could not inherit from her husband, whose property went to his father's or +mother's relations; and only when it became a question of finding an heir +to her _son_, and failing all near paternal kinsmen, could the inheritance +pass through her, and then as the mother of her dead son, not as widow of +her dead husband. Even then, being a woman, she had no right of enjoyment, +only of transmission. She could only inherit on behalf of her issue by a +second husband, and failing her issue the inheritance would pass to her +brothers and so on. In Greece the claim upon the {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~} (Latin _levir_) for +marriage seems to have begun with his brother's daughter, not his +brother's widow. + +(M35) The childless widow on the death of her husband had to return to her +own family or whoever of her kindred was guardian ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of her, and if +she wished, be given again in marriage by him.(65) + +The woman at Athens even after marriage always retained her {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or +guardian,(66) who was at once her protector and trustee. He was probably +the head of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} to which she originally belonged--her next of kin--and +had great power over her.(67) + +A case there is(68) where the heir to the property also takes the wife of +the previous owner; but in this case the husband may have been {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of +his own wife, and so could bequeath, or give her away to whomever he +liked.(69) + +In the _Ordinances of Manu_, the limitations of the levirate are very +strictly defined.(70) In the case of a man leaving a widow, she must not +marry again, or she lost her place in heaven by his side. + +But if she was childless, the next of kin of her husband must beget one +son by her; he did not _marry_ her, and his connection with her _ceased on +the birth of a son_. + +(M36) The laws of Manu otherwise are strict against the marriage of close +relations; a restriction not found in Greece. + +Isaeus(71) mentions that it was thought quite natural for a man to marry +his first cousin in order to concentrate the family blood, and prevent her +dowry or whatever property might come to her from going outside his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, +and we know that even marriage with a half-sister (not born of the same +mother) was not forbidden. + +There are more instances than one in Homer of a man marrying his aunt, or +niece. + +The nearest resemblance to the levirate in Greece is the occasional custom +at Sparta, mentioned already, of a wife being "commissioned" to bear +children by another man into the family of her husband. But this exists in +Manu, side by side with the above-mentioned custom of levirate proper. + +(M37) Among the Israelites, the levirate was in full force; the craving +for continuance was the same as among the followers of Manu and the +Greeks; and the custom with regard to heiresses is so vividly told that it +is worth quoting at some length. + + + Deut. xxv. 5. "If brethren dwell together and one of them die and + have no child, the wife of the dead shall not marry without unto a + stranger: her husband's brother [_i.e._ next of kin] shall go in + unto her and take her to him to wife and perform the duty of an + husband's brother to her. + + + "And it shall be that the firstborn which she beareth shall + _succeed in the name of his brother that is dead_, that his name + be not put out of Israel. + + + "And if the man like not to take his brother's wife, then let his + brother's wife go up to the gate unto the elders and say, 'My + husband's brother refuseth to raise up unto his brother a name in + Israel, he will not perform the duty of my husband's brother.' + + + "Then the elders of his city shall call him and speak unto him: + and if he stand to it and say, 'I like not to take her,' then + shall his brother's wife come unto him in the presence of the + elders, and loose his shoe from off his foot, and spit in his + face, and shall answer and say: 'So shall it be done unto that man + that will not build up his brother's house (LXX. {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}).' + + + "And his name shall be called in Israel, 'The house ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of him + that hath his shoe loosed.' " + + +(M38) Such was the scorn felt for the man who refused to perform the +duties of nearest kinsman. In the thirty-eighth chapter of Genesis is told +the story of Tamar, the wife of Judah's eldest son who died childless. The +second son's refusal to raise up seed to his brother because he knows that +_his own name will not be perpetuated thereby, but his brother's_, meets +with summary punishment. "And the thing that he did was evil in the sight +of the Lord, and He slew him also."(72) Afterwards, when it was reported +to her father-in-law that Tamar had a child by some one not of his family, +he was exceedingly wroth, and said, "Bring her forth and let her be +burnt." Accordingly, after he had received his own "tokens" from her hand, +his approval of her action, in her desire to perpetuate the name of her +dead husband, is all the more striking, and shows how real such a claim as +Tamar's was in the practice of those days, extreme though her action was +felt to be. And Judah acknowledged his tokens and said, "She hath been +more righteous than I: because that I gave her not to Shelah my [youngest] +son." + +(M39) The statement of the customary procedure in Deuteronomy is very +picturesquely illustrated and fulfilled in detail in the story of Ruth, +who though only a daughter-in-law takes the position of heiress through a +sort of adoption by her mother-in-law Naomi, on her refusal to go back to +her own people. "Where thou goest, I will go: where thou lodgest, I will +lodge: thy people shall be my people, and thy God, my God. Where thou +diest will I die, and there will I be buried." She accepts Naomi's hearth +her kin, her religion, and finally her tomb. + +Elimelech and his two sons dying in Moab, Naomi and both her +daughters-in-law are left widows in a strange land. If Naomi had other +sons, upon them would have devolved the duty of taking Orpah and Ruth to +wife. But Naomi declares herself(73) too old to marry again and be the +mother of sons, and implores her daughters-in-law to return to their own +people in Moab, where she hopes they will start afresh with new husbands, +a course which seems always to have been open to wives in tribal +communities. Orpah does so, but Ruth elects to remain with Naomi, and +returning with her to Bethlehem takes her chance among the kindred of +Elimelech. Happening to arrive at Bethlehem at the beginning of the barley +harvest, it so chances that Ruth goes forth to glean upon that part of the +open field which belonged to Boaz--a rich man of the {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} of Elimelech, +who, having heard of her devotion to Naomi and the house of his late +kinsmen, protects her from possible insult from strangers and treats her +richly. On her return home Naomi informs her that Boaz is of their next of +kin ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~})(74) whose place it was to redeem property sold or +lost by a kinsman. This duty is thus set forth in Leviticus:-- + + + (M40) Lev. xxv. 25. "And if thy brother be waxen poor and sell + some of his possession, then shall his kinsman ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) that + is next to him come and shall redeem that which his brother hath + sold." + + +An instance of it in practice is given in Jeremiah. + + + Jerem. xxxii. 8. "So Hanameel mine uncle's son came to me in the + court of the guard according to the word of the Lord and said unto + me, 'Buy my field, I pray thee, that is in Anathoth which is in + the land of Bethlehem: for the right of inheritance is thine, and + the redemption is thine: buy it for thyself.' " + + +But on Ruth's applying to Boaz, he informs her that though he is +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, _i.e._ within the reach of the claim on the next of kin, yet is +there one {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} who is nearer than he, and who must first be asked. + + + "Now Boaz went up to the gate and sat down there, and behold the + near kinsman of whom Boaz spake came by, unto whom he said, 'Ho, + such an one! turn, aside, sit down here,' and he turned aside and + sat down. And he took ten men of the elders of the city and said, + 'Sit ye down here,' and they sat down. And he said unto the near + kinsman, 'Naomi that is come again out of the country of Moab + selleth the parcel of land which was our brother Ehmelech's: and I + thought to disclose it to thee, saying, "Buy it before them that + sit here and before the elders of my people." If thou wilt redeem + it, redeem it; but if thou wilt not redeem it, tell me that I may + know; for there is none to redeem it beside thee, and I am after + thee.' And he said, 'I will redeem it.' Then said Boaz, 'What day + thou buyest the field of the hand of Naomi thou must buy it also + of Ruth the Moabitess, _the wife of the dead, to raise up the name + of the dead upon his inheritance_.' And the near kinsman said, 'I + cannot redeem it for myself _lest I mar my own inheritance_; take + thou my right of redemption on thee; for I cannot redeem it.' " + + +The rendering of the Vulgate of the kinsman's reply is more easily +understood:--"I yield up my right of near kinship: for neither ought I to +blot out the continuance (_posteritas_) of my family: do thou use my +privilege, which I declare that I freely renounce." + + + "And he drew off his shoe. And Boaz said unto the elders and unto + all the people, 'Ye are witnesses this day that I have bought all + that was Elimelech's ... Chilion's and Mahlon's of the hand of + Naomi. Moreover Ruth, the wife of Mahlon, have I purchased to be + my wife to _raise up the name of the dead_ upon his inheritance, + that the name of the dead be not cut off from among his brethren + and from the gate of his place: ye are witnesses this day.' And + all the people that were in the gate and the elders said, 'We are + witnesses ... May thy house be like the house of Perez whom Tamar + bare unto Judah' &c." + + +Now Boaz was sixth in descent from this Perez whose mother Tamar, as +quoted above, had been in much the same position as Ruth. + +It is interesting to read further that the son born of this marriage of +Ruth and Boaz is taken by the women of Bethlehem to Naomi, saying, "_There +is a son born to Naomi_," emphasising the duty of the heiress to bear a +son, not into her husband's family, but to that of her father. + +The story of Ruth is not, therefore, an exact example of the custom of +levirate. But it illustrates incidentally the unity of the family. The +sons of Elimelech died before the family division had taken place, and the +house of Elimelech their father was thus in jeopardy of extinction. If +Naomi had come within the proper operation of the levirate, the next of +kin ought to have married _her_, but by her adoption of Ruth as her +daughter, she gave Ruth the position of heiress or {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, whilst the +heir born to Ruth was called son, not of Ruth's former or present husband, +but of Elimelech and (by courtesy) of Naomi, Elimelech's widow, through +whom the issue ought otherwise to have been found. + + + + + 4. Succession Through A Married Daughter: Growth Of Adoption: +Introduction Of New Member To Kinsmen. + + +(M41) But if the heiress was already married and had sons, she need not be +divorced and marry the next of kin, though that still lay in her power. It +was considered sufficient if she set apart one of her sons to be heir to +her father's house. But she must do this absolutely: her son must entirely +leave her husband's house and be enfranchised into the house of her +father. If she did not do this with all the necessary ceremonies, the +house of her father would become extinct, which would be a lasting shame +upon her. + +Isaeus(75) mentions a case where a wife inherits from her deceased brother +a farm and persuades her husband to emancipate their second son in order +that he may carry on the family of her brother and take the property. + +(M42) In another passage(76) the conduct of married sisters in not +appointing one of their own sons to take his place as son in the house of +their deceased brother, and in absorbing the property into that of their +husbands, whereby the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of their brother became {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, is described +as shameful ({~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}). + +In Demosthenes(77) a man behaving in similar wise is stigmatised as +{~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +(M43) Herein lay the reason that adoption became so favourite a means in +classical times of securing an heir. It became almost a habit among the +Athenians who had no sons, to adopt an heir--often even the next of kin who +would naturally have succeeded to the inheritance.(78) + +The transfer of the adopted son from the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of his father to the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +he was chosen to represent was so real that he lost all claim to +inheritance in his original family, and henceforth based his relationship +and rights of kinship from his new position as son of his adoptive father. +This absolutely insured the childless man that his successor would not +merge the inheritance in that of another {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and made it extremely +unlikely that he would neglect his religious duties as they would be +henceforth his own ancestral rites. + +Sometimes, it seems,(79) sons of an unfortunate father were adopted into +another {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} so as not to share in the disgrace brought upon their +family. In such a case presumably their father's house would be allowed to +become extinct. + +(M44) The inheritance of property being only an accessory to the +heirship,(80) the ceremony of adoption consisted of an introduction to the +kindred and to the ancestral altars, and an assumption of the +responsibilities connected therewith. + +(M45) The process was the same as for the proclamation of the true blood +of a son, and was exactly in accordance with tribal instincts. + +Whatever the history of the {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} at Athens, in it seems to have been +accumulated a great number of the survivals of tribal sentiment. + +(M46) The adoption at Athens took place at the gathering of the phratores +in order that all the kin might be present ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}).(81) +The adopter must lead his son to the sacrifices on the altars(82) and must +show him to the kinsmen ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} or {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) and phratores: he must +give assurance on the sacrifices that the young man was born in lawful +wedlock from free citizens. This done, and no one questioning his rights, +the assembly proceeded to vote(83) and if the vote was in his favour, then +and not till then he was enrolled in the common register ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) of the phratria in the name of son of his adopted father. As +a father could not without reason disinherit his true-born sons, so the +phratores could not without reason refuse to accept them to the +kinship.(84) + +If any of the phratores objected to the admission of the new kinsman, he +must stop the sacrifices and remove the victim from the altar.(85) He +would have to state the grounds of his objection, and if he could not +produce good reasons, he incurred a fine. If there was no objection, the +unsacrificial parts of the victim were divided up and each member took +home with him his share,(86) or joined in a feast provided by the father +of the admitted son.(87) + +(M47) The ceremonial given in the Gortyn laws is similar:-- + + + x. 33. "The adoption shall take place in the agora when all the + citizens have assembled, from the stone from which speeches are + made. And the adopter shall give to his own brotherhood ({~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}) + a victim-for-sacrifice and a vessel of wine ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~})." + + +The adopted son gets all the property and shall fulfil the divine and +human duties of his adoptive father(88) and shall inherit as in the law +for true-born sons. But if he does not fulfil them according to law, the +next of kin shall take the property. He can only renounce his adoption by +paying a fine. + +The adopted son thus introduced was considered to have become of the blood +of his adoptive father, and was unable to leave his new family and return +to his original home unless he left in the adoptive house a son to carry +on the name to posterity. As long as he remained in the other {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, +_i.e._ had not provided for his succession and by certain legal ceremonies +been readmitted to his former family, he was considered of no relationship +to them and had no right of inheritance in their goods.(89) + +An adopted son could not adopt or devise by will, and if he did not +provide for the succession by leaving a son to follow him, the property +went back into the family and to the next of kin of his adopted +father.(90) + +If he did return to his former {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, leaving a son in his place and that +son died, he could not return and take the property thus left without heir +direct.(91) + +(M48) Adoption amongst the Hindoos took place in like manner before the +convened kindred. The adopting father offered a burnt-offering, and with +recitation of holy words in the middle of his dwelling completed the +adoption with these words:-- + + + "I take thee for the fulfilment of my religious duties; I take + thee to continue the line of my ancestors."(92) + + +The adopted son should be as near a relation as possible, and when once +the ceremony had taken place, was considered to have as completely lost +his position in his former family as if he had never been born +therein.(93) + +(M49) The introduction into the deme which took place at the age of +eighteen at Athens, including the enrolment in the {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, seems to have been a registration of rights of property and +an assumption of the full status of citizen. The word {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} is +defined by Harpocration as meaning "capable of managing the ancestral +estate ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~})." The word {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} is used by Isaeus for the +application, by others than direct descendants, to the Archon for the +necessary powers to take their property. + +It appears to have been at this period that the young man left the ranks +of boyhood and dedicated himself to the responsibilities of his life. + +(M50) Plutarch(94) states that it was the custom at coming of age to +tonsure the head and offer the hair to some god, and describes the young +Theseus as adopting what we know as the Celtic tonsure, thenceforth called +after his name. + + + "The custom still being in existence at that time for those + quitting childhood to go to Delphi and dedicate(95) their hair to + the god, Theseus also went to Delphi (and the place is still + called after him the Theseia, so they say) and _shaved the hair of + his head in front only_ ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) Homer says the + Abantes do:(96) and this kind of tonsure ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}) is called + 'Theseis' because of him. Now the Abantes first shaved themselves + in this manner, not in imitation of the Arabs(97) as some have it, + nor even in emulation of the Mysians, but being a warlike people + and fighting hand to hand, ... as Archilochos testifies. For this + reason Alexander is said to have ordered his Macedonians to shave + their beards...." + + +This cutting the hair as token of dedication to any particular object or +deity was of common occurrence. Achilles' hair was dedicated as an +offering to the river Spercheios in case of his safe return.(98) Knowing +that this is impossible, in his grief at the death of Patroklos, with +apologies to the god he cuts his flowing locks and lays them in the hand +of his dead friend. + +Pausanias declares that it was the custom with all the Greeks to dedicate +their hair to rivers.(99) + +Theophrastus(100) mentions as a characteristic of the man of Petty +Ambition that he will "take his son away to Delphi to have his hair cut +({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~})," showing that this venerable custom had by that time become +pedantic and an object of ridicule. + +According to Athenaeus,(101) when the young men cut their hair they +brought a large cup of wine to Herakles and, pouring a libation, offered +it to the assembled people to drink. + +The age at which the hair was cut seems to have varied. The _Ordinances of +Manu_(102) give the following instructions:-- + + + "The Keanta (tonsure-rite) is ordered in the sixteenth year(103) + of a Brahman, in the twenty-second of a Ksatriya, and in two years + more after that for a Vaiya." + + +But whenever the actual tonsure was performed, it seems to have been a +very widely spread custom, symbolical in some way of devotion to a deity +or kindred, or to some particular course of life. + +Its importance in this place, however, lies in its being one of the +special acts relating to the admission to tribal status, and to the +devotion, so to speak, of the services of the individual to the corporate +needs of his tribe or kindred. + +The public introduction to the kindred, combined with publicity of +marriage and of the birth of children would, it is obvious, be a very +important protection for the preservation of the jealously guarded purity +of the tribal blood. Isaeus(104) says that all relations ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}), +all the phratores, and most ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}) of the demesmen would know whom a +man married, and what children he had. This, in addition to the oath +({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}) of the father or of the mother(105) of the legitimacy of the son +introduced to his kin, would seem a very sufficient safeguard.(106) + +If a child was not introduced to the phratores, it was considered +illegitimate,(107) and could have no share in the rites of kindred and +property.(108) + + + + + 5. The Liability For Bloodshed. + + +(M51) A notable feature of the tribal system all over the world was the +_blood-feud_, wiped out only by the death of the manslayer or by the +payment of a sufficient recompense. The incidence of the responsibility +for murder and for payment of the recompense upon a group instead of only +on the guilty individual was of remarkable tenacity, and survived to +comparatively late days. + +In Arabia the whole tribe of the murderer subscribed to the blood-money, +which went to all the males in the tribe of the murdered man.(109) + +But in Greece the responsibility fell upon the next of kin, with the help +and under the supervision of the rest of the immediate kindred. He had to +see that a spear was carried in front of the funeral of the slain man and +planted in his grave, which must be watched for three days.(110) He must +make proclamation of the foul deed at the tomb, and must undergo +purificatory rites, himself and his whole house ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}). If the dead body +be found in the country and no cause of death known, the demarch must +compel the relatives to bury the corpse and to purify the deme on the same +day.(111) + +The subject is a familiar one in Homer. The wanderer ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}) is said +to have no value (he is {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), no fine is exacted for his death. + + + _Il._ xiv. 483. "That my brother's price ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}) be + not unpaid: even for this it is that a man may well pray to have + some kinsman in his halls ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) to avenge + ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}) his fall." + + + _Il._ ix. 634. "Yet doth a man accept recompense of his brother's + murderer: or for his dead son: and so the manslayer for a great + price abideth in his own land ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}) and the other's heart is + appeased and his proud soul, when he hath taken the + recompense."(112) + + +(M52) There are many men told of in the _Iliad_ and _Odyssey_ who were in +the position of refugees at the court of some chief. As many of them were +wealthy--chiefs' sons or even chiefs--and well able to pay large +recompenses, it seems probable that (as is definitely stated in some +instances), if the murder was committed on a member of the same family or +tribe as the murderer, the only way to wipe out the stain was by death or +perpetual exile, as in the case of the typical fratricide Cain. The +blood-price was then only between tribe and tribe or city and city. Within +the kindred there would be no ransom allowed.(113) + +Medon had slain the brother of his step-mother and was a fugitive from his +country.(114) + +Epeigeus _ruled_ ({~GREEK SMALL LETTER ETA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}) fairest Boudeion of old, but having slain a good +man of his kin ({~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}), to Peleus fled, a suppliant.(115) + +Tlepolemos slew his own father's maternal uncle, gathered much folk +together and fled across the sea, because the other sons and grandsons of +his father threatened him.(116) + + + _Il._ xxiv. 479. "And as when a grievous curse cometh upon a man + who in his own country ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}) hath slain another and escapeth + to a land of other folk ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) to the house of some rich + man, and wonder possesseth them that look on him...."(117) + + + _Od._ xv. 272. "Having slain a man of my tribe ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}): and many + are his relations ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) and kinsmen ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) in Argos: at + their hands do I shun death and black fate and am in exile." + + + _Od._ xxiii. 118. "For whoso hath slain but one man in his country + ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}) for whom there be not many avengers ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}) + behind, he fleeth leaving his kin ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}) and his fatherland, how + then we who have slain the pillar of the state!" + + +(M53) If ransom there was none for the murderer within the tribe, there +was equally none for murders between citizen and citizen,--in this point +also the inheritors of the sentiments of tribesmen. In the law of +Solon(118) it was forbidden to take payment in compensation from the +murderer:-- + + + "The murderer can be slain in our land, not tortured, not held to + ransom ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER NU~})." + + +Plato(119) describes the soul of the deceased as troubled with a great +anger against the murderer, so that even the innocent and unintentional +homicide must needs flee at any rate for a year. The presence too of a man +thus denied with bloodshed at the sacred altars was held to be a gross +impiety and source of divine anger. Plato(120) says:-- + + + "The murderer shall be slain, but not buried in the country ({~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}) + of the deceased, which would be a disgrace and impiety."(121) + + +In the case of a suicide, the hand that committed the crime was to be cut +off and buried separately. + +In Isacus(122) it is related how Euthukrates in a quarrel over a +boundary-stone was so flogged by his _brother_ Thoudippos that, dying some +days after, he charged his friends ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) not to allow any of +Thoudippos' people ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}) to approach his tomb. But if the +murdered man before his death forgave his murderer, the relatives could +not proceed against him. + +If the murderer escaped fleeing he must go forever: if he returned he +could be killed at sight by any one and with impunity.(123) The pollution +rested on the whole kindred of the murdered man. + + + "Whosoever _being related to the deceased_ on the male or female + side of those within the cousinship shall not prosecute the + murderer when he ought or proclaim him outlaw, he shall _take upon + himself __ the pollution_ and the hatred of the gods ... and he + shall be in the power of any who is willing to avenge the + dead."(124) + + +The pollution cannot be washed out until the homicidal soul has given life +for life and has laid to sleep the wrath of the whole family +({~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}).(125) + +If it is a beast that has killed the man, it shall be slain to propitiate +the kin and atone for the blood shed. + +If it is a lifeless thing that has caused death, it shall solemnly be cast +out before witnesses to acquit the whole family from guilt.(126) + +Amongst the Israelites, treating of homicides _amongst themselves_, +compensation was forbidden in like manner. + + + Numbers xxxv. 31. "Moreover ye shall take no satisfaction for the + life of a murderer which is guilty of death: but he shall surely + be put to death. + + + "... The land cannot be cleansed of blood that is shed therein but + by the blood of him that shed it." + + +Let us complete this subject with the following story told by +Herodotus:(127)--Adrastus, having slain his brother, flees to the court of +Croesus. There he becomes as a son to Croesus and a brother to Atys, +Croesus' son. This Atys Adrastus has the terrible misfortune to slay, +thereby incurring a three-fold pollution. He has brought down upon himself +the triple wrath of Zeus Katharsios, Ephestios, and Hetaireios: he has +violated his own innocence, his protector's hearth, and the comradeship of +his friend. + +In despair he commits suicide. + + + + + +CHAPTER III. THE EXTENT OF THE BOND OF KINSHIP. + + + Arctior vero colligatio est societatis propinquorum: ab illa enim + immensa societate humani generis in exiguam angustumque + concluditur. + + + _Cicero_. + + + + + 1. Degrees Of Blood-Relationship; The {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + + +(M54) Such being the character of the burden of mutual responsibility +borne by members of kindred blood, it remains, if possible, to obtain some +idea of how this responsibility became narrowed and limited to the nearest +relations, and what was the meaning underlying the distinction drawn +between certain degrees of relationship. + +When examining the more detailed structure of the organisation of the +kindred, considerable light seems to be thrown upon survivals in Athens by +comparison with the customs of other communities, which were undergoing +earlier stages of the same process of crystallisation from the condition +of semi-nomadic tribes into that of settled provinces or kingdoms. + +(M55) In the Gortyn Laws we read:-- + + + iv. 24. "The father shall have power over the children and the + property to divide it amongst them.... As long as they (the + parents) are alive, _there is no necessity for division_.... If a + man or woman die their children, or grandchildren, or + great-grandchildren, shall have the property...." + + +The headship of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and the ownership of the property vested in the +parent as long as he lived and wished to maintain his power. Even after +his death, unless they wished it, the sons need not divide up amongst +themselves, but could live on with joint ownership in the one {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of +their deceased father. The eldest son would probably take the house +itself, _i.e._ the hearth, with the duties to the family altars which +devolved upon him as head of the family.(128) + +An example of this joint ownership occurs in the speech of Demosthenes +against Leochares.(129) The two sons of Euthumachos after his death gave +their sister in marriage (no doubt with her proper portion), and lived +separately but _without dividing_ their inheritance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). +Even after the marriage of one brother, they still left the property +undivided, each living on his share of the income, one in Athens, the +other in Salamis. + +The possibility of thus living in one {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and on an undivided patrimony +is implied in another passage in Demosthenes, where, however, the exact +opposite is described as actually having taken place.(130) + +Bouselos had five sons. He divided ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}) his substance +amongst them all as was fair and right, and they married wives and begat +children and children's children. Thus _five_ {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} sprang up out of the +one of Bouselos, and _each brother dwelt apart_, having his own {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and +bringing up his own offspring ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) himself ({~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMEGA WITH PSILI AND OXIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}). + +Whilst the parents were alive the family naturally held very closely +together, and often probably lived in one patriarchal household like +Priam's at Troy. + +Isaeus declares:--The law commands that we maintain ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) our parents +({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}): these are--parents, grandparents and _their parents_, if they are +still alive: + + + "For they are the beginning ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ETA WITH OXIA~}) of the family ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) and their + estate descends to their offspring ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}): wherefore it is + necessary to maintain them even if they leave nothing."(131) + + +The duty of maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) owed to the ancestor would follow the +same relationship as the right of inheritance from him, and this common +debt towards their living forebears could not help further consolidating +the group of descendants already bound together by common rites at the +tombs of the dead. + +But granted this community of rights and debts, is it possible to +formulate for the Greeks anything of the same limitations in the incidence +of responsibility amongst blood-relations that is to be found elsewhere? + +(M56) In western Europe, owing perhaps to the influence of Christianity, +the rites of ancestor-worship have no prominence. Ecclesiastical influence +however was unable to prevent an exceedingly complex subdivision of the +kindred existing in Wales and elsewhere. Whether this subdivision finds +its _raison d'tre_ in the worship of ancestors or not, the groups thus +formed serve as units for sustaining the responsibilities incident to +tribal life, and being, as will be seen, governed by similar +considerations to those existing among the Greeks, they afford very +suitable material for comparison, and throw considerable light upon one +another. + +(M57) As the various departments affected by blood-relationship or purity +of descent come under notice, it will be seen that the position of +_great-grandson_ as at once limiting the immediate family of his parents +and heading a new family of descendants is marked with peculiar emphasis. + +(M58) In the ancient laws of Wales it rests with great-grandsons to make +the final division of their inheritance and start new households. + +Second cousins may demand redivision of the heritage descending (and +perhaps already divided up in each generation between) from their +great-grandfather. After second cousins no redivision or co-equation can +be claimed.(132) + +In the meanwhile the oldest living parents maintained their influence in +family matters. In the story of Kilhwch and Olwen, in the _Mabinogion_, +the father of Olwen, before betrothing her to Kilhwch, declares that "her +four great-grandmothers and her four great-grandsires are yet alive; it is +needful that I take counsel of them."(133) + +(M59) Even when feudalism refused to acknowledge other than an individual +responsibility for a fief, it was unable to overcome the tribal theory of +the indivisibility of the family, which maintained its unity in some +places even under a feudal exterior. But as generations proceeded, and the +relationships within the family diverged beyond the degree of second +cousin, a natural breaking up seems to have taken place, though in the +direction of subinfeudation under the feudal enforcement of the rule of +primogeniture, instead of the practice, more in accordance with tribal +instincts, of equal division and enfranchisement. It may however be +surmised that the subdivision and subinfeudation of a holding in the +occupation of such a group of kinsmen would be carried out by the +formation of further similar groups. + +(M60) In the _Coustumes du Pais de Normandie_ mention is made of such a +method of land-holding, called _parage_. It consists of an undivided +tenure of brothers and relations _within the degree of second cousins_. + +The eldest does homage to the capital lord for all the _paragers_. The +younger and their descendants hold of the eldest without homage, until the +relationship comes to the _sixth degree inclusive_ (_i.e._ second +cousins). When the lineage is beyond the sixth degree, the heirs of the +cadets have to do homage to the heirs of the eldest or to whomsoever has +acquired the fief. Then _parage_ ceases.(134) + +The tenure then becomes one of subinfeudation. As long as the _parage_ +continued, the share of a deceased _parager_ would be dealt with by +redivision of rights, and no question would arise of finding heirs. But +when it became a question of finding an heir to the group, failing heirs +in the seventh degree inclusive, that is, son of second cousins--looked +upon as son to the group--failing such an heir, the estate escheated to the +lord. + +(M61) There is an interesting passage in the Ancient Laws of Wales +ordaining that the next-of-kin shall not inherit as heir to his deceased +kinsman, but as heir to the ancestor, who, apart from himself, would be +without direct heir, _i.e._ presumably their common ancestor. + + + "No person is to obtain the land of a _co-heir_, as of a brother, + or of a cousin, or of a second cousin, by claiming it as heir to + that one co-heir who shall have died without leaving an heir of + his body: but by claiming it as heir _to one of his own parents_, + who had been owner of that land until his death without heir, + whether a father, or grandfather, or great-grandfather: that land + he is to have, if he be the nearest of kin to the deceased."(135) + + +This of course refers to inheritance within the group of co-heirs, the +members of which held their position by virtue of their common +relationship within certain degrees to the founder. And we may infer that +emphasis was thus laid on the proof of relationship by _direct descent_, +in order to prevent shares in the inheritance passing from hand to hand +unnoticed, beyond the strict limit where subdivision could be claimed _per +capita_ by the individual representatives of the diverging _stirpes_. + +(M62) The kindred in the _Ordinances of Manu_ is divided into two groups:-- + +1. Sapindas, who owe the _funeral cake_ at the tomb. + +2. Samanodakas, who pour the _water libation_ at the tomb. + + + "To _three ancestors_ the water libation must be made; for _three + ancestors_ the funeral cake is prepared; the fourth (descendant or + generation) is the giver (of the water and the cake); the _fifth + has properly nothing to do_ (with either gift)."(136) + + +This may be put in tabular form:-- + +Receivers of water. + +1. Great-grandfather's great-grandfather. +2. Great-grandfather's grandfather. +3. Great-grandfather's father. + +Receivers of cake. + +1. Great-grandfather. +2. Grandfather. +3. Father. +4. Giver of cake and water +5. Excluded + +Or inversely:-- + +Givers of cake or _Sapindas_. + +Householder +Brothers +1st cousins +2nd cousins + +Pourers of water or _Samanodakas_. + +3rd cousins +4th cousins +5th cousins + +Within the _Sapinda_-ship of his mother, a "twice-born" man may not +marry.(137) Outside the _Sapinda_-ship, a wife or widow, "commissioned" to +bear children to the name of her husband, must not go. + + + "Now _Sapinda_-ship ceases with the seventh person, but the + relationship of a Samanodaka (ends) with the ignorance of birth + and name."(138) + + +All are Sapindas who offer the cake to the same ancestors. + +(M63) The head of the family would himself offer or share with all his +descendants in the offering of the one cake to his great-grandfather, his +grandfather, and his father. And if this passage is taken in conjunction +with the one quoted just above, the number sharing in the cake-offering, +limited as in the text at the seventh person from the first ancestor who +receives the cake, is just sufficient to include the great-grandson of the +head of the family, supposed to be making the offering. + +The group, thus sharing the same cake-offering, would in the natural +course be moving continually downwards, generation by generation as the +head of the family died, thereby causing the great-grandfather to pass +from the receivers of the cake-offering to the receivers of the water +libation, and admitting the great-grandson's son into the number of +Sapindas who shared the cake-offering. And at no time would more than four +generations have a share in the same cake offered to the three nearest +ancestors of the head of the family. + +(M64) The Samanodakas, or pourers of the water libation appear to have +been similarly grouped. + +"Ignorance of birth and name" was in Wales considered to be equivalent to +_beyond fifth cousins_. According to the Gwentian Code, "there is no +proper name in kin further than that"--_i.e._ fifth cousins.(139) And this +tallies exactly with the previous quotation from Manu limiting the water +libation to three generations of ancestors beyond those to whom the cake +is due, which, as has been seen, includes fifth cousins. + +And it must be borne in mind that fifth cousins are great-grandsons of the +great-grandsons of their common ancestor, or two generations of groups of +second cousins. + +(M65) It was extremely improbable that a man would see further than his +great-grandchildren born to him before his death. And it might also +occasionally occur in times of war or invasion that a man's sons and +grandsons might go out to serve as soldiers, leaving the old man and his +young great-grandchildren at home. + +If the fighting members of the family were killed, the great-grandsons +(who would be second cousins or nearer to each other) would have to +inherit directly from their great-grandfather: and thus, especially in +cases where the property was held undivided after the father's death, we +can easily see that second cousins (_i.e._ all who traced back to the +common great-grandfather) might be looked upon as forming a natural limit +to the immediate descendants in any one {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and as the furthest removed +who could claim shares of the ancestral inheritance. + +After the death of the great-grandfather or head of the house, his +descendants would probably wish to divide up the estate and start new +houses of their own. The eldest son was generally named after his father's +father,(140) and would carry on the name of the eldest branch of his +great-grandfather's house, and would be responsible for the proper +maintenance of the rites on that ancestor's tomb. He would also be +guardian of any brotherless woman or minor amongst his cousins, each of +whom would be equally responsible to him and to each other for all the +duties and privileges entailed upon blood-relationship. + +Thus seems naturally to spring up an inner group of blood-relations +closely drawn together by ties which only indirectly reached other and +outside members of the {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +(M66) In the fourth century B.C. this compact group limited to second +cousins still survived at Athens, responsible to each other for +succession, by inheritance or by marriage of a daughter; for vengeance and +purification after injury received by any member, and for all duties +shared by kindred blood. + +This close relation was called {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, and all its members were called +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} _i.e._ any one upon whom the claim upon the next-of-kin might at +any time fall. + +The speech of Demosthenes against Makartatos affords considerable +information as to the constitution of the family-group or {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. The five +sons of Bouselos,(141) we are told, on his death divided his substance +amongst them, and each started a new {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and begat children and +children's children.(142) The action, which was the occasion of the +speech, lay between the great-grandsons of two of these five founders of +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, Stratios and Hagnias, and had reference to the disposal of the +estate of the grandson of the latter, which had come into the hands of the +great-grandson of Stratios. + +One might have supposed that the descendants of Bouselos, with their +common burial ground(143) and so forth, would have ranked as all in the +same {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} under their title of Bouselidai. But it is clear from this +speech of Demosthenes, that too many generations had already passed to +admit of Bouselos being considered as still head of an unbroken {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and +that his _great_-great-grandsons were subdivided into separate {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} under +the names of their respective great-grandfathers, Stratios, Hagnias, &c. +({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK CAPITAL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK CAPITAL LETTER ALPHA WITH DASIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}).(144) + + + + + 2. Limitations In Respect Of Succession Outside The Direct Line Of +Descent. + + +(M67) The Gortyn law quoted above in the previous section goes on:-- + + + v. "If (a man or woman die and) they have no children, the + deceased's brothers and brother's children or _grandchildren_ + shall have the property. If there are none of these, the + deceased's sisters, their children or _grandchildren_. If there + are none of these, to whom it descends of whatever grade they be, + they shall inherit the property." + + +This clause takes the evidence one step further, and it is noticeable how +the right of inheritance is determined by the great-grandchild of the +common ancestor. In the direct line, a man's descendants down to his +great-grandchildren inherited his estate. In dealing with inheritance +through a brother of the deceased the heirship terminates with the +_grandchild_ of the brother, who would be great-grandchild of the nearest +common ancestor with the previous owner of the estate. If there is no +brother, the child of the cousin limits the next branch, as will be seen. + +(M68) Isaeus(145) describes the working of the then-existing (c. 350 B.C.) +law of inheritance at Athens as follows:-- + +The law gives "brothers' property" (i.e. property without lineal +succession) to + + + 1. _Brothers_ by the same father, or brother's children, for these + are related to the deceased in the nearest degree; + + + 2. _Sisters_ by the same father, or sister's children; + + + 3. _First cousins_ by the father's side as far as _cousin's + children_ ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} + _{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}_). + + + Failing these, recourse is had back again into the family ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} + {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) and the law makes those related through + the _mother_ of the deceased, masters ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) of the family (and + inheritance) in the same order as on the father's side from the + beginning. + + +That is to say, failing first cousins once removed, the inheritance goes +back and begins again at the mother of the deceased, who however, being a +woman, can only inherit on behalf of her issue, present or +prospective.(146) If she has married again and has a son (half-brother to +her deceased son) he would inherit. Failing her issue, her brother and so +on to first cousin's children of the deceased, through his mother, would +have the inheritance. + +Failing these, the nearest kinsman to be found on the father's side, of +whatsoever degree, is to inherit. + +(M69) The law as stated by Demosthenes(147) coincides with this:-- + + + "If there are no sons, brothers by the same father (shall + inherit): and their true born children, if there are any, shall + have the share of their father: if there are no brothers or + brother's children the issue of the latter in the same way shall + partake: males and children of males shall have preference (over + females) if they are born of the same (parents), even if they are + further off by birth ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}) [_i.e._ are a generation lower down]. + If there are none on the father's side as far as _cousin's + children_ ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}), the relations on the mother's + side in the same way shall have possession ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}). But if + there are none on either side _within these degrees_, the nearest + of kin on the father's side shall have possession." + + +Whenever this law is quoted the limit of relationship laid down therein +for the immediate {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} is always that of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, or sons of +first cousins, who inherit from their first cousins once removed (_oncle +la Brtagne_, or Welsh uncle as this relation has been called). +Occasionally the patronymic form {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} is used, apparently with the +same signification, though properly {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} would mean sons of two first +cousins, _i.e._ second cousins.(148) + +(M70) It appears from the evidence reviewed hitherto, that any +great-grandson could inherit from any grandson of a common ancestor, and +the conclusion also seems to be justified, that the group of +great-grandsons were considered to divide up their right to inherit once +for all, and that having done so, with respect to that inheritance they +were considered to have begun a new succession. To put it differently, in +case of the death of one of these second cousins, after the final division +of their inheritance had taken place, the rest of the second cousins would +have no right to a share in his portion; an heir would have to be found +within his nearer relations. Thus, they share responsibilities towards any +of their relations within the group and higher up in their families, and +also stand shoulder to shoulder in sharing such burdens as pollution and +so on, but are outside the immediate {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} with respect to each +other's succession. The reason for this will perhaps be more apparent as +the argument proceeds. + +That the grandson of a first cousin was outside the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} is clear +from the speech of Demosthenes already mentioned,(149) where the +plaintiff, who originally stands in that relationship to the deceased +whose inheritance is in dispute, is adopted as son of his grandfather +(first cousin of the deceased), in order to come within the legal +definition of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +That the son of a second cousin was also without the pale is directly +stated in several passages in Isaeus. + +(M71) It must be remembered that by "inheritance" is meant the assumption +of all the duties incumbent on the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, and that the man who +"inherited" took his place for the future as son of the deceased in the +family pedigree, and reckoned his relationship to the rest of the {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +thenceforth from his new position, in the house into which he had +come.(150) + +(M72) Now if it is true that to the great-grandson was the lowest in +degree to which property could directly descend without entering a new +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and if that great-grandson was also looked upon as beginning with +his acquired property a new portion of the continuous line of descent; any +one, who "inherited" from him and ranked in the scale of relationship as +HIS SON, would necessarily fall outside the former group and would be +considered as forming the nearest relative in the next succeeding group. +This, it seems, is the meaning of the language of the law which limits the +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} to the children of first cousins who could inherit from their +parent's first cousins, and still _retain their relationship as +great-grandsons_ of the same ancestor. Whereas any one taking the place of +son to his second cousin would be one degree lower down in descent, and +pass outside the limit of the four generations. The law makes the kinsmen +therefore exhaust all possible relationships _within the group_ by +reverting to the mother's kindred with the same limitation before allowing +the inheritance to pass outside or lower down. + +(M73) In confirmation of this view the following passage may be quoted +from _Plato's Laws_:-- + + + "He who in the sad disorder of his soul has a mind, justly or + unjustly, to expel from his family a son whom he has begotten and + brought up, shall not lightly or at once execute his purpose; but + first of all he shall collect together his own kinsmen, extending + to (_first_) _cousins_ ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}), and in like manner his + son's kinsmen by the mother's side,(151) and in their presence he + shall accuse his son, setting forth that he deserves at the hands + of them all to be dismissed from the family ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~})."(152) + + +Before dishonouring one of the family and so bereaving it of a member +owing duties which, by his disinheritance, may fall into abeyance or be +neglected, the parent calls together all to whom his son might perhaps +ultimately become the only living representative and heir, and who might +at some future time be dependent on him for the performance of ancestral +rites. That this was in Plato's mind when he wrote is shown by the next +sentence, in which he provides for the possibility of some relation +already having need of the young man and being desirous to adopt him as +his son, in which case he shall by no means be prevented. The concurrence +of all relations in such a position was therefore necessary. + +In other cases where Plato mentions similar gatherings of the kin but for +different purposes, he extends the summons to _cousin's children_. But +here it can be seen they would have no place. They would be second cousins +to the disgraced youth; they might have to share privilege or pollution +with him, but had no claim on him for duties towards themselves. He would +be "cousin's son" to his father's first cousins--the limit of such a claim +in the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + +(M74) In the speech of Isaeus concerning the estate of Hagnias, a real +second cousin is in possession of the estate. He won the case at the time +and died in possession, and an action against his son Makartatos for the +same property is the occasion of one of the speeches of Demosthenes. To +fully understand the relationships referred to in these cases, the +accompanying genealogical tree of the descendants of Bouselos may be of +assistance. It will also serve as an example of how a kindred hung +together, and how by intermarriage and adoption the name of the head of an +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was carried on down a long line of male descendants. + +[Illustration: Family tree of Bouselos.] + +Theopompos, in the speech of Isaeus, had taken possession of the estate of +his second cousin Hagnias, as his next of kin and heir. Throughout the +speech he is styled {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} so as to bring him within the phraseology +of the law, and he successfully defends himself from the claims of the +next generation below--viz., his brother's son. But in the speech of +Demosthenes against his son Makartatos, who had taken possession at his +father's death of the disputed property, it is represented that his father +had got possession only by defeating another claimant, Phylomache II., by +"surprise," as it was called, by stating that her grandmother through whom +she traced her claim was only half-sister to Hagnias' father. But +Phylomache's husband, having caused their son Euboulides III. to be +adopted as the son of Euboulides II.--his wife's father and Hagnias' first +cousin, a quite regular course for the grandson inheriting through his +heiress mother--proved that his wife's grandmother was whole sister to +Hagnias father, and brought the action under the guidance of Demosthenes +against Makartatos. This Euboulides III. sued as true {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} and +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} of Hagnias.(153) He is described as having "one of +the titles mentioned in the law _as far as which_ the law bids the +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} go, for he is _cousin's son_ to Hagnias." + +On the other hand, Theopompos, father of Makartatos and second cousin of +Hagnias, is mentioned(154) as "being of a different {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} altogether," and +not at all related in such a way as to be heir of Hagnias ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMEGA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH DASIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} _{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}_ {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}), +being too far off in the family (or by birth). + +That the title of Theopompos (viz., second cousinship) was not valid, may +be inferred partly by the ruses he adopted to get possession, but more +especially by the fact(155) that none of the other second cousins on a par +with him, and with whom he ought to have shared, seem to have believed in +the validity of their titles, or at any rate taken the trouble to sue for +part of the estate. + +However this may be, there does not seem anything in these speeches other +than confirmatory of the view stated above of the composition and +limitation of the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + + + + + 3. Division Amongst Heirs. + + +(M75) Succession to the inheritance of an estate was ordained by law in +strict accordance with the ancient conception of the unity of the family. +On the death of the head of a family, unless the paternal {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was +voluntarily continued unbroken by his descendants, the natural course was +for each son ultimately to live apart and found a separate {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +consisting of himself and his offspring. Equal division amongst heirs was +therefore the rule in Greece; equal division, that is to say, between all +of equal grade. + +(M76) The Gortyn Laws have already been referred to as enforcing the +principle.(156) If a man died, his heirs were either his sons, or his +grandsons, or his greatgrandsons. If he had no children, his brothers, and +their children, or their grandchildren succeeded. + +The Athenian law was conceived in the same spirit, but mentions a further +point--viz., that in the division amongst sons, the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of any one of +their number who had died before the division, could be represented by his +sons or grandsons, who thus received their father's share. + +This system of representation probably existed also among the Gortynians, +though no mention of it is made in their laws, for it is inconceivable +that any of the grandsons could be deprived of all share in their +grandfather's estate by the mere death of the intermediate generation. + +But the division _per stirpes_ was not maintained throughout. It is +probable from the words of the Attic orators that equal division amongst +all of the same grade, such as nephews or cousins, took place _per +capita_, any deceased member of that grade being represented by his sons. +Representation, of course, could not take place in the case of a division +amongst cousins' sons, owing to the strict limitation of the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} to +four generations from the common ancestor; any deceased relation in that +degree therefore simply dropped out of the succession. + +(M77) It has generally been assumed that grandsons inheriting directly +from their grandfather, all the intermediate generation being already +dead, inherited none the less the shares of their respective fathers _per +stirpes_. But if the foregoing account of the unity of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and its +resemblance in its composition to the household of the Welsh tribal system +be correct, it seems more reasonable to suppose that, all the intermediate +generation being dead, the grandsons, in virtue of being all equally +related to their grandfather, would inherit in equal shares _per capita_. +Any dead grandson would of course be represented, as before, by his son or +sons. + +(M78) The evidence is not sufficient to justify more than a suggestion on +either side with regard to divisions amongst lineal descendants. With +regard to successions by relations outside of the direct line of descent, +such as nephews or cousins, it is almost certain that all of the same +degree took equal shares _per capita_. + +Following the law for daughters, quoted by Demosthenes(157)--viz., that +though all shared the inheritance of the property, only one need be dealt +with in view of securing the succession--the assumption can be made that, +when there were several heirs related in the same degree to the former +owner of the estate, one of their number would be set apart to continue +the household of their kinsman as his son, whilst the others merely took +their shares of the property divided to continue their own {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +respectively. + +The equal division of inheritance amongst kinsmen of equal degree _per +capita_, in combination with the system of representation above described, +is entirely consistent with the tribal conception of the household as +hanging closely together, its members always looking up to their venerable +head, in whom the ownership of the property vested, until by the death of +older generations and the consequent subdivision, each in his turn became +head of an {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and owner of its share in the ancestral property. + + + + + 4. Qualifications For The Recognition Of Tribal Blood. + + +(M79) It has been remarked above with what jealousy the purity of the +blood of the community was guarded. No child was admitted into the kindred +of its father until all concerned were fully convinced of the +blamelessness of its pedigree. In such circumstances it was no easy matter +to acquire the privileges attached to the possession of tribal or citizen +blood. It seems to have been considered that however great otherwise the +claims of a stranger might be, time alone could really render the +qualifications of his family complete. + +(M80) Under the ancient Laws of Wales no stranger's family could acquire +the full privileges of a Welsh tribesman or Cymro, as regards location on +land, until after many generations. But if they married Welshwomen, and +held land from generation to generation, the _greatgrandsons_ became fully +privileged tribesmen.(158) Similarly if a stranger voluntarily assumed the +position of serf to a Welshman, and his descendants did not choose to +depart, but remained in that position to the descendants of the Welshman, +the _greatgrandsons_ of the Welshman became proprietors of the +greatgrandsons of the stranger.(159) + +(M81) But for the stranger who merely resided in Wales and did not marry +into any Welsh tribe the period of probation was _three times as +long_--viz., the greatgrandson of the greatgrandson of his greatgrandson +was the first to attain to full tribal privilege-- + + + "Strangers and their progeny are adjudged to be aillts; also a + reputed son who shall be denied and his progeny, and evildoers of + federate country and their progeny, _unto the end of the ninth + descent_."(160) + + +_i.e._, the tenth man would no longer be reckoned an _aillt_ but a free +Cymro. + +The issue of a stranger obtains the privilege of a tribesman _in the +fourth person_ by legitimate marriages.(161) But the aillt or stranger, +who dwells in Cymru, does not attain until the _end of the ninth descent_. + +So too inversely:-- + +The title to inherit by kin and descent in the tribal land and rights of +his ancestors does not become extinct _till the ninth man_. The ninth man +in descent from a banished tribesman coming home and finding his title as +representative of his family seemingly extinguished, is to raise an outcry +that from a proprietor he is becoming a nonproprietor, and the law will +shelter him and adjudge him an equal share with the occupants he finds on +the land. This is called the "outcry across the abyss." The tenth man's +outcry cannot be heard. "Others say" that the ninth man is too late to +raise the cry.(162) + +This is exactly parallel to the case of the stranger resident in Cymru. +For _nine_ generations he is a stranger, and in _the tenth_ a Cymro. Here +for _nine_ generations is the Cymro abroad a tribesman, and in _the tenth_ +he is a stranger. + +(M82) From a passage in Deuteronomy it would appear that the +qualifications for admission as a full tribesman amongst the Israelites +were identical with those just mentioned. + +The Israelites had purified themselves of the ancestor worship, that so +long survived in Greece, and had, if one may say so, amalgamated all their +minor deities and tribal superstitions in their one great monotheistic +religion. Even then their tribal minds could not carry back their theology +behind the known history of their own ancestors. Their God was the God of +Abraham, Isaac, and Jacob, and was in their conception the greatest of +Gods--_i.e._, greater than the Gods of other peoples, the existence of +which their own beliefs did not preclude. Thus where in Attic writers we +have mention of the religious rites of the family (which a stranger or +polluted man might not approach), and of the partaking therein as proof of +the whole admission and pure blood of those present, so in Deuteronomy the +expression "the Congregation of the Lord," is used to denote that sacred +precinct, forbidden to all save pure tribesmen of Israel. + +It may be inferred from the following passage that if a stranger resided +in Israel, and his family continued to do so for nine generations, the +tenth generation would in any ordinary case be admitted to the +Congregation of the Lord as full Israelites. + + + Deut. xxiii. 2 and 3. "A bastard, or an Ammonite, or Moabite shall + not enter into the congregation of the Lord _even to their tenth + generation_, for ever." + + +(M83) In special cases (exactly as was the rule in Wales)--such as the +Edomite who was partly akin already, and the Egyptian who was united to +the Israelites by the mysterious bonds of hospitality--a shorter sojourn in +the land was held to qualify for full tribal privilege. + + + Deut. xxiii. 7 and 8. "Thou shalt not abhor an Edomite, for he is + thy brother: thou shalt not abhor an Egyptian, because thou wast a + stranger in his land. The _children_ that are begotten of them + shall enter into the congregation of the Lord _in their third + generation_." + + +The third generation of _children_ would be the _greatgrandchildren_ of +the original settler, and this is just one third of the length of time +implied as required from the ordinary stranger, who only attained the +tribal privilege in the third succession of greatgrandchildren. + +It is worth notice in this connection that the land of Canaan was divided +up in the names of the _greatgrandchildren_ of Abraham, to whom the +promise was made; Ephraim and Manasseh, the sons of Joseph, taking their +place amongst the others by adoption as sons by their grandfather Jacob, +on an equality with his other sons.(163) + +(M84) These rules are not to be found with the same distinctness surviving +at Athens, but there is a good deal of evidence showing how jealously the +introduction of strangers to citizenship--which retained much that made it +the later equivalent of the tribal bond--was regarded. + +Strangers made citizens (formally, ceremoniously, and by public vote) by +the Athenian people cannot hold office as archon or partake of a holy +office ({~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}); but their _children can_, if they are born from a +citizen wife duly and lawfully betrothed.(164) That is to say, that the +Athenians considered it necessary that there should be actually citizen +blood in the veins of all who held office amongst them.(165) + +(M85) The abhorrence in which the introduction of alien blood was held is +illustrated by the Athenian law concerning marriage with aliens, quoted by +Demosthenes in his speech against Neaera. + + + _Law_: "If an alien shall live as husband with an Athenian woman + by any device or contrivance whatever, it shall be lawful for any + of the Athenians who are possessed of such right, to indict him + before the judges. And if he is convicted, he shall be sold for a + slave and his property confiscated, and the third part shall + belong to the person who has convicted him. And the like + proceedings shall be taken if an alien woman live as wife with an + Athenian citizen, and the citizen who lives as husband with an + alien woman so convicted shall incur the penalty of 1,000 + drachm." + + +(M86) Citizenship was considered the highest of privileges, and was +conferred only on persons worthy of great honour. Any citizen could bring +an action against the newly-admitted stranger to test his real merits, and +even after formal acceptance by the people of Athens, if he failed to +justify his claims at such a trial, his new honours were stripped from him +and he remained an alien. This being so, it cannot be expected in the +comparison that he should rank with the ordinary resident in Cymru in the +Welsh Laws, but rather as the chieftain whom the people wished to honour +by admission to their tribe. + +It is stated in the Welsh Laws that the _son_ of a stranger chief, to whom +honour was to be given, entered the whole privilege of the tribe. + +(M87) According to Aristotle,(166) candidates for archonship at Athens +were asked their father's name and his deme, their grandfather's name and +his deme, their mother's and her father's name and his deme;(167) whether +the candidate had an Apollo Patroos and Zeus Herkeios, and where these +shrines were: also if he treated his parents well and paid his taxes. + +In order to be perfectly sure that the candidate was of full and pure +blood, they investigated the condition of both his grandparents, and, as +further proof, assured themselves that he had a house and property of his +own, and that too inherited from his ancestors. Furthermore, he must be +guilty of no impiety towards his parents or the State. + +If it were the case at Athens that the fourth generation from a stranger +was considered as having attained to the rights of a citizen, it mattered +little what a man's _greatgrand_father was. He might have been an alien, +yet if the intermediate ancestors were "in order," the candidate would +have acquired the full blood.(168) + +(M88) In the _Oedipus Tyrannus_,(169) Sophocles apparently uses the +expression "slave from the _third_ mother" as implying that three descents +were considered to confirm the position of the fourth generation as slave +or citizen, or whatever the case might be. Oedipus assures Jokasta that +_her_ pedigree and status will remain unimpugned, even though the enquiry +he is prosecuting establish him thrice-born a slave from slave mother, +slave grandmother, and slave greatgrandmother. + +In elections for sacred offices, which appear to have been about the last +things laid open to the new citizen, the possession of three generations +of privileged ancestors was in some places insisted on. There is an +inscription to this effect belonging to Halikarnassos;(170) and some +similar rule seems to have held good among the Jews. + + + "These sought their register among those that were reckoned by + genealogy, but it was not found; therefore were they, as polluted, + put from the priesthood (_{~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}_ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~})."(171) + + +The book of Nehemiah closes with the triumphant verse: "Thus I cleansed +them from all strangers." + +(M89) The rule in the _Ordinances of Manu_ for the recovery of Brahman +caste is just halfway between the tenth and the fourth generations--namely, +the seventh, or _greatgrandson of the greatgrandson_ of the first +halfcaste. This is only the case when each generation marries a Brahman +wife. + + + "If (the caste) produced from a Brahman by a udra woman keeps + reproducing itself by nobler (marriage) this ignoble attains a + noble family _at the seventh union_ (Yuga)."(172) + + +Thus:-- + + + If (1) the halfcaste marries a Brahman woman and + (2) his son do. + (3) his grandson do. + (4) his _greatgrandson_ do. + (5) _his_ son do. + (6) his grandson do. + (7) his _greatgrandson_ do.--at last his family is restored to + their lost high caste. + + + + + 5. Limitations Of Liability For Bloodshed. + + +(M90) The {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, limited to relations within the same degrees as for +other purposes, seems to be the unit in the case of pollution of the +kindred by the death--violent or natural--of one of their number. + + + "Whosoever(173) being related to the deceased on the male or + female side of those _within the cousinship_ ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), + shall not prosecute the murderer when he ought and proclaim him + outlaw, he shall take _upon himself_ the pollution and the hatred + of the gods ... and he shall be in the power of any who is willing + to avenge the dead...."(174) + + + "The pollution cannot be washed out until the homicidal soul which + did the deed has given life for life and has propitiated and laid + to sleep the wrath of the whole family" ({~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}).(175) + + + "If a brother wound a brother ({~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) the parents ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) + and the kinsmen ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}) to _cousins' children_ on male and + female side shall meet and judge the case."(176) + + +Ransom was forbidden; citizen was bound to citizen with ties that had +inherited too much of the tribal sanctity to admit of any extenuation of +the extreme penalty. + +It was no doubt a wise policy on the part of the legislators, with the +view to the preservation of respect for life and property, to make the +responsibility for murder rest as widely as possible, and include as many +relations and connections on both sides as might be. In order also that +the wife, in case her husband was killed, and the daughter, in case her +father was killed, might be fully protected and represented among the +prosecuting kindred, the law of Draco seems to lay the necessity for +action also on the father-in-law and the son-in-law. The _phratria_, being +such a compact organisation and exacting such formal admission of its +members, would naturally be concerned to see that justice was dealt to any +of its number. Though we cannot include the _phratores_ amongst those +directly responsible equally with the near kinsmen for crimes committed by +one of their number, they would always have to take a certain part in +whatever was necessary to bring him to justice, besides being generally +concerned in all matters relating to kinship, which affected any member of +their _phratria_. + +(M91) "Proclamation shall be made against the murderer in the agora within +[? his] cousinship and (the degree) of a first cousin, and prosecution +shall be made jointly by cousins and _cousins' children and descendants of +cousins_, and sons-in-law and fathers-in-law and _phratores_." + +That Demosthenes here quotes a genuine law of Draco is proved by an +inscription found at Athens belonging to the year 409 B.C., recording this +sentence as part of the law of Draco about murder.(177) + +In another place Demosthenes thus refers to the action of this law:-- + +"The law commands the relations to go forth and prosecute as far as +descendants of cousins; and in the oath it is defined what the +relationship actually is, etc."(178) + +The use of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} in addition to {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} in Draco's law above is +emphatic as implying that as regards pollution the group of relations to +second cousins were treated _en masse_ as under the stain; they had not +yet, so to speak, reached the point where they could divide up their +responsibility. + +(M92) If the murder was committed within the narrow limits of the +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} itself, the double pollution of the bloodspilling and the blood +spilled rested upon the whole group with overwhelming force. + +Plato(179) treats of such a calamity and prescribes the remedy. If a man +slay his wife, or she her husband, his children are orphans; their debt of +maintenance to their parent is cancelled; he must flee; they possess his +goods. If he is childless, his relations shall meet _to the children of +his cousins_ on the male and female side (_i.e._ all his possible heirs) +and shall elect not one of themselves, but a younger son of some other and +pious family to bring in new blood with better fortune to counteract the +curse, as heir to the house ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}), introducing him to +the father of the banished (or deceased) man and to those further back in +the family ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}), calling him their _son_, the continuer +of their family ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}), their hearth-keeper ({~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), and minister +of their sacred rites.... But the guilty man they shall "let lie," +nameless, childless, portionless for ever.(180) + +(M93) In the ancient Laws of Wales the blood-fine takes a very important +position. But whereas all the relations of the murderer are liable to be +called upon to pay the "Spearpenny," as it is called, only the inner +kindred within fixed degrees contribute proportionally to the payment of +the price. The group upon which this responsibility falls is twice as +large in the Welsh Laws as at Athens, and includes _fifth_ cousins, or the +greatgrandchildren of greatgrandchildren of a common ancestor. + +The Dimetian Code describes the relations who pay galanas as follows.(181) +Those beyond only pay "spearpenny." + + Father and mother. + Grandfather. + Greatgrandfather. + Brother and sister. + First cousins. + Second cousins. + Third cousins. + Fourth cousins. + Fifth cousins. + +According to the Gwentian Code, _fifth_ cousins share. "There is no proper +share, no proper name in kin further than that."(182) + +The Venedotian Code states that galanas is paid by the kindred: two parts +by the relations of the father, one part by the relations of the mother, +to _sixth cousins_. All kindred after sixth cousins pay spearpenny.(183) + +The sixth cousin is also called "kinsman son of a fifth cousin, and then +_the father (i.e. the fifth cousin) pays it_, because his relationship can +be fixed, _but the relationship of his son to the murderer cannot_." + +(M94) The defilement of carrying out a corpse and assisting at a funeral +also covered the same area of relationship at Athens--_i.e._ the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. +The house of the dead man was only to be entered by those naturally +polluted. + + + "After the funeral no woman to enter the house save only _those + defiled_; to wit--mother, wife, sisters, and daughters; beside + these not more than five women and two girls, _daughters of first + cousins_: beyond these, none."(184) + + +Demosthenes quotes the law of Solon to the effect that-- + + + "No woman under sixty years old to enter the house or follow the + corpse except those within {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}): no woman _at all_ may enter the house after the carrying + out of the corpse except _those within_ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}."(185) + + +All those near of kin assist in the funeral. + +The payment of the blood-fine by the whole family of the murderer was +considered necessary to allay the vengeance and anger of the family of the +murdered man within the same area of relationship. In Wales the members of +the family who received the galanas, did so in proportion to the +importance of their position in the transmission of the kindred blood, +according to a classification identical with their proximity in +relationship to the dead man, and their expectation of inheritance from +him or succession to his place. + +(M95) The inclusion of the mother's relatives and their liability in these +circumstances, in addition to the paternal relations, follow naturally +enough in Wales as in Greece when once the transmission of inheritance +through a woman, in default of male heirs, had become a recognised +possibility. A woman's sons might always be called upon under certain +circumstances to take inheritance from _her_ father or next of kin. They +therefore quite fairly shared in the claims as well as the privileges of +their position. And _vice versa_, in exchange for the priceless guarantee +of continuity provided by a woman's offspring to her relations, they too +would be prepared to undergo a part of the penalties incurred by any of +those who might rank some day as their next of kin, or as their sons. + +This view of the source of their recognition as members of the kindred +responsible for the blood-fine in Wales is confirmed by a statement in the +Venedotian Code.(186) Those women and clerks who can swear that they will +never have children, and so are useless for the preservation of continuity +in the families to which they belong, are specially exempted from +contribution to the galanas, inasmuch as they have forsworn the privilege +of attaining through posterity a share in the immortality on earth of +their kindred. + + + + + +CHAPTER IV. THE RELATION OF THE FAMILY TO THE LAND. + + +{~GREEK CAPITAL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ETA WITH DASIA AND VARIA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~}, {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER NU~}, ... +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}, +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}, {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} +{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + +Homeric Hymn. + + + + + 1. The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And Its Form. + + +In trying to realise the methods of land tenure amongst the Greeks, we are +baffled by the indirectness of the evidence available. + +(M96) We know that the estate which descended from father to son, and was +in theory inalienable from the family of its original possessors, was +called a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or "lot," but the familiarity with which the poets, +historians, and orators use the word does not afford information as to +what the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} really was and how it was made use of in practice. The law +concerning these family holdings, says Aristotle,(187) and concerning +their possible transmission through daughters was not written. It was a +typical example of customary law. This statement gives a hint as to the +usual treatment of questions arising under this head. Methods of land +tenure were not of rapid growth, nor were they easily changed; they had +their source with the slow devotion to agriculture of pastoral tribes, and +were dependent on a class unaffected by the growth of education and the +arts. + +(M97) The intricate connection of the system of land tenure with the +composition of the family removed the consideration of questions of +ownership from the sphere of written law, and delegated them to the most +conservative department of customary procedure, ranking them on a par with +questions of family religious observances.(188) The deposit of some +ancestor's bones in a certain field was occasionally a valuable link in +the title to possession of that piece of land as private property;(189) +and the possession of land at all was in part a guarantee of the pure +native blood in the veins of the possessor.(190) It is a striking +illustration of the truth of this that, throughout all the extant speeches +of Isaeus dealing with the disposal of {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} of dead citizens, not a +single case turns upon evidence for or against a sale or transfer of +property. The speeches all deal exclusively with family matters; the line +of argument always leads to the proof of near kinship by blood or adoption +to the previous owner; and the right of possession of the inheritance +seems taken for granted as following incontrovertibly the establishment of +the required relationship.(191) + + + "It seems to me that all those who contend for the right of + succession to estates, when like us they have shown themselves to + be both nearest in blood to the person deceased, and most + connected with him in friendship ({~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~}), are dispensed from + adding a superfluity of other arguments."(192) + + +(M98) In the early settlements, as Thucydides tells us, necessity was the +ruling motive. Each man devoted his attention to providing the necessaries +of life. There was superfluity neither of chattels nor of tilth. Men +hesitate to sow when the harvest is to be reaped by their enemies.(193) +The flocks and herds of the pastoral tribes could be driven for safety +into the mountain strongholds; yet even they were liable to frequent +losses. On one occasion Odysseus had to go to Messene "to recover a debt; +which, to wit, the whole people owed him ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}): for the Messenians +had lifted 300 sheep with their shepherds from Ithaka."(194) As the +newcomers increased in numbers and gained a reputation for ability to +defend their own, sufficient to discourage the attacks of their +neighbours, they would have leisure to devote some of their energies to +the cultivation of the plains around them. Troy was founded first up in +the hills,(195) and afterwards was moved down to a good position on the +lower ground for the sake no doubt of the better pasture in the river +meadows, and of the agriculture which had long been carried on over the +"wheat-bearing plain" around the city,(196) before the ravages of the ten +years' war. + +It is not proposed to enter in detail into the _methods_ of cultivation of +the soil in vogue at various times in Greece; but inasmuch as whilst +studying the kernel, assistance may often be obtained from knowledge of +the shell, mention may be made in passing of such few points of interest +in the physical features of agriculture as may be available. + +(M99) In the Consular Reports on Land Tenure in Europe made in 1869, +descriptions are given of the existing methods of tenure and cultivation +in Greece and the Islands. + +In Greece the usual holding of a small proprietor is said to be of fifteen +to twenty-five acres (or sometimes double that area), and is called a +_zeugarion_.(197) Many have only a couple of acres. + + + "The greatest inconvenience and frequent lawsuits arise from the + manner in which these properties intersect each other. Moreover + none of the usual precautions are adopted to mark the limits of + the different properties, which, in the absence of any reliable + land survey, are often very vaguely described in the title + deeds."(198) + + +In cases of intestacy real property is divided equally among the children +or nearest relatives. When there is a will the testator can only reserve +for his disposal a share of the estate equivalent to that which, after an +equal division, descends by right to each of the direct heirs. + +(M100) Professor Ansted, in his book on the Ionian Islands in the year +1863, thus describes the management of an estate on the Island of Santa +Maura:--(199) + + + "According to Ionian law, all the members of a family share + equally in the family property after the death of the father; but + it does not follow as a matter of course that the property is + divided. It is much more usual that the brothers and sisters, if + young, continue to live together till they either marry or + undertake some employment or business at a distance. If a sister + marries, she is dowered with a sum equivalent to her share. If a + brother however earns a separate income, from whatever source, + whether he be married or remain single, and whether he live in the + same or a different house, or even remove to another town or + island, he pays in all his income to a joint fund, _the foundation + of which is the income obtained from the paternal estate_. Those + who do nothing else manage the estate. One brother, perhaps, + remains in the village as cultivator, another lives in the town + acting as factor, or merchant to the estate, receiving and selling + the produce and managing the proceeds, whatever the case may be; + and in addition selling, exporting, and otherwise conducting a + general business in the same department. A third may perhaps + receive and sell the goods in a foreign country. A fourth may be a + member of the legislature, and a fifth a judge. Some marry and + have families, others remain single: but the incomes of all are + united, each draws out a reasonable share, according to his needs, + and a very close account is kept of all transactions. If one + brother dies, his children come into the partnership; and as time + goes on, these again will grow up and marry, the daughters + receiving a proportional and often large dower out of the joint + fund, entirely without reference to the special property of their + parents. This may go on indefinitely: but as family quarrels will + arise, _there are always means of terminating the arrangement_, + and closing accounts, either entirely as regards all, or partially + as with reference to a _mauvais sujet_, or troublesome member of + the partnership.... This curious patriarchal system, though + obtaining more perfectly and frequently in Santa Maura than in the + other islands, exists in Cephalonia and is said to be not quite + unknown in Zante, where the state of society approximates far more + to that common in the western countries of Europe. Santa Maura, + being the most isolated of all the islands and that which retains + all ancient customs most tenaciously, is naturally that in which + this sort of communism can exist with smallest risk of + interference." + + +According to the Consular Reports, the relations between landlord and +tenant are governed more by local usage than by law, and the landlord +generally takes on an average about 15 per cent. of the produce in kind on +the threshing-floor, as rent, in cases where he does not supply more than +the bare use of the land.(200) + +(M101) There is little manuring; the light plough barely turns the surface +of the land. Land is usually allowed to lie fallow every other year, +sometimes two years out of three. Sheep and goats are the chief stock; +they of course graze in summer on the mountains; villages sometimes own +forests and waste lands in common. + +(M102) In the islands of the Archipelago,(201) the holdings are frequently +divided into separate plots consisting of a quarter or half acre apiece or +even less, intersected by those belonging to other parties. Cattle are +pastured on the fallow, roadsides, &c., near the village. + +In Cephalonia,(202) holdings consist of from five to twenty-five acres, +seldom in a continuous piece, but "cut up into patches and intersected by +other properties." + +In Corfu,(203) the holdings are similar--infinitesimally small and +intermixed pieces of land, especially in the olive groves, where however +there are no divisions on the land and the "oldest inhabitant" has to be +asked for evidence of ownership in disputed cases. + +Throughout the Greek nation, the peasants live in their houses in villages +and not on separate estates. They help one another to avoid the expense of +hired labour, and themselves work for hire on the estates of the large +proprietors. + +(M103) Professor Ridgeway has drawn attention to the knowledge of this +open field system in the _Iliad_ and _Odyssey_;(204) and indeed the +division of the land tilled by occupants of villages into small pieces or +strips, in such a way that the holding of each consists of a number of +isolated pieces lying promiscuously amongst the strips of others, over the +whole area under plough, is a world-wide custom and is the habit alike of +the east as of the west. + +Though the assertion cannot yet be made that the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was thus arranged +on the soil, it can do no harm at any rate to bear in mind this ancient +and still used method of dividing land, whilst considering the question of +the relation of the ownership of the soil to the rank and status of the +tribesman. + + + + + 2. The Relation Of The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} To The {~GREEK CAPITAL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +(M104) The connection of the possession of land with the headship of the +family finds its counterpart in the right of maintenance of those who had +the true blood of that family. And in those countries where the sons +remained until their father's death under his _patria potestas_ they had +to look to him for maintenance derived from the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} which descended to +him as the means of sustenance for himself and his family. Where the head +of the family alone was responsible for the rites to the dead at the +family altars, the position of a son would always be incomplete if he +tried to establish during his father's lifetime a hearth and household of +his own. And it has been already mentioned that it was necessary to +emancipate a son from the family of his own father, before he could take +property, passing on the death of his mother's relations to her issue, and +assume his rightful position as their representative and the living head +of their household.(205) + +According to Harpocration, the initiation into the mysteries of the hearth +only took place on the actual assumption of the inheritance.(206) + +(M105) Occasionally a father feeling the weight of years would be glad to +pass on to his son during his lifetime some of his burden of +responsibility by making him master of his estate ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}).(207) In this case, the son would be responsible for the +maintenance of his parent, a duty much insisted on by Plato and Isaeus. In +fact the conclusion is justified that the family, until final subdivision +into separate {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, drew its supplies from the common inheritance, and +that the subdivision of the means of subsistence was contemporaneous and +co-extensive with the differentiation of the various branches of the +original {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} along the lines of the rising generations. + +The same may be inferred from the words of Demosthenes describing the +division of the property of Bouselos amongst his sons and the foundation +of their several {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. + + + "And all these sons of Bouselos became men, and their father + divided his substance amongst them all, with perfect justice. And + they having shared the substance, each of them married a wife + according to your laws, and there were born children to them all, + and children's children, and there grew up five {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} from the one + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of Bouselos, and each dwelt apart, having his own house and + his own offspring."(208) + + +In the meanwhile, before division, all sons had equal right to participate +in the family goods after the father's death, and dowries had to be paid +therefrom to the daughters. The eldest brother was guardian ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of +his sisters and those of his brothers who were minors, inasmuch as he +succeeded to his father's position of head of his kindred at the altars of +their ancestors. But in Greece at any rate his authority over his brothers +when once a division had taken place seems to have been slight if it +existed at all. + +(M106) Amongst the Gods, the three brothers Zeus, Poseidon, and Hades, +sons of Rhea, shared their inheritance from their father Kronos. They +divided everything in three, shaking lots thereover ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}). Each +took equal share of honour ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}), but earth and Olympos were +common ({~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}) to all.(209) But Zeus was the first-born and "knew more +things"--{~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}(210)--and Poseidon +therefore avoided open strife with him, however unwillingly. Though Zeus +be the stronger, grumbles the Sea-god, let him keep to his third share and +not interfere with his brothers' pleasure on their common ground, the +earth. Let him threaten his sons and daughters who needs _must_ listen to +him ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~}). Yet because the Erinnyes ever take the side +of the eldest born--{~GREEK SMALL LETTER OMEGA WITH DASIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}--it were good +counsel to knock under, even though the division was made in perfect +equality ({~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~}).(211) + +(M107) This passage contrasts the recognised autocracy of the head of the +family over his own household with the courteous deference of the younger +brothers towards the eldest; and it is evidence, so far as it goes, that +the eldest brother did not succeed to his father's power over his grown-up +brothers, but owed what influence he did not obtain from the superior +advantages of his age and experience, to a superstitious feeling that +something was due to him in his position of head of the eldest branch of +the family. + +In the _Odyssey_,(212) Zeus gives Poseidon the title of "eldest and +best"--{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}--and elsewhere Hera lays claim to the same +birthright.(213) + +The power of the head of a household must have been something much more +real. Telemachos declares that he is willing that some other _basileus_ in +Ithaka should take the kingship, but he will be master over his own +house--{~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER XI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}--"and over the slaves that the divine Odysseus +won for me."(214) + +In the Homeric Hymn to _Hestia_, that deity receives the title of honour +of firstborn: the poet, by a fanciful blending of ideas, implying that the +honour paid to the sacred hearth by the eldest of the family, fell to her +share as the eldest born of the children of Kronos.(215) + +Aristotle says that every household is ruled ({~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) by its oldest +member,(216) and gives this prerogative of the household-_basileus_ as the +type and origin of the kingship in the village and the State. Reference +has already been made, in the section on the limitations of the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, +to the passage in the Gortyn law, viz.-- + + + "The father shall have power over the children and the property to + divide it amongst them.... As long as they (the parents) are alive + there is no necessity for division."(217) + + +(M108) But it must be borne in mind that though the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was set apart +in theory for the use and sustenance of a head of a family with all his +descendants, and was supposed to be inalienable therefrom, there is no +reason to suppose that there existed among the Greeks a system of joint +holding between father and son. The ownership and management of the +property vested in the head of the family. It is true that brothers did +not always divide their inheritance on the death of their father, but +their undivided right to their respective equal shares remained to each +one and his descendants as an individual property, and they always seem to +have had the expectation of an ultimate subdivision amongst the separate +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} that had sprung into being.(218) + +(M109) The Gortyn Laws throw some light on the subject. + +As long as the father is alive, no man shall buy or receive in pledge from +the son any of the father's property. But what the son himself has earned, +or inherited, he may sell if he like. + +So too the father may not dispose of the goods of the children which they +have earned or inherited. + +Yet may a son's prospective share in his paternal inheritance be sold to +pay any legal fine he has incurred.(219) + +(M110) There is no joint holding here between father and son. The father +is in undisputed possession, and nothing the son can do by private +contract can affect his father's occupation. But if the son had a right of +maintenance from his father during the lifetime of both, his expectation +of succession to an equal share with his brothers would give him, so to +speak, a value in the public eye. In the event of his incurring a +blood-fine, his father would presumably be obliged to pay it out of the +patrimony; and when exaction of such penalties passed into the hands of a +court, exception would hardly be made for long on behalf of the fine for +murder over penalties for other crimes coming before the court. Although +therefore for all ordinary purposes a son had no claim on the paternal +estate beyond his maintenance, his right of succession might easily grow +up in the eye of the law as an available asset capable of forfeiture with +the theoretical assumption that the scapegrace was unfit to hold his +position in the family.(220) His future portion, thus becoming deprived of +a representative, might be wholly or in part confiscated to the State. +There are many inscriptions confiscating to the State the goods of +criminals who transgressed the laws therein; but Plato evidently +contemplated the possibility of wiping out the individual without +depriving his descendants of their inheritance.(221) In such a case as +wife-murder, he says, the husband's right of maintenance is extinguished +from amongst his family, he should be banished and his name wiped out for +ever, whilst his sons or relations enter upon the inheritance of his +property _immediately_. No distinction is made by Plato, or in the Gortyn +Laws in such a case between chattels and land. But inasmuch as all fines +would be levied in the first instance upon the property of the guilty +individual, it may be assumed that his own earnings went first, and that +only in extreme cases would the ancestral land of the family be sold. Even +then, in Israelite law, it was expected that the land would be _redeemed_ +by the nearest relative,(222) so that the result would be that the land +would go out of the family only when no relative could be found rich +enough to pay the fine out of his chattels. + +(M111) It is interesting to find analogous provisions in the customs of +Gavelkind of ancient Kent. Under the system of Gavelkind equal division of +property amongst sons obstinately held its own against the incursions of +the right of primogeniture; and the connection of the family with their +land seems to have been regarded as especially privileged in spite of the +growth of Feudalism. + + + "If any tenant in Gauelkinde be attainted of felonie, for which he + suffereth execution of death, the king shall have all his _goods_, + and his heire forthwith after his death shall be inheritable to + all his _landes_ and tenements which he held in Gauelkinde in fee, + and in inheritance: and he shall hold them by the same services + and customes as his auncestors held them: whereupon, it is said in + Kentish: + + +"The father to the boughe, +"And the sonne to the ploughe."(223) + +(M112) It had become customary to allot to a bastard son who was prevented +by his birth from ranking with his brothers, and who had no place in the +kindred, some smaller substance as a means of subsistence. + +(M113) Odysseus pretends he was in this position, and relates how his +proud brothers allotted him but a small _gift_ ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}) and a house +as his portion.(224) + +Isaeus mentions that, only on the acquiescence of the true son, was +admission granted to a bastard into the phratria. Even then he was not +apparently taken into his father's family, but allotted a farm ({~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~}) +by his brother and, as it were, launched into the world to start a family +of his own, without any further claim upon the property of his +father.(225) + +His introduction and admission to a phratria and deme, as a descendant of +an old family, so far removed the stigma of his birth as to give him the +title of citizen, and thus afforded him the qualification for holding +land. Yet the knowledge of his real parentage bereft him of the right of +sharing equally with the rest of his father's sons, and compelled him to +be satisfied with the bare means of subsistence wherewith to found and +continue a house of his own.(226) + +(M114) When citizenship was conferred upon a beneficent stranger, it was +the custom at the same time to assign him and his descendants a house and +some land. We hear of grants on such occasions consisting of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in +the plain, a house, and a garden free of taxes; a _half_-{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in the +plain, a house and a garden of half the area of the preceding grant, &c. +In the fourth century B.C. a similar grant takes the form of so many +plethra as a patrimony or ever. Sometimes, as at Sparta in the second +century B.C., the estate was allotted to the newly-made citizen only on +condition of residence within the borders of the State.(227) + + + + + 3. The Householder In India: The Guest. + + +(M115) Sir Henry S. Maine in his _Early Law and Custom_(228) quotes Narada +in illustration of the composition of the early Indian family. A son "is +of age and independent in case his parents be dead: during their lifetime +he is dependent, even though he be grown old." + +Further information on this subject is afforded by the Ordinances of Manu, +where the position of the first-born with regard to his younger brothers +is given at some length.(229) + + + (M116) "After both the father and the mother (are dead), the + brothers, having come together, should divide the paternal + inheritance: for while the two (parents) are alive the (sons) have + no power (over the property). + + + "Now the eldest (or best) alone may take the paternal property + without leaving anything, and the remaining (brothers) may live + _supported by him_ just as (if he were their) father."(230) + + + (M117) "By means of the eldest (son) as soon as he is born a man + becomes possessed of a son, and is thus cleared of his debts + towards the manes; therefore this (eldest son) deserves the whole + (inheritance)." + + +Likewise: "If among brothers born of one father, one should have a son, +Manu said _all those brothers_ would be possessed of sons by means of that +son."(231) But this seems to apply only to the son born to the eldest, for +if a younger brother married before the eldest and performed the daily +sacrifices, he sent himself, his brother, and his wife "to Hell."(232) + +The eldest, if he performs his duty, "causes the family to flourish" and +"is most honoured among men." He alone is "duty-born," through him his +father "pays his debt"; other sons are only "born of desire." As long as +his conduct is befitting, he must be honoured "like a father, like a +mother," but if not, he only receives the respect of an ordinary +relative.(233) + +The brothers may live together in this way,(234) but if they divide and +live apart, the separate ceremonies necessitated by their separate +households will multiply the performance of religious duties, to the +advantage of all. + +(M118) The title of _Householder_, moreover, was more than a name. + + + "As all beings depend on air, so all orders depend on the + householder." + + + "Because men of the three (other) orders are daily supported by + the householder alone with knowledge and with food, therefore the + householder (is) the chief order. That order must be upheld + strenuously by one desiring an imperishable heaven, and who here + desires perpetual happiness...." + + + "The seers, manes, gods, beings, and guests also make entreaty to + those heads of families for support. (This duty must, therefore,) + be done by a man of discernment."(235) + + + "As all rivers, ... go to (their) resting-place in the ocean, so + men of all orders depend on the householder."(236) + + + Let a householder perform the household rites according to rule + with the marriage fire and the accomplishment of the five + sacrifices and the daily cooking. The sacrifices are:-- + + + Teaching the Veda is the Veda sacrifice: + Offering cakes and water is the sacrifice to the manes: + An offering to fire (is the sacrifice) to the gods: + Offering of food (is the sacrifice) to all beings: + Honour to guests is the sacrifice to men. + + + "Whoever presents not food to those five, the gods, guests, + dependents, the manes, and himself, though he breathe, lives + not."(237) + + +(M119) The guest takes a very high place, and his presence is a revered +addition to the family sacrifices; so much so that it was thought +necessary to state definitely that "if the guest appears after the +offering to all the gods is finished, one should give him food as best one +can, but should not make (another) offering."(238) + +The same virtue seems to have been considered by the Greeks also to lie in +the presence of the guest. In Euripides' Elektra, Aigisthos, hearing from +Orestes that he and his friend are strangers, promptly invites them to +share as his {~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in his impending sacrifice of a bull to the nymphs, +promising to send them on their way in the morning.(239) + +Earlier in the play during the plotting of Aigisthos' death, it is taken +for granted that directly he sees them he will call them thus to join him +at the sacrifice and the feast.(240) + +Alkinoos expresses the feeling of the Homeric age when he says: + + + "In a brother's place stand the stranger and the suppliant, to him + whose wits have even a little range."(241) + + +Nestor at Pylos, making sacrifice to Poseidon with his sons and company, +welcomes the unknown Telemachos and Mentor to the sacrificial feast.(242) +When the duty of feeding the guests has been satisfactorily accomplished, +he then asks them whether they are merchants or _pirates_, that "wander +over the brine at hazard of their own lives bringing bale to alien men!" + +It would appear that the virtue lay in the hospitality of the host and not +in the worthiness of the guest, and that therefore it was worth while to +run the risk of having invited the presence of a polluted man whose +impiety in not refusing to partake would doubtless fall on his own head. + +(M120) To return to the organisation of the Indian inheritance:--The duty +of maintenance(243) of the younger members of the family devolves upon the +eldest son at the death of his father. If the brothers are all "perfect in +their own occupations," and they come to an equal division, "some trifle +should be given to the elder (brother) to indicate an increased respect +for him."(244) Also if in division there remains over an odd goat or +sheep, or animal, it goes to the eldest brother. + +If any brother has disgraced himself, he does not deserve a share in the +property.(245) + +Sisters' portions are allotted out of all the brothers' shares +equally.(246) + +Property is divided once only.(247) But if "on living together after being +separated, they divide (the inheritance) a second time, in that case the +division should be equal, (as) in that case no right of primogeniture +occurs."(248) + +The father's wealth acquired during his lifetime is at his own disposal, +and need not be divided amongst his sons.(249) Likewise with any property +acquired by the sons.(250) If "any one of the brothers, being able (to +support himself) by his own occupation, does not desire (his share of the) +property," he may be excluded from the division, but "something for his +support" should be given him to discharge his claim of maintenance from +the family at any future time.(251) + + + + + 4. Tenure Of Land In Homer: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +(M121) In the Homeric poems, written, as they are, from an aristocratic or +heroic point of view, a great gulf always exists between the royal or +princely class and the ordinary tribesmen. + +The {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}--the lion of his people(252)--has his select estate, his +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, with orchards and gardens of considerable extent; while the +swarms of tribesmen are allotted their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in the open field, their +share in the common pasture, and depend on each other for help in the +vintage and harvest. + +(M122) The possession of large estates and of multitudinous flocks and +herds was one of the privileges of the chieftain or tribesman of princely +rank. + + + "For surely his livelihood (_i.e._ Odysseus') was great past + telling, no lord in the dark mainland had so much, nor any in + Ithaka itself; nay, not twenty men together have wealth so great, + and I will tell thee the sum thereof. Twelve herds of kine upon + the mainland, as many flocks of sheep, as many droves of swine, as + many ranging herds of goats, that his own shepherds and strangers + pasture. And ranging herds of goats, eleven in all, graze here by + the extremity of the island with trusty men to watch them."(253) + + +Bellerophon migrated from his own country and settled under the patronage +of the king of Lykia.(254) He married the king's daughter, and to complete +his qualification and to confirm his princely status as a {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} of +Lykia, he was allotted by the Lykians an estate where the plain was +fattest on the banks of the river, consisting half of arable, half of +vineyard, the latter presumably on the slopes of the sides of the +valley.(255) Besides these no doubt he had flocks and herds on the +mountains, with steadings and slaves for their protection. It is +improbable that the fattest of the plain was unoccupied before, and it +must therefore be supposed that the system of agriculture was such as to +admit of such a partition and the consequent readjustment, or that the +dispossessed tribesmen had to compensate themselves with land out of the +common waste. + +In somewhat similar wise Tydeus at Argos wedded one of the daughters of +Adrastos, and dwelt in a house full of livelihood; and "wheatbearing +{~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} enough were his, and many were his orchards of trees apart, and +many sheep were his."(256) + +In the description of the Shield of Achilles in the _Iliad_ a vivid +contrast is drawn between the rich harvest of the {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} and the busy +toil of the tribesmen. + + + "Furthermore he set therein a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} deep in corn(257) where + hinds ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) were reaping with sharp sickles in their hands ... + and among them the {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} in silence was standing at the swathe + with his staff, rejoicing in his heart." + + +Meanwhile henchmen are preparing apart a great feast for himself and his +friends, and the women are strewing much white barley to be a supper for +the hinds.(258) + +(M123) But in the great common field all was toil and action; many +ploughers therein drave their yokes to and fro as they wheeled about.(259) +The holding of the common tribesman was not an estate ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) cut out of +the plain, but an allotment ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), probably of strips as in Palestine +to-day, in the open fields that lay around the town. On the wheatbearing +plain round Troy(260) lay the stones that former men, before the ten +years' war, had used to mark the balk or boundary of their strips ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}).(261) One of these Athena uses to hurl against Ares, who, falling +where he stood, covers seven of the _pelethra_ that the stones were used +to divide. A pinnacle of stones is the only boundary to be seen to this +day between the strips of cornland in Palestine. Easily dislodged as these +landmarks were, they were specially protected by a curse against their +removal, and were with the Greeks under the awful shadow of a special +deity of boundaries.(262) They seem however to have been liable to +considerable violation. The ass, according to Homer, being driven along +the field-way, if his skin was thick enough, easily disregarded the +expostulations of his attendants, and made free with the growing +crop.(263) Homer also describes a fight between two men with measuring +rods in the common field,(264) and Isaeus(265) relates how an Athenian +citizen flogged his brother in a quarrel over their boundary so that he +afterwards died, whilst the neighbours, working on their land around, were +witnesses of what took place. + +Land was brought into cultivation, no doubt, as it was wanted. Achilles +contemplates that some of the rich fields of his friends may be +exceedingly remote, so that it would be a great thing to spare the +ploughman a journey to the nearest blacksmith. And no doubt the powerful +men of the community would, by means of their slaves or retainers, acquire +additional wealth by reclaiming lands out of the way and therefore +requiring a strong hand to protect them, which were profitable by reason +of their very fatness.(266) Such acquisitions would not be included in the +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of the prince, the very word {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} implying an area of land cut +out of the cultivated land of the community, generally described as being +in the plain ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). + +(M124) Such allotments of land seem only to have been made to princes and +gods, but when once allotted, remained as far as can be seen the property +of their descendants. It was a common fancy of the Homeric prince that he +was worshipped as a god, and they often mistook each other for some deity. +The godlike Sarpedon asks his cousin Glaukos, wherefore are they two +honoured in Lykia as gods, with flesh and full cups and a great +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(267) + +As the possession of full tribal blood was necessary for the ownership of +a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, so princely blood was the qualification for the enjoyment of a +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. The honoured individual need not be a king or overlord, but +besides his valour he must have in his veins the all-potent blood royal, +without which his privilege was no greater than that of other rich +tribesmen. + +It was not till the king of Lykia had satisfied himself that Bellerophon +was "the brave offspring of a god," that he gave him honour, and the +Lykians meted him out a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(268) This great {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} on the banks of +the Xanthos, half arable and half vineyard, remained in the possession of +his grandchildren, Sarpedon and Glaukos, apparently still undivided, +though they were not brothers but first cousins.(269) + +The king of the Phakians had his {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and fruitful orchard near but +apart from the fields and tilled lands of his townsfolk.(270) Odysseus it +seems had more than one {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(271) + +(M125) Once in the _Iliad_ the epithet {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is applied to a chief's +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(272) According to Hesychius, {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} means "handed down to one's +father from his ancestors,"(273) and Homer evidently uses the word in this +sense.(274) + +The kingship itself in Ithaka was considered as part of Telemachos' +patrimony: "Never may Kronion make thee king in sea-girt Ithaka, which is +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} to thee by birth ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~})."(275) + +But though the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and the kingship were both equally {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}, they +did not together constitute an indivisible inheritance. Any one of the +blood could enjoy possession of the land, whilst the over-lordship must +necessarily descend in the eldest or the most able line. + +In his answer to the malignant wish quoted above, Telemachos does not +speak as if he contemplated giving up any tangible property. The bestowal +of the kingship, though due to him by inheritance ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) is in the +hands of the gods; he means to be master ({~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER XI~}) of whatsoever Odysseus his +father won for him. + +(M126) It is interesting to compare this choice of Telemachos with the +exactly opposite choice made by Iason, as told by Pindar, when he came +back to claim his inheritance which had been seized in the meantime by his +second cousin, Pelias. + +He has come home, he tells Pelias, to seek his father's ancient honour +which Zeus had of old bestowed on his great-grandfather Aiolos and his +sons. It is not for them now, being of the same stock ({~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}), to +divide the great honour of their forefathers with sword and javelin. He +will give up all the sheep and herds of kine, and all the fields of late +robbed from his sires, though they make fat beyond measure the house of +Pelias ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}). But the kingly sceptre and throne of +his father must be his without wrath between them. And Zeus, the ancestral +god of them both ({~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}), is witness to their +oath.(276) + +(M127) Property in land could also be accumulated in the hands of +individuals not necessarily of princely station. Odysseus tells a tale of +how he took a wife of "men with many {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}" ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) by +reason of his valour.(277) The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} must therefore at that time have +been at any rate roughly of some recognised area. Perhaps the tendency, so +fatal to Sparta, for the possession of the original shares or allotments +of many families to accumulate in the hands of the powerful or rich, had +already set in. In later colonisations and assignments of new land the +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} were often equally divided,(278) and the gift of citizenship, as +has been already mentioned, was sometimes accompanied by a grant of a +_half-kleros_ ({~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). Did the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} then represent in theory an +area of cultivated ground capable of sustaining a single household? + + + + + 5. Early Evidence _continued_: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +(M128) There are signs in Homer of the existence, already insisted upon +for later times, of the connection of the ownership of property with the +headship of a household. It follows that if the head of a family was the +only owner of land, the desire of establishing a family and thereby +preserving at the same time the acquired property and the name of the +possessor, made the acquisition of a wife a real necessity for the owner +of land. + +Eumaios, the swineherd, says that Odysseus would have given him a property +({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}), both an {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and a shapely wife.(279) And Odysseus +in one of his many autobiographies speaks of taking a wife as if it were +the necessary sequel to coming into his inheritance.(280) + +Even Hesiod, the son of a poor settler, without much property to keep +together, if we can take Aristotle's reading of the line, gives the +necessary outfit for a peasant farmer in occupation of a small {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, as +a house, a wife, and a plough-ox.(281) + +Aristotle quotes this line of Hesiod, in his argument that the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was +the association formed to supply the wants of each day,(282) its members +being called by Charondas, he says, {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} (sharers in the mealbin), +and by Epimenides the Cretan {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} (sharers of the same plot of +ground).(283) And he might have added that Pindar uses the word {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +to mean "twins."(284) + +(M129) A household, according to Aristotle, consisted thus partly of human +beings, partly of property.(285) + +So closely is the idea of livelihood bound up that of the house or {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, +that Telemachos can say without incongruity that his house is being +_eaten_ by the wooers:-- + + + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}.(286) + + +The sanctity shared by the hearth and its sustenance may be illustrated by +Odysseus' oath, which occurs three times in the _Odyssey_: "Now be Zeus my +witness before any god, and the hospitable board and the hearth of +blameless Odysseus whereunto I am come."(287) + +(M130) When once the hospitable board had laid its mysterious spell on the +relations of host and guest, the bond was not easily dissolved. Glaukos +and Diomedes meet "in the mid-space of the foes eager to do battle," +fighting on opposite sides. Nevertheless because the grandfather of one +had entertained the grandfather of the other for twenty days and they had +parted with gifts of friendship, their grandsons refrain from battle with +each other, pledge their faith, and exchange armour as a witness to others +that they are guest-friends by inheritance ({~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} +{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}).(288) + +If such force lay in the entertainment of a guest for a few days, some +idea can be formed of the virtue underlying the meaning of such words as +{~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} and {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, and binding together those habitually nourished at +the same board. + +(M131) If sons married during their father's lifetime without any +particular means of livelihood, they could live under his roof and +authority, forming a great patriarchal household like that of Priam and +his married sons and daughters at Troy. But when a household dispersed +before the marriage of the sons and the inheritance was divided amongst +them, it was deemed indispensable for them to take wives, and each provide +for the establishment of his house and succession. This necessity is the +underlying motive of the compulsion over the only daughter left as +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} to marry before a certain age, exercised by the Archon at +Athens. There the idea of the need of a continuous family (as well as for +other purposes), to keep together the property, had grown up apparently as +a reflection, so to speak, of the obvious importance of the property to +the family for the maintenance of itself and its ancestral rites. + +Though evidence is wanting for the _raison d'tre_ of this sentiment in +Homer, the existence of the feeling can hardly be denied. + +The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, at any rate, continued to pass from father to son in the +family of the tribesman or citizen. Hector encourages his soldiers by +reminding them that though they themselves fall in the fight, their +children, their house ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), and their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} will be unharmed, provided +only that the enemy are driven back.(289) + +The sentiment that a man was not really "established," according to the +estimation of the Homeric Greeks, until the continuity of his house was +provided for, seems to explain the two references to Telemachos in the +_Iliad_. Odysseus is twice mentioned, as Mr. Leaf points out in his +_Companion to the Iliad_,(290) as the father of Telemachos, simply because +it was considered a title of honour to be named as sire of an established +house. No other mention of Telemachos occurs in the _Iliad_. + +Failure of heirs was, as in later times, the great disintegrating factor +and danger to the continuity of the family holdings. As long as a direct +descendant was to be found, the property was safe. + +Eurykleia comforts Penelope in her fear for the absent Telemachos, +saying:-- + + + "For the seed of the son of Arkeisios is not, methinks, utterly + hated by the blessed gods, but someone will haply yet remain to + possess these lofty halls and the _fat fields_ far away."(291) + + +Is it by accident that she here chooses the name of Arkeisios to describe +the head of the family of Laertes and Odysseus? He was Laertes' father, +and in Telemachos, if he was preserved alive, he would thus have a +_great-grandson_ to represent his line in the succession to his property. + +(M132) The diversion of inheritance to any property from the direct line +is spoken of in Homer as a lamentable circumstance greatly intensifying +the natural grief at the death of the direct heir. + + + "Then went he after Nanthos and Thoon, sons of Phainops, + striplings both; but their father was outworn of grievous age, and + begat no other son for his possessions after him. Then Diomedes + slew them and bereft the twain of their dear life, and for their + father left only lamentation and sore distress, seeing he welcomed + them not alive returned from battle: _and kinsmen divided his + substance_ ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~})."(292) + + +In the tumultuous times of the _Odyssey_ the right of succession must +often have been interrupted by war and violence. Possessions, not only of +land, had to be defended by the sword even during the lifetime of the +acquirer. This prompts one of the wishes of Odysseus in his prayer at the +knees of Arete:-- + + + "And may each one leave to his children after him his possessions + in his halls and whatever dues of honour the people have rendered + unto him."(293) + + +The same anxiety prompts his question to his mother in Hades, to which he +obtains answer:-- + + + "The fair honour ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}) that is thine no man hath yet taken, but + Telemachos holdeth in safety (thy) demesnes ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA~} + {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~})."(294) + + +(M133) The belief in the inseparability of the ancestral holding and the +family was strong in Samaria at the time of Ahab. The King offered Naboth +another vineyard better than his own in exchange for the one at Jezreel +near the palace, or, should he prefer it, its worth in money. But Naboth +said to Ahab, "The Lord forbid it me, that I should give _the inheritance +of my fathers_ unto thee."(295) + +Both the Hebrew narrators and the Greek translators describe Ahab finally +as taking the vineyard at Naboth's death _by inheritance_ (LXX. +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}), in spite of the violence of the means of acquiring it +adopted by Jezebel. + +The limited right of the prince to alienate from his family any part of +his possessions is thus alluded to by Ezekiel:-- + + + "Thus saith the Lord God; If the prince give a gift unto any of + his sons, the inheritance thereof shall be his sons'; it shall be + their possession by inheritance. But if he give a gift of his + inheritance to one of his servants, then it shall be his to the + year of liberty: after it shall return to the prince: but his + inheritance shall be his sons' for them."(296) + + + + + 6. Early Evidence _continued_: The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The +Chieftain. + + +(M134) It must be borne in mind that the tribal idea of the chieftainship +sanctioned the custom that the maintenance of the chieftain and his +companions or retainers should be levied at will upon the property of the +people. This privilege is very wide spread, and had its origin in the +earliest times. + +The levies were claimed under the name of _gifts_, and earned for the +princes the title of {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. As Telemachos declares, "it is no bad +thing to be a {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, and quickly does his house become rich and he +himself most honoured."(297) + +The royal family and nobles(298) levied contributions on their own or +conquered peoples apparently at will in Homer. Agamemnon calls together +the Greek chiefs:-- + + + "Ye leaders and counsellors of the Argives ... who drink at the + public cost ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) and each command an host ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~})."(299) + + +Priam chides his sons:-- + + + "Ye plunderers of your own people's sheep and kids ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~})."(300) + + +Telemachos declares that if the wooers eat up all his sheep and substance, +he will go through the city ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON~}) claiming chattels until all be +restored.(301) + +Alkinoos proposes to give gifts to Odysseus, and they themselves going +amongst the people ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) will recompense themselves: +"for hard it were for one man to give without return."(302) + + + "Then I led him to the house," says Odysseus, "and gave him good + entertainment ... out of the plenty in my house, and for the rest + of his company ... I gathered and gave barley meal and dark wine + from the people ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}) and oxen to sacrifice to his heart's + desire."(303) + + +(M135) These passages throw light on Agamemnon's offer to Achilles of +seven well-peopled towns, whose inhabitants would enrich him with +plenteous gifts.(304) The proposal of Menelaos to empty a city _of Argos,_ +to accommodate Odysseus and his people, seems to be of quite a different +order, and betrays to us that the tyranny of the tribal chieftain, so +conspicuous in other nations, was no less a reality also amongst the +Greeks under Achaian rule.(305) + +(M136) In the Indian society that was regulated in accordance with the +_Ordinances of Manu_, the king appointed a chief of a town whose duty it +was to report to the higher officials on any "evil arising in the town." +He likewise represented the king, and had the king's right to receive +supplies from those under his oversight. + + + "What food, drink, (and) fuel are to be _daily_ given by the + inhabitants of a town to the king let the head of a town + take,"(306) + + +the line always being drawn between legitimate demands and tyrannical +extortion. + + + "For those servants appointed by the king for protection (are) + mostly takers of the property of others (and) cheats; from them he + (_i.e._ the king) should protect these people."(307) + + +(M137) Under the rule of the Persians, all Asia was parcelled out in such +a way as to supply maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ETA WITH OXIA~}) for the Great King and his host +throughout the whole year.(308) The satrap of Assyria kept at one time so +great a number of Indian hounds, that four large villages of the plain +were exempted from all other charges on condition of finding them +food.(309) + +(M138) Solomon's table was provided after the same method. + + + "And Solomon had twelve officers over all Israel which provided + victuals for the king and his household; each man his month in a + year made provision.... And Solomon's provision for one day was + thirty measures of fine flour and threescore measures of meal, ten + fat oxen and twenty oxen out of the pastures and an hundred sheep, + beside harts, and roebucks, and fallowdeer, and fatted fowl.... + And Solomon reigned over all kingdoms from the river unto the land + of the Philistines, and unto the border of Egypt; they brought + presents, and served Solomon all the days of his life.... And + those officers provided victual for king Solomon, and for all that + came unto king Solomon's table, every man according to his + charge."(310) + + +(M139) Sesostris is said to have obtained his revenue from the holders of +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in Egypt in proportion to the amount of land in each man's +occupation;(311) and Pharaoh, having bought all the land at the time of +the famine in Egypt except that which supported the priests, took +one-fifth of all the produce, leaving the remainder "for seed of the +field," and for the food of the cultivators, and their households and +little ones. "And Joseph made it a law over the land of Egypt unto this +day, that Pharaoh should have the fifth part, except the land of the +priests only, which became not Pharaoh's."(312) + +In this case Pharaoh became proprietor by purchase of the land in Egypt. +But it must not be supposed that by exacting a payment from the occupier, +the overlord as a rule had any power over the ownership of the soil. He no +doubt had proprietary rights over his own estate, and may or may not have +had power to regulate any further distribution of the waste. But the right +of receiving dues, or of appointing another to receive them, gave him no +power over the actual tillage of the soil. + +(M140) The maintenance of the prince was a first charge apparently upon +the property of his subjects; and it is easy to see how the lion's share +would always be allotted to him, alike of booty as of acquired territory. +As long as the community was pastoral, it is also easy to imagine how the +chief both increased his own wealth and admitted favoured companions or +resident strangers to a share in the elastic area of the common pasturage. +After agriculture had assumed equal importance in the economy of the tribe +as the tending of flocks and herds, one is apt to forget that for +centuries--perhaps for thousands of years--the system of agriculture that +grew up, still possessed much of the elasticity of the old pastoral +methods. Under the open field system, such a custom as that described by +Tacitus and in the Welsh Laws, viz. of ploughing up out of the pasture or +waste sufficient to admit of each tribesman having his due allotment, and +letting it lie waste again the next year, admitted of considerable +readjustment to meet the exigencies of declining population, as well as +providing an easy means whereby any stranger prince, like Bellerophon, who +might be admitted to the tribe, could be allotted either a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} apart, +or a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in the open plain. + +Pindar describes this method of cultivation when he says:-- + + + "Fruitful fields in turn now yield to man his yearly bread upon + the plains, and now again they pause and gather back their + strength."(313) + + +(M141) It is noticeable that the Aetolians offered Meleagros a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in +the fattest part of the plain, wherever he might choose, as a _gift_ +({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}); and as the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} would certainly be cultivated by slave or +hired labour, what they really gave him was the right of receiving the +produce from the 50 _guai_ composing the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. But this gift was meant +as a special honour or bribe, and took a special form in being in land as +a means of permanent enrichment. + +In similar wise Ezekiel suggested the capitalisation, as it were, by a +gift of land of the contributions to the princes, which no doubt were felt +to be very irksome. In the division of the land, a portion was to be set +aside first for the use of the temple and priests, then a portion for the +prince. + + + "In the land shall be his possession in Israel, and my princes + shall no more oppress my people; and the rest of the land shall + they give to the house of Israel according to their tribes. Thus + saith the Lord God, Let it suffice you, O princes of Israel; + remove violence and spoil and execute judgment and justice, and + take away your exactions from my people, saith the Lord God."(314) + + +And again:-- + + + "Moreover the prince shall not take of the people's inheritance by + oppression, to thrust them out of their possession; but he shall + give his sons inheritance out of his own possession; that my + people be not scattered every man from his possession."(315) + + +But there can be no doubt, that although the prince may have had no power +to dislodge any of the free tribesmen of his own people from their +holdings, yet no one could gainsay him if he chose to enrich himself by +planting or reclaiming any part of his domains, as Laertes is represented +as having done.(316) + +(M142) The modern usage in Boeotia and in the island of Euboea may very +well represent the procedure of ancient times, and if it can be imagined +that some method of the same sort was in vogue in Boeotia in the time of +Hesiod, it will be understood how possible it was for Hesiod's father to +settle at Askra and gradually to acquire possession of a house and {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + + "There is some cultivation from Plataea to Thebes, but strangely + alternating with wilderness. We were told that the people have + plenty of spare land, and not caring to labour for its artificial + improvement, till a piece of ground once, and then let it lie + fallow for a season or two. The natural richness of the Boeotian + soil thus supplies them with ample crops. But it is strange to + think how impossible it is, even in these rich and favoured + plains, to induce a fuller population."(317) + + +At Achmetaga, in Euboea, + + + "The folk pay for their houses a nominal rental of a bushel of + wheat per annum, in order to secure the owner's proprietary claim, + which would otherwise pass to the occupier by squatter's right + after thirty years of unmolested occupation. They are at liberty + to cultivate pretty well as much land as they care to, paying to + the landlord one-third in kind.... The produce here is almost + exclusively wheat or maize, but every family maintains a plot of + vineyard for home consumption."(318) + + +(M143) Whether the free tribesman ever looked upon the contribution he +made to the maintenance of the princes, under whose protection he had the +privilege of living, as a condition of tenure of his land, is open to +doubt; but from the right to demand indiscriminate gifts, to confiscate or +eject in case of refusal, it is only one step to the exaction of a regular +food-rent as a return for the occupation of land. + + + + + 7. Summary Of The Early Evidence. + + +It may be useful here briefly to summarise the results of the inquiry of +the last three sections into the relation of the ownership of land to the +structure of society in Homer and in early times. + +(M144) the princes had their compact estates divided off from the other +land of the community, so that a passer-by could point and say, "There is +the king's {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}."(319) The ordinary tribesman on the other hand had a +share in the common fields under cultivation, probably consisting of a +number of scattered pieces of land lying mixed up with those of others, +and therefore only referred to on the face of the land, under the +comprehensive terms {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}.(320) + +This share of the tribesman was, as in later times, called a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, it +being possible for a man to enjoy several such holdings and deserve the +epithet {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, whilst the lowest class of freemen consisted of those +who possessed no land, under the ignominious title of {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +(M145) The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, descending from father to son, was apparently connected +with the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or household, and supplied its maintenance. The {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} grew +fat or was consumed in accordance with the capacity of its head, and its +continuity was regarded as a matter of the utmost importance. Its members +were bound together at their ancestral hearth by mutual ties of common +maintenance. The sanctity of thus sharing the same loaf extended also to +guests, whose relations to their hosts might last for several generations. +It is the necessity of supplying the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and its dependents with the +means of sustenance and hospitality among a pastoral people gradually +adapting themselves to agriculture, that regulates the tenure of land and +the duties of the householder. + +(M146) The power of the chieftain to draw upon the resources of his people +for the entertainment of his household and his guests by exactions payable +in kind, supplemented by the power he also seems to have possessed to +transfer at will the right of receiving these "gifts" to any one he chose, +seems to contain the germs of the more complicated system of food-rents as +a condition of land tenure, which is so important a feature of the Celtic +tribal arrangements. + +(M147) Inasmuch as the prince was a member of the tribe, he was entitled +to an allotment in the land under cultivation, the very word {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +implying the equal right of all members of the tribe to a share in the +soil. But inasmuch as the prince possessed blood royal and claimed his +descent from the very gods that the tribesmen worshipped, his dignity was +above partaking with his tribesmen of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in the common fields. He +was therefore allotted a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} apart, and worthy of his divine +parentage. Besides the bare single allotment of the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, land was set +apart for him as a gift of honour by the people, from whom honour and +gifts to their prince were due. Gifts in land formed a special mark of +honour, and may at the same time have served another purpose from the +giver's point of view by way of a permanent source of income or endowment, +as it were, whereby the continuous exactions towards the maintenance of +the prince from the lands of the people might tend to be alleviated. Thus +much of power over the property of his inferiors he undoubtedly retained, +and he probably cultivated what he liked of the outlying lands under his +sway. + +(M148) But the evidence does not show that he ever had the right of coming +between the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of his tribesmen and their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}: the only means at his +disposal of severing the link between the family and the land, were those +employed by Ahab and Jezebel to acquire the "inheritance" of the ancestral +vineyard of Naboth at Jezreel. + + + + + 8. Hesiod And His {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +In the time of Hesiod, the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}(321) could be sold in case of need and +added to the possession of another. + +(M149) But the case of Hesiod is in itself somewhat exceptional. His +father had fled from his own country by stress of poverty, and settled on +the barren land of Askra in Boeotia, where he was allowed to acquire some +land.(322) He was therefore somewhat of a sojourner (the {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} of +Homer),(323) and, true to the Homeric doctrine, was unencumbered by the +claims of kindred. Hesiod contrasts the ready help of the neighbour with +the perfunctory slowness of the kinsman, duty-bound. The neighbour, he +says, is prompted by the need of mutual protection of material property, +the kinsman stays to bind on his sandals and gird his loins for the labour +he is forbidden to shirk.(324) + +Hesiod and his brother Perses had divided the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of their father into +two, and lived apart. Perses had squandered his half, and spent his time +and his livelihood in the gay life of the town, but none the less seems to +have expected to be allowed to draw still further on the resources of the +paternal property, to the distress of his industrious brother. + +Hesiod does not contemplate any possible means of making a living other +than by tilling the soil; and his quaint ideas may be taken as typical of +the small Boeotian peasant-farmer, allowance being made for the short time +that his family had held land at Askra. + + + + + 9. Survivals Of Family Land In Later Times. + + +(M150) In later Greek writers it is several times stated that the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +or {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} were inalienable. Yet all remark to what a deplorable +extent the alienation and accumulation of land into few hands had been +carried. Aristotle comments on the excellence of the ancient law, at one +time prevalent in many cities, against the sale of the original {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, +and the good purpose therein of making every one cultivate his own +moderate-sized holding.(325) + +Innumerable passages could be quoted from the speeches of Isaeus, +referring to the law that forbade any one to alienate by will his landed +estate from his lawful sons. Plato warns his friends that buying and +selling is desecration to the god-given {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(326) + + + "Now I, as the legislator, regard you and your possessions, not as + belonging to yourselves, but as belonging to your whole family, + both past and present."(327) + + +Plutarch and Heraclides say that the same law against the sale of the +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} existed anciently at Sparta. + +(M151) Plutarch's evidence, late as it is, of the ancient customs among +the Spartans is worthy of further consideration. + +In his _Life of Agis_ he states that the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} passed in succession from +father to son--{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}--until the +Peloponnesian war. + +In his _Life of Lycurgus_ he says that-- + + + "When a child was born, the father was not entitled to maintain it + ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}), but he took and carried it to a place called 'lesche,' + where the _elders of his tribesmen_ were sitting, who, if they + found the child pretty well grown and healthy, ordered its + maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}), allotting to it one of the 9,000 kleroi + ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~})."(328) + + +Elsewhere in Greece at the introduction of the new-born child to the +relations and friends a few days after its birth, symbolical gifts of food +were made as the child was carried round the hearth.(329) + +(M152) The important part of this ceremony at Sparta, described by +Plutarch, seems to be the introduction of the infant to the elders of the +tribe, and the recognition by them of its right to maintenance, if it +appeared to them physically worthy of admission to the tribe. It cannot be +supposed that Plutarch believed that vacant {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} escheated, so to speak, +to the community, because he elsewhere describes the lamentable tendency +of estates to get into few hands, which the community would in that case +surely have been able somewhat to prevent. Nor is it likely that a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +was actually set apart for the maintenance of each infant, who was +apparently still nourished in its father's house until seven years old, +when its education and occupations were regulated by the State. + +Reading this passage with the other in the _Life of Agis_, a natural +inference is, that the child's right to succeed to the property of his +father only was thereby assured to him by the elders, _i.e._ the right on +his attaining manhood to enjoy the possession of land. This is the view +taken by M. de Coulanges;(330) but surely there is more underlying the +account of the ceremony. What actually took place with regard to the +allotment of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} to the infant member of the tribe, cannot be decided +here. The State at Sparta undertook to educate all her sons after a +certain age, and gave the parent no further rights over the child. Is +there in this ceremony a transfer of the claim for maintenance from +against the head of the household to the larger unit represented by the +elders of the tribe, irrespective of the inheritance of the son from his +father? + +It would be necessary for the adult Spartan citizen, of the class of +{~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} at any rate, to have a right to the produce of some land, as +otherwise it is difficult to see how he could contribute the necessary +provisions that formed his share of maintenance at the joint table of his +_syssition_; unless indeed he drew his allowance from his father's estate. + +(M153) In any case the idea of the dependence of a member of the tribe for +sustenance upon his right to a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is striking; and at the same time +the evidence goes to show that his maintenance was a claim upon a group of +kinsmen at Sparta, comprising more than the nearest relations, and was +recognised as such by them. + +(M154) The link that bound the cultivators to their land was so strong in +early times at Athens, that mortgages could apparently not be paid off by +mere transfer of the land itself; but the whole family of the debtor went +with their mortgaged property and became enslaved to the creditor, having +in future to work the land for him at a fixed charge. + +This was the state of affairs that Solon set himself to mend, and it is +instructive that the method, he seems to have chosen, was to loosen the +tie between the owner and his land, and, by facilitating the transfer of +land from one to another, to obviate the necessity of taking the debtor's +person with his family into slavery on account of the debt.(331) + +Nevertheless, in spite of the radical legislation of Solon, the sentiment +that bound the family to the soil remained long after his time. + +(M155) Besides the prohibition to sell the family land which Aristotle +speaks of as prevailing in Lokris, the Hypoknemidian Lokrians insisted on +actual residence on that land in the case of their colony at Naupaktos. +Though unable apparently wholly to forbid the participation of the +colonists in the ancestral rites of their kin in Lokris, they took +advantage of the prevailing sentiment with regard to the permanence of the +family, and insisted that the continuance of the hearth of the colonist at +Naupaktos should at any rate be considered of equal importance. + +According to an inscription of the fifth century B.C.:-- + + + "The colonist has the right to return to Lokris and sacrifice with + his {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} both in the rites of his {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and his {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} for + ever. He can only return permanently without paying the + re-establishment tax if he has left {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~} at Naupaktos a + grown-up son or a brother. If a {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of the colonists is left + without a representative ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~}, the nearest of + kin ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) in Lokris shall take the property, provided he go + himself, be he man or boy, within three months to Naupaktos. A + colonist can inherit his share of his Lokrian father's or + brother's property...." + + + "If a magistrate deals unfairly and refuses justice, he shall be + {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and shall lose his {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}."(332) + + +(M156) Though the sale of estates could be effected at Athens in the +fourth century B.C., yet, when the owner died without having sold, the +succession was regulated by the ancient custom. If there were legitimate +children, the inheritance to the land could not be diverted from them, +even by will;(333) provided only that the children had gone through the +ceremony of being accepted and enrolled by the phratria. If the descendant +had neglected this formality, and had failed to be recognised as a legal +member of the kindred or clan, he or she lost all rights to the property, +which went to the devisee or next of kin.(334) The right to possess land +was thus at Athens, as at Sparta, intimately connected with the tribal +organisation; and the claim for maintenance from the paternal estate could +only lie, after full acknowledgment of the necessary qualification had +been granted by the larger unit of relationship. + + + + + 10. The Idea Of Family Land Applied Also To Leasehold And Semi-Servile +Tenure. + + +(M157) Attention has been drawn to the reciprocal relations that existed +between the family and its land, and their inseparability in the minds and +phraseology of the Greeks at different times. There is a further +development however arising from this point of view, without some notice +of which the subject of the tenure of the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} would be incomplete, and +which serves to confirm the method with which this subject has been +treated. + +Though alike in their estimation of the possession of land as a means of +livelihood and for the accumulation of wealth, the Greeks had very +different views with respect to the place of agriculture as a worthy +occupation for a citizen. Sparta regarded it as entirely beneath the +dignity of her sons and forbade their personal application to the +cultivation of their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. There was at Athens, on the other hand, a +large class of citizens whose energies were entirely devoted to the +production of fruits of the earth, whilst the life of a country gentleman, +combined with that of the farmer, was by no means despicable in their +eyes. + +(M158) There were mainly two methods of enjoying the possession of a +landed estate. Either the land was cultivated by the owner himself with +the help of bought slaves or hired servants, few or many, as described in +Hesiod and the _Oeconomics_ of Xenophon;(335) or the owner resided in the +city or a neighbouring town, and the land was tilled by aliens or serfs +(called sometimes {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}), like the Helots of Sparta, who paid an annual +contribution from the produce to their landlord. The serf was often +attached hereditarily to the soil in the sense of being unable to give up +his holding, but also had certain rights as against his master, both in +the matter of his own possessions and in that he could not be sold out of +the country.(336) + +(M159) There is a passage in the Gortyn Laws that states:--that if there +are no rightful successors to inherit the property of a deceased +Gortynian, his household's {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, _i.e._ the persons composing it, shall +inherit his property. That is to say, if a Gortynian family died out and +no legal representative could be found, their proprietary rights were +extinguished and the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} who lived upon the land took all their +property. This provision favours the idea that at Gortyn also the +citizen-population came of a race of conquerors, who were not exactly +looked upon as ground landlords upon whose land a subject family was +settled or had been allowed to remain, but that, whilst the relation of +the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} to their land was of the closest if not an absolute bondage +to the soil, the proprietary rights of their superiors and masters +consisted of the conqueror's overlordship and the power to derive their +maintenance from the joint produce of their serfs' labour and the +land.(337) + +This comprehensive use of the word {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, as meaning both the allotment +of land and the family who were bound to occupy it, whose labour also +created its value to its lord and master, is quite consistent with the use +of the word in reference to the holdings of the Spartan citizens. The +allotment of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} at Sparta evidently meant also a transference of +rights over the Helots that worked it; and even if this further +implication was not actually included in the meaning of the word, it was +so inseparable in thought that no explanation was necessary of the +composite significance of the allotment. + +(M160) The Athenians in their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} seem instinctively to have +combined these two methods of agriculture. The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} were not +colonists, who became citizens of a new city, but they remained citizens +of Athens, holding however their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in a remote district. But the +chief feature of this method of landholding was that the owner, though +remaining a citizen of Athens and liable to the same claims from the +mother city in respect of military service, &c, as before, was yet +supposed to reside in the neighbourhood of his new {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. This was the +case, even when the land itself was left in the hands of the conquered +population at a fixed annual charge. + +(M161) An inscription found on the Acropolis of Athens, and relating to +some date about 560 or 570 B.C., defines the legal status of the first +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} sent to Salamis. They were assimilated to Athenian citizens as +to taxes and military service; but they must reside on their land under +pain of an absentee's tax to the State.(338) + +(M162) In the year 427 B.C. the Athenians conquered the island of Lesbos. +They imposed no tribute on the subjugated islanders, but, making the land +into three thousand {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} "except the Methymnian land," they first set +apart three hundred {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} as sacred to the gods, and on to the others +they sent off {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} chosen by lot from themselves; to these the +Lesbians paid annually for each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} two minae, and _themselves worked +the land_.(339) + +According to the account of Aelian, the same method of procedure was +adopted after the conquest of Euboea in about 510 B.C. The Athenians, +having conquered the Chalkidians, apportioned their land to {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}(340) +in two thousand {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, _i.e._ the country called Hippobotos; and, setting +aside {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~} to Athena in the place called Lelantos, they let out(341) the +rest according to the pillars that stand in the King's Stoa, which thus +bear record of the leases.(342) + +(M163) The holding of each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} may have varied in size according to +the character of the soil and features of the country; but it may safely +be asserted that it must have been of sufficient dimensions, not only to +provide subsistence for the native population left on the soil, but also +to pay a considerable portion towards the keep of the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} himself, +during his enforced residence in the conquered country. + +The class of citizen from amongst whom the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} were chosen by lot, +did not consist of families with much property in Athens.(343) Younger +sons without occupation, whom their fathers had not been quite callous +enough to "expose" in infancy,(344) and restless individuals without +property in the mother country, would be most likely to offer themselves. +And to such the two minae per annum, paid by the Lesbians from the produce +of each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, would appear a reasonable if not a sumptuous provision of +livelihood. There were a hundred drachmae in the mina, and if it is true, +as asserted by Plutarch,(345) that in the time of Solon one drachma was +the price of a sheep, a yearly income of two hundred sheep, or their +equivalent, would be forthcoming to each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}--surely a considerable +contribution to the maintenance of his family.(346) + +Under these circumstances each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} served to provide maintenance for +two households--both of whom had hereditary rights therein, though +themselves in different strata of society. Both households also were in a +sort attached to the soil, the one in practical bondage, the other bound +by law to reside in the country wherein lay its substance, and (if we may +use the common expression of the Welsh Laws) its privilege. + +(M164) This double and continuous ownership was not confined to the +semi-servile tenure of lands annexed by Athenian conquests. + +Leases to be handed down from father to son _for ever_--{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} +{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}--subject of course to the regular payment of the rent, seem to have +been quite usual. + +What is said to be the oldest Greek contract we have, is of this +nature.(347) It was found in Elis at Olympia, and runs as follows:-- + + + "Contract with Theron and Aichmanor with regard to the land in + Salamona of eighteen plethra. Rent, twenty-two manasioi of barley + in the month Alphioios; if he omits, let them pay double. _They + shall hold for ever._"(348) + + +There is an instance of a proprietor of land at Mylasa, in Karia, +deliberately selling his estates to a sacred community for the benefit of +the god, and receiving them again (like the Roman _precaria_) from the +trustees on perpetual lease--{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}--as the patrimonial substance of +his family, for himself and his issue or whosoever should take inheritance +from him. He thus obtained a money value down in return for his property, +but bound himself and his descendants to an annual rent of so many +drachmae, to form part of the revenues of the god. Moreover his +"family-land" in this case was apparently more inalienable now than +before; for he might neither divide the land henceforth, nor share the +responsibility for the rent with another.(349) + +(M165) Do not these instances show that even leases were included in the +same category with actual ownership of land, being embraced within the +characteristic idea that the land that contributed to the maintenance of +the family and had come to be regarded almost as giving that family its +social if not its political status, should descend unintermittently from +generation to generation in that family, though its occupation was subject +to providing support likewise to a superior owner and his family, whose +descendants in their turn also would demand their share in the produce? + +Is the conclusion justified that the basis of this indomitable feeling was +that the peculiar view of the family, as consisting of a long line of past +and future representatives, precluded the individual, who happened to be +the living representative at any given time, from taking an irresponsible +position as absolute master of the property, upon which his family had +been, was, and would be dependent? + + + + + +CHAPTER V. CONCLUSION. + + +(M166) In weighing the results of this essay, it would be absurd to +pretend that anything of the nature of a last word can be said on the +subject. The process of the early development of Greek society cannot be +ascertained merely from the study of a few survivals in historic times. +The comparative method must be carried much further than has been +attempted here, before the secrets of antiquity can be laid bare and an +authoritative statement made. + +There would seem, however, to be at any rate some points, of those that +have come under notice, worthy of further investigation, in so far as they +indicate that Greek society was no isolated growth, but must be given a +place in the general development of the systems of Europe. + +(M167) It is suggested that in the continuity of city life from an earlier +stage of society under some form of the Tribal System, can be found the +only natural explanation of the structure of the kindred at Athens in the +fourth and fifth centuries B.C. Comparison with the customs of other +nations,--the Hindoos, the Welsh, and the Israelites, the last two being +the most typical examples of peoples of which we have written records +whilst still living under the tribal system--has shown remarkable analogies +in the organisation of their inner society. + +(M168) The actual similarity in the sentiment which surrounded the +possession of the privileges of tribal blood and the title to citizenship +at Athens, can hardly be exaggerated. + +(M169) The foundation of the bond in either case has a threefold aspect. +The bond is one of blood, of religion, and of maintenance. + +(M170) The qualification for citizenship, as much as for the tribal +privilege, was a question of parentage; and the citizen equally inherited, +with his blood, responsibilities towards the community into which he was +born, as to a larger kindred. + +(M171) Membership of the tribe or of the city was the only qualification, +that admitted to the privilege and duty of partaking in the public +religious observances. Tribesmen and citizens, by virtue of their +privilege, shared in the worship of the greater gods, of Hestia in the +Prytaneum, of Zeus Agoraios, and of the Heroes or special guardians of +their community; in like manner as the member of the smaller group of a +kindred, by virtue of his blood, shared in the worship of the Apollo +Patroos, the Zeus Herkeios or Ktesios, and the heroes or ancestors of his +family. Inasmuch as citizenship depended upon purity of descent, the +possession of the latter qualification carried with it the right to share +in the greater ceremonies. But the converse was equally stringent, in that +the possession of shrines of Apollo Patroos and Zeus Herkeios was +impossible, unless the family was one of those who had for many +generations been recognised as belonging to the true stock of the +community. + +(M172) Inasmuch as the worship of private or public gods consisted mainly +of offerings of food, of beasts or produce of the earth, and wine, every +tribesman or citizen must have had the means of providing his share in the +offerings, besides supporting himself and his family. Those devoted to +handicraft or merchandise were often despised by the regular tribesman or +citizen, and sometimes therefore formed separate clans by themselves, like +the smiths in Arabia. It is not surprising, therefore, to find that the +membership of the tribe or city should have carried with it the right to +the possession of some portion of the arable land and of the pasture, upon +which all were regarded as being dependent. In this way the possession of +land was intimately related to the status and the duties of the owner. It +was the visible mark of his full tribal privilege, and was the practical +means of his fulfilling his duty towards his fellows and the public +religion, as well as to the needs of his ancestors and household. It seems +also to have been believed that, in partaking of the hospitality or +sharing in the sacrificial feast of any family, a bond was for the time +being created which was in most respects practically equivalent to +relationship by blood to the members of that family.(350) + +(M173) Apart from the tribal character of the qualification for +citizenship, the most conservative organisation wherein had been +stereotyped the most precious of tribal customs, was that of the kindred. + +It is suggested that the vitality of the customs surrounding the bond of +family relationship was due to the importance attached to the religious +and social functions incumbent on all members of a household united by +kindred blood. The actions of the individual members were constrained by +their weighty responsibilities towards the continuance and prosperity of +the composite household, in which they moved, and apart from which their +existence could not but be altogether incomplete. + +The worship of ancestors occupied a prominent place in the needs of the +Athenian household, and, no doubt, had a corresponding influence in the +preservation of its unity. The same of course cannot be said for Wales, +where Christianity had replaced, in the records at any rate, whatever +religious beliefs may have existed earlier. But the grouping of the +kindred according to grades of relationship was adhered to by the Welsh as +an intrinsic part of their very conception of a kindred; and this would +point to the conclusion that such subdivisions were due to wider needs +than can be found in any particular form of religious belief or worship. + +(M174) If, as has been suggested, in adhering to these customs, the Greeks +were still treading in the tracks of their tribal ancestors, how is it +that the most convincing evidence comes from as late as the fifth and +fourth centuries B.C. and mainly from the most highly civilised of the +cities of Greece? + +The _Iliad_ and the _Odyssey_ may perhaps be trusted as truly portraying, +so far as they go, the manners and customs of the great period of Achaian +civilisation, known as Mycenean, which may be said to have culminated just +before the Dorian invasion. Whence then came the public recognition of +those household ceremonies of ancestor-worship, which filled such a large +place in the life of the Athenian citizen, and which, it has been +suggested, were consciously or unconsciously slurred over by the Homeric +poets? + +(M175) Mr. Walter Leaf has already found an answer to this question,(351) +viz. that these ceremonies were the long cherished customs of the ancient +Ionian or Pelasgian inhabitants of Greece, who had formed the substratum +of society under Achaian rule, and who only came into prominence on the +removal of their superiors at the time of the Dorian invasion. And this +continuity, underlying the superficial rule of the Achaians, seems to be +borne out by recent research and discovery.(352) + +The Athenians always boasted their Ionian descent, and may well have +inherited their habits with the traditions of their origin. + +(M176) But the customs reviewed in the foregoing pages seem to have a +wider parentage than can be attributed to the Pelasgians alone. Spartan +customs at any rate cannot thus be accounted for. + +(M177) In the course of argument reference has often been made to the +Jewish records in the Books of the Old Testament, and indeed a remarkable +parallel is presented in the history of the two peoples. Both peoples +apparently reached their greatest period about the same time. The reign of +Solomon with its gold and costly workmanship must have resembled that of +the Mycenean kings in more than similarity of date, and outward splendour. +Taking Homer again as the courtly chronicler of the Achaian age of gold, +the Books of the Kings of both peoples are curiously conscious of their +former tribal conditions, through which they easily trace back to the very +fountain-head of their race. + +(M178) In the period of the decay of the Jewish people under the stress of +invasion by foreign kings, strenuous efforts were made by their prophet +leaders to purge them from the alien blood and alien influences contracted +in the careless days of their prosperity. Their aim was to restore once +more those strict tribal habits which had served them so well at the time +of their own victorious invasion, and which still lay dormant in their +constitution. In similar wise, the period of Achaian prosperity seems to +have been followed by a rise into prominence at any rate, if not an actual +resuscitation, of old tribal customs. + +(M179) The actual traces of tribal institutions in Homer need not be +underrated. There is much that is of a tribal character in the Homeric +chieftain in his relations to his tribesmen and to their gods. Survivals +of tribal custom may also be seen in the reverence for the guest, and the +sacredness of the bond of hospitality lasting as it did for generations; +and in the blood-feud with its deadly consequences, especially when +occurring within the tribe or kindred. Indeed if only the Pentateuch of +the Achaians could be found in the ruins of Mycenae and added to the +Homeric Book of the Kings, would it not then probably be evident that +there was much more of a tribal nature in the organisation of the kindreds +of the Achaians and surviving throughout the whole period of their +splendour than the aristocratic poets of the Homeric schools allowed +themselves to record? + +(M180) Although therefore nearly all our evidence of the internal +structure of the kindred among the Greeks dates from the fifth century +B.C., the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} at Athens must not be put down as belonging merely to +that period. In the light of the close analogies to be found in the +structure of other tribal systems, it is probable that such subdivisions +of the kindred belong to an extremely early period in the history of the +Greeks, whether as Achaians or Ionians or Dorians. Are they not indeed +necessary features of tribal society itself wherever it is examined? + + + + + +INDEX. + + +Adoption, object of, 35; + out of unfortunate home, 36; + ceremony of, 36-7 + +_Agora_, 2, 3 + +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, 32; + its meaning, 55; + its limits, 58-9; + all within it liable for bloodshed, 75 _et seq._; + its tribal origin, 143 + +Ancestor-worship, 10, 140; + in Homer, 5, 7; + in Israel, 8, 9; + in Egypt, 11; + pre-Homeric, 141, _note_ + +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} see {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} + +{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, one of a class, 107, 114; + honoured like a god, 105-6, 122; + owned {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 102, 106, 122; + influenced the seasons, 105, _note_; + over-lordship not altogether hereditary, 107; + levied maintenance on their people, 115, 122; + Solomon, 116; + household {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} 92 + +Bastard, no place in family, 95-6; + allotment or gift for his maintenance, 95-6 + +Blood, as basis of family, 13; + of tribe, &c., 4-5, 138; + its purity jealously guarded, 67 _et seq._; + acquisition of, 68 _et seq._ + +Blood-fine, not within the tribe or kindred, 42-4, 77; + in Wales, the _galanas_, 78 _et seq._; + paid by whole family, 79 _et seq._ + +Bloodshed, responsibility for, 42; + rested on {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, 75 _et seq._; + within the kindred, 44, 77 + +Citizenship, admission to, 71, 96; + qualification for, by three descents, 73; + basis of, 138; + confirmed to son of stranger, 71, _note_ + +{~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}, grant of, to new citizen, 97, _note_; 123, _note_ + +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, succession found through her, 23; + she must marry next-of-kin, 23-7; + in Gortyn laws, 26; + where more than one, 26; + inherited for her issue, 28; + Ruth as, 31, 34; + had right of maintenance from property, 23-4 + +Family (_see_ {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), bound to the land, 127 _et seq._; + family estate in Santa Maura, 86; + head of family, 91 + +Funeral, _see_ Sacrifices + +Gavelkind, in Kent, 95 + +Guest, importance at sacrifice, 99-100; + hereditary guestship, 110 + +Hearth, 3, 4; + as basis of the family, 13, 17; + in Prytaneum, 4, 15; + initiation of heir to, 89 + +Heir, duties of, 18-19, 20; + importance of male heir, 21-3, 98 _et seq._; + daughter's son, 23-7; + always ranks as _son_ of deceased, 34 _et seq._, 59 _et seq._; + initiated to hearth, 89; + introduced to kindred, 36; + and to the deme, 38-9; + importance of introduction of, 41, 125-8; + co-heir in Wales, 51; + law of succession, 57 _et seq._; + disinheritance, 61; + division among heirs, 64 _et seq._, 101; + Ahab's 'inheritance' of Naboth's vineyard, 114 + +Hesiod, his {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 123; + the needs of a farmer, 109 + +_Hestia_, 3, 4, 138; + called "princess," 13 + +Inheritance, see {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and Heir + +Kinship, grades of, 48 _et seq._; + in India, 52; + in Wales, 49, 67 _et seq._; + the fourth degree, 73, 112; + the seventh, 78 et _seq._; + the ninth, 68 _et seq._; + wife's relations no kin to husband but are to son, 61, _note_ + +Kinsmen, duties of, 18, 42; + next of kin marries "heiress," 23-7, 35; + his duty to redeem property in Israel, 32, 95; + kinsmen accept heir, 36, 41, 125-7; + sanction disinheritance, 61; + liable for bloodshed, 75 _et seq._; + Hesiod's idea of, 123 + +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, 130 + +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, its form, 85 _et seq._; + supported the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 88 _et seq._, 110, 121, 127; + need not be divided, 47, 89, 93, 97; + no joint holding between father and sons, 93; + sold in case of need, 94; + in theory inalienable, 94, 113, 124, 127; + allotted to new citizen, 96; + in Homer, 102; + held by tribesmen, 108; + of Hesiod, 123 + +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, 131 _et seq._ + +Land, ownership of, proof of civic rights, 83, 96 (_see_ {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) + +_Lar_ = "lord," 12; + _lares_ of king, 4 + +Leases, for ever, 134-6 + +Levirate, not in Greece, 27; + in India, 29; + in Israel, 30 _et seq._ + +Maintenance of parents (_see_ Parents); + of {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 110; + the bond of, 110, 139; + of the chief, 114 _et seq._; 122; + in Ezekiel, 119; + of children at Sparta, 125; + gift of food to babe, 125; + derived from {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 127 + +_Manes_, duties to, in India, 19 + +Marriage, of heiress, 23-6; + of near relations, 29; + of widow (_see_ Levirate) + +_Octopus_, 125 _note_ + +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, part of {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 17; + importance of continuity of, 9, 19-20, 30, 35, 111, 128; + the unit of ownership of property, 47, 109; + extent of, 54-6, 88-9; + the householder in India, 99; + supported by its land, 110, 113, 121; + of Bouselos, 55, 62; + power of head of, 91-2 + +Open field system, in Greece, 85; + in the islands, 87; + in Homer, 88, 104; + its elasticity, 118-9 + +_Parage_, in Normandy, an undivided tenure, 50 + +Parents, maintenance of, 18, 48; + after death, 19 + +_Phratria_, enrols legitimate sons, 36-7; + partly responsible for bloodshed, 76 + +Primogeniture, not the rule in Greece, 90; + nor in India, 97 _et seq._; + eldest son had certain rights or dignity, 90 _et seq._, 97 _et seq._; + called {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 91, _note_ + +_Prytaneum_, 3, 4, 15, 138 + +Register, of phratria, 36; + of deme, 38 + +Ruth, as widow and {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 31-4 + +Sacrifices, object of, 6, 139, _note_; + to the dead, 8, 9-12; + of funeral cake in India, 51 _et seq._; + funeral rites at Athens, 20; + of householder in India, 99; + bond of common religion, 13, 53, 138 + +Stranger, abhorrence of, 5, 71, 74; + as guest, 99 (_see_ Guest); + admission to tribe, 67 _et seq._, 96 + +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, in Homer, 103, 113; + allotted to princes and gods, 102, 106, 118, 122; + called {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 106; + helped to support prince, 118-9 + +Tonsure, in Greece, 39; + in India, 40 + +Tribe, its basis one of blood, 4-5, 138; + possible development of, 14-15; + admission to, 68 _et seq._, 96 (_and see_ Citizenship) + +Widow, could not inherit from husband, 27-8; + returned to her kin or guardian, 28; + when allowed to remain, 28, _note_; + the case of Tamar, 30; + of Ruth, 31 _et seq._ + +THE END. + + + + + + +FOOTNOTES + + + M1 Vitality of the tribal system. + M2 Its survivals form the subject of this inquiry. + M3 The centres of political and tribal society. + +_ 1 Il._ ix. 63. + +_ 2 Il._ ii. 400. + +_ 3 Il._ xi. 807. + +_ 4 Il._ ii. 788. + + M4 The Prytaneum and Hestia. + +_ 5 Journal of Philology_, xiv. 145 (1885), Mr. Frazer on Prytaneum. + + 6 Cauer, _Delect. Inser. Graec._ 121. (Crete, c. 200 B.C.) "I swear + by Hestia in the Prytaneum ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}), by Zeus of the Agora, + Zeus Tallaios, Apellon Delphinios, Athanaia Poliouchos, Apellon + Poitios, and Lato, and Artemis, and Ares, and Aphordite, and Hermes, + and Halios ... and all gods and goddesses." _Cf._ also 116, and + _Od._ xiv. 158. + + Plato, in _Laws_ 848, says Hestia, Zeus and Athena shall have + temples everywhere. + +_ 7 Thuc._ ii. 16. + + M5 Their origin. + +_ 8 Journal of Philol._ xiv. 145. + +_ 9 Op. cit._ p. 153. + + M6 Qualification for share in religious rites one of blood. + + 10 Exception, however, was sometimes made in the case of the stranger + as a favoured guest, _v. infra_, p. 99. + + M7 Ancestor-worship not obvious in Homer. + + 11 Plato (_Laws_ 948) remarks that at the time of Rhadamanthos the + belief in the existence of the gods was a reasonable one, seeing + that at that time most men were sons of gods. + + M8 Offerings of food to the gods, + +_ 12 Il._ xxiii. 206. It is clear from _Il._ i. 466 _et seq._ that the + sacrifice was held to be a feast at which the choice portions were + devoured by the god by means of the fire on his altar. _Cf._ p. 139, + note. + + M9 and to the dead. + + 13 It was not therefore only at the mouth of Hades that the dead could + benefit by such offerings. + + M10 The continuance of his name quite as important as offerings of food. + +_ 14 Od._ iv. 197. _Cf._ _Il._ xvi. 455. + {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}: {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}. + + 15 The speculative state of mind displayed in the _Iliad_ may be + illustrated from the effect on Achilles of the apparition of + Patroklos after death in a dream. As he wakes suddenly the + conviction comes upon him:--"Ay me, there remaineth then even in the + house of Hades a spirit and phantom of the dead, albeit the life be + not anywise therein: for all night long hath the spirit of hapless + Patroklos stood over me, wailing and making moan, and charged me + everything that I should do, and wondrous like his living self it + seemed." _Il._ xxiii, 113 &c. + + M11 Offerings to the dead in the Old Testament. + + 16 Ps. cvi. 28. _v._ Maine's _Early Law and Custom_, p. 59. + + M12 Resemblance between Homer and the Old Testament. + + 17 1 Sam. xx. 6. {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~}. + + M13 Ancestor-worship in India and Rome. + + 18 Soph. _Antig._ 659. + + 19 Coulanges, _Cit Antique_, p. 65. + + 20 Soph. _Antig._ 199. + + 21 Soph. _Phil._ 933. Soph. _Elekt._ 411. + + M14 The need of food for the dead; + + 22 Aesch. _Pers._ 609-618. The speaker in this case is a Persian and a + woman; but many passages might be quoted from the Greek poets. _Cf._ + Lucian, _De Luctu_, 9. {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}: {~GREEK SMALL LETTER OMEGA WITH DASIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER ETA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH DASIA AND OXIA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + M15 the same in Egypt, + + 23 Edited by C. H. S. Davis (Putnam, 1894). + +_ 24 Id._ chap. liii. + +_ 25 Id._ chap. lxxii. + +_ 26 Id._ chap. lxxvii. + + M16 and in India. + M17 Ancestor-worship not necessarily post-Homeric. + +_ 27 Cit Antique_, p. 93, {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}. + + M18 The hearth and the tie of common blood. + M19 Possible course of social development. + M20 The change of tribesmen into citizens. + +_ 28 Wks. & Days_, 327-332. + +_ 29 Id._ 353-5. + + M21 The study of the family introductory to the history of the tribe. + M22 The duties of the individual to his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, + M23 began with his living parents; + +_ 30 Laws_ 717, Trans. Jowett, _cf._ 729 C and 931 A. + + M24 and extended to their tomb. + + 31 Arist, _Ath. Pol._ lv. 3. Isaeus, viii. 32. "The law commands us to + maintain ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) our parents even if they have nothing to leave + us." _Cf._ Ruth iv. 15 {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. + + _Iliad_ iv. 477 and xvii. 302. + + ... {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}... + + Hesiod, _Works and Days_, 118. + + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + 32 Plato, _Laws_, 877 C. + + 33 Aeschin. _c. Timarch._ 13. + + 34 Isaeus, iv. 19 (_Nicostrat._). + + M25 Continuity of the family; + M26 in the _Ordinances of Manu_; + +_ 35 Ordinances of Manu_, translated by A. C. Burnell, edited by E. W. + Hopkins. London: 1884. Bk. ix. 106, 8, 182, 137, 161. + + M27 and according to Plato. + +_ 36 Laws_, 721 B, Trans. Jowett, _cf._ 923 A. + + 37 Dem. _c. Leoch._ 1090, and _Il._ xxiii. 163, xvi. 455, xxiv. 793. + + 38 Dem. _c. Macart._ 1077. + + 39 Isaeus, ii. 36 and 42. + + 40 Arist. _Pol._ 1, 2, 4, {~GREEK CAPITAL LETTER ETA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + M28 The importance of male succession. + + 41 Plut. _Lycurg. and Numa_ 4. Xen. _Rep. Lac._ i. 7 to 9. + + 42 From Xen. _Rep. Lac._ i. 9, it would seem that such children, born + into a family where there were already children of both father and + mother, had no share in the family property. + + 43 This was the practice also in Arabia (Rob. Smith, _Kinship &c._, p. + 110). + + 44 Herod. v. 40. + + 45 Herod. vii. 205. Quoted by Hearn, _Aryan Household_, p. 71. + +_ 46 Iliad_ xv. 497. + + 47 Is. vii. 30. + + 48 Is. ii. 36. + + 49 Is. iii. 59 and 60, vi. 28. + + M29 Succession through a daughter. + + 50 For want of a better translation implying "going with the property" + this word will be rendered by "heiress." + + 51 Is. viii. 31. _Cf._ {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} in Dem. _in Neaeram_ 1386. + + 52 Demosth. _Steph_. ii. 1134. Son. of {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} inherits ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}; {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + 53 Is. vi. 14. _Cf._ Ar. _Vesp_. 583 _et seq._ + +_ 54 Manu_ ix. 131 and 132. + +_ 55 Ib._ 136. + +_ 56 Ib._ 135. + + M30 She must marry the next of kin. + +_ 57 Laws_, 924. + +_ 58 Cf._ Terence, _Phormio_ 125-6. + + Lex est ut orbae, qui sunt genere proxumi, + Eis nubant, et illos ducere cadem haec lex jubet. + + and Diod. Sic. xii. 18: {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMEGA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} + {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M31 even though already married. + + 59 Isaeus, iii. 64. + +_ 60 Ordinances_ iii. 11. + + 61 Isaeus, i. 39. + + M32 Similar rules in the laws of Gortyn, + + 62 vii. 15-ix. 24. We may compare this with _Odyssey_ vii. 60 _et seq._ + where Alkinoos marries his _niece_, Arete, the only child and + therefore {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of his brother Rhexenor. + +_ 63 c. Macart._ 1068 (_Law_) + + 64 (Plut. _Solon_ 21. {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. Plato, _Laws_ 925. A heiress _must_ marry a citizen. In + the Gortyn laws, if any one marry the heiress contrary to law, the + next of kin shall have the property). + + M33 and amongst the Israelites. + M34 The levirate proper not found in Greece. + M35 The widow returned to her guardian. + + 65 Dem. _c._ _Macart_. 1076. Widow only allowed to remain in her + deceased husband's house on plea of pregnancy and under the + guardianship of the archon. + + Dem. _c._ _Boeot_. 1010. Wife leaves her husband's house and is + portioned out again by her brothers. + + 66 Cf. _Ord. of Manu_ v. 147-8. "No act is to be done according to + (her) own will by a young girl, a young woman, or even by an old + woman, though in (their own) houses. + + "In her childhood (a girl) should be under the will of her father; + in her youth, of her husband; her husband being dead, of her sons; a + woman should never enjoy her own will." + + 67 Dem. _c._ _Spoud_. 1029. Father takes away daughter and gives her to + another. + + _Cf._ also Dem. _c._ _Eubulid_. 1311. + + Isaeus, v. 10. By coming into an inheritance from his first cousin, + a man also becomes guardian ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of his three + female first cousins, though all married. + + 68 Dem. _pro Phormio._ 953. + + 69 As in Isaeus, ii. 7 and 8. + + 70 ix. 70. &c. + + M36 Marriage of near relations. + + 71 vii. 11 and 12. + + M37 The levirate among the Israelites. + M38 The case of Tamar. + + 72 Gen. xxxviii. 10. + + M39 The case of Ruth. + + 73 Ruth i. 8-12. + + 74 For the meaning of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} see below p. 55. + + M40 Dependence on the next of kin. + M41 The son of the heiress must leave his father's house, + + 75 xi. 49. + + M42 and enter that of the deceased relative + + 76 Isaeus, vii. 31. + +_ 77 c. Macart._ 1077. + + M43 Hence the custom of adoption. + + 78 Dem. _c. Leochar._ 1093. {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~}. + + 79 Is. x. 17. + + M44 The introduction of the heir to the kindred. + + 80 Arist. _Pol._ 1, 2, 4 {~GREEK CAPITAL LETTER ETA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + M45 The same for true as for adopted son. + M46 The ceremony at Athens; + + 81 Is. ii. 14. + + 82 Is. vii. 1, 16, 13 and 27. + + 83 Dem. _c. Eubulid._ 1315. + + 84 Is. vi. 25. + + 85 Andoc. _de Myst._ 126. + + 86 Dem. _c. Macart._ 1054 and 1078. + + 87 Dem. _c. Leoch._ 1091. Isaeus iii. 80 and viii. 18. + + M47 and at Gortyn; + + 88 Isaeus ix. 7 (_Astyph._) {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}. + + 89 Isaeus vi. 44; ix. 2 and 33; x. 2 and 4. Dem. _c. Leoch._ passim. + _Cf. Manu_, ix. 142. + + 90 Dem. _c. Leoch._ 1094, 1099, and (_lex Solonis_) 1100. + +_ 91 Ib._ 1090. + + M48 and also in India. + + 92 Mayne on _Hindu Law_ (1892), p. 105 and 162. + +_ 93 Op. cit._ p. 141-2 and 189. _Manu_ ix. 142. He offers no cake to + his original ancestors. + + M49 The introduction to the deme. + M50 The custom of tonsure. + +_ 94 Thes._ 5. + + 95 {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}: in Homer to "begin" a sacrifice by offering the _hair_ + of the victim. Later, to "dedicate." + +_ 96 Il._ ii. 542 {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 97 Herod, iii. 8. The Arabs cut their hair in a ring away from the + temples. + +_ 98 Il._ xxiii. 141-6. + + 99 Paus. i. 37, 3. + +_ 100 Char._ 21. + +_ 101 Deipnosoph._ xi. 88. + +_ 102 Manu_ ii. 65. + +_ 103 Cf._ ii. 38. This was the last year that a Brahman could receive + investiture. + + 104 Isaeus, vi. 10. + +_ 105 Anc. Grk. Inscr._ Brit. Mus. cccxv. cccxvii. and cccxviii. Oath of + mother required before legitimacy registered, in the island of + Kalymna. + +_ 106 Cf._ Aristot. _Ath. Pol._ xlii. + + 107 Isaeus, iii. 75. + +_ 108 Ib._ vi. 47. _Cf._ Deuteronomy xxiii. i. + + M51 Liability for bloodshed rested on a group of kinsmen. + + 109 Robertson Smith, _Kinship, &c. in Arabia_, p. 262. + + 110 Dem. _in Euerg._ and _Mnesib._ 1160. + + 111 Dem. _Macart._ 1069. _Cf._ Deut. xxi. 1-9. + +_ 112 Cf. Od._ iii. 195. + + M52 No ransom for murders within the tribe; + +_ 113 Il._ ix. 63. + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, + {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 114 Il. xiii. 695. _Cf._ xv. 335. + +_ 115 Il._ xvi. 572. + +_ 116 Il._ ii. 662. + +_ 117 Cf. Od._ xiii. 259, xiv. 380. + + M53 or between citizen and citizen. + + 118 Quoted in Dem. _c. Aristocrat._ 629. + +_ 119 Laws_ 865 d. + +_ 120 Ib._ 871. Soph. O.C. 407. Oedipus could not be buried on Theban + soil, because he had shed {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}. + +_ 121 Cf_. Aeschines in _Ctesiph._ 244. + + 122 ix. 17-19. _Cf._ Dem. _c. Pantaen._ 983, 59. + + 123 Plato, _Laws_ 871 D. + + 124 Plato, _Laws_ 871 B. _Cf._868. + +_ 125 Ib._ 872 E. _Cf._ Tacitus, _Germania_, 21. Suscipere tam + inimicitias seu patris seu propinqui quam amicitias necesse est. Nec + implacabiles durant: luitur enim etiam homicidium certo armentorum + ac pecorum numero, _recipitque satisfactionem universa domus_, + utiliter in publicum, quia periculosiores sunt inimicitiae juxta + libertatem. + +_ 126 Ib._ 873 E. + + 127 Herod. i. 44. + + M54 All kinsmen were not equally responsible. + M55 The unity of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 128 v. _infra_ p. 90 _et seq._ + +_ 129 c. Leoch._ 1083. + + 130 Dem. _c. Macart._ 1055-6. + + 131 Isaeus, viii. 32. + + M56 Grades of kinship in Western Europe. + M57 The position of the great-grandson, + M58 in Wales, + +_ 132 Venedotian Code_, ii. xii. + + 133 Lady Charlotte Guest's _Mabinogion_, p. 234. + + M59 and in feudal Normandy. + M60 The custom of _parage_. + + 134 cxxviii-cxxxi. + + M61 Co-heritage in Wales. + +_ 135 Dimetian Code_, ii. xxiii. + + M62 Degrees of relationship in India. + +_ 136 Manu_, ix. 186. + +_ 137 Manu_, iii. 5. + +_ 138 Manu_ v. 60. + + M63 Four generations share in the cake-offering. + M64 Similar grouping of the pourers of the water libation. + +_ 139 Gwentian Code_, ii. viii. + + M65 The {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} includes four generations. + + 140 Dem. _c. Makart._ 1076. + + M66 The {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} at Athens. + + 141 Cf. _infra_, tree on p. 62. + + 142 Dem. _c. Makart._ 1055-6. + + 143 Dem. _c. Makart._ 1077. + +_ 144 Id._ 1078 _et seq._ + + M67 The right of succession limited to the great-grandchild of the + common ancestor. + M68 The law according to Isaeus. + + 145 Isaeus, vii. 22, and xi. i. + + 146 Isaeus, xi. 30. + + M69 The law according to Demosthenes. + +_ 147 c. Makart._ 1067. + + 148 In Dem. _c. Leochar._ 1088. {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} is used to denote the + relationship of a man to the adopted son of his great-uncle, or, as + we should say, first cousin once removed. + + M70 No {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} beyond great-grandsons. + +_ 149 c. Makart._ 1053. + + M71 The heir always ranked as _son_. + + 150 Dem. _c. Makart._ and _c. Leoch._ 1100, &c. + + M72 Hence the limit of the inheritance at cousin's children. + M73 Disinheritance must be sanctioned by kinsmen. + + 151 The wife's kin are no kin to her husband, but _are_ to her son. + + 152 Plato, _Laws_, 929 c. Trans. Jowett. + + M74 The case of the estate of Hagnias in Isaeus and Demosthenes. + + 153 Dem. _c. Makart._ 1058. + +_ 154 Id._ 1070. + + 155 Mentioned in Dem. _c. Makart._ 1056. + + M75 Equal division amongst heirs of the same grade. + M76 The share of a dead son taken by his children. + +_ 156 Supra_, p. 56. + + M77 If sons all dead, grandsons probably divided _per capita_, + M78 as in the case of nephews and cousins. + +_ 157 c. Makart._ 1068, _supra_, p. 26. + + M79 Purity of tribal blood jealously guarded. + M80 In Wales, privileges attained in the fourth generation by + intermarriages. + +_ 158 Welsh Laws_, iv. i. and x. vii. Exception is made for the _son of a + stranger chieftain_. + +_ 159 Welsh Laws_, v. ii. and _Vened. Code_, ii. xvi. and elsewhere. + + M81 Otherwise not until the tenth generation. + +_ 160 Welsh Laws_, v. ii. + +_ 161 Welsh Laws_, xiii. ii. + +_ 162 Venedotian Code_, ii. xiv. and _Gwentian Code_, ii. xxx. _Cf._ the + Shunammite's _cry unto the King_ for restoration of her house and + fields after an absence of seven years. 2 Kings viii. 3. + + M82 The same rule amongst the Israelites. + M83 Shorter time in special cases. + + 163 Gen. xlviii. 5. _Cf._ Pindar, _Ol._ viii. 46. Troy to be subdued by + children of Aeacus in first and fourth generations. + + M84 The privilege of citizenship jealously guarded at Athens. + + 164 Dem. _in Neaer._ 1376. + +_ 165 Anc. Inscrip._ Brit. Mus. ccxxxviii. Citizenship had to be + confirmed on son of foreigner admitted to citizenship. + + M85 Abhorrence of alien blood. + M86 Citizenship only conferred as the highest honour. + M87 Qualification dependent on ancestry and status of family. + +_ 166 Ath. Pol._ lv. 3. + +_ 167 Cf._ Pollux, viii. 85: {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 168 Cf._ Aristot. _Pol._ iii. 2: {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER XI~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M88 Fourth generation acquired new privilege or status. + +_ 169 Oed. Tyr._ 742 and 1063 quoted by Hearn, _Aryan Household_, p. + 206. + + {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}; {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMEGA WITH VARIA~} + {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH OXIA~} ... + + _Cf._ Demosth. 1327. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 170 Handbuch der Griechischen Staatsalterthmer_, von G. Gilbert, ii. + p. 298, quotation from Dittenberger 371, 4 ff.:--({~GREEK SMALL LETTER OMICRON WITH DASIA~}) {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}({~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}){~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}){~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}({~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}){~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}({~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER IOTA WITH DASIA~}){~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER XI~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} ({~GREEK SMALL LETTER TAU~}){~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 171 Nehemiah vii. 64. + + M89 Seventh generation in the Ordinances of Manu. + +_ 172 Manu_, x. 64. + + M90 All within the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} were liable. + + 173 Plato's _Laws_, ix. 871 B. + +_ 174 Cf._ 868. + + 175 872 E. + + 176 878 D. + + M91 The Law of Draco. + + 177 Dem. _c. Makart_, 1069. + + There is some uncertainty in the text of this passage, but the + following is Blass' reading adopted by Kohler:--{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + I am indebted to Mr. J. W. Headlam for this information, and also + for the fact of the discovery of the confirmatory inscription. + + 178 Dem. _c. Euerg. et Mnesib._ 1161. {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}; {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} etc.... _Cf._ Pollux, viii. 118 (obviously quoting this + passage). + + M92 The case of murder within the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + +_ 179 Laws_, 877 c. + +_ 180 Cf._ 2 Sam. xiv. 7. House extinguished for fratricide. + + M93 The blood-fine or galanas in Wales. + +_ 181 Dimetian Code_, ii. i. + +_ 182 Gwentian Code_, ii. viii. _Cf._ Sapinda and Samanodaka: both owe + rites at death of kinsman. Manu, ix. 186, and v. 60, quoted above. + +_ 183 Venedotian Code_, iii. i. + + M94 Defilement rested upon the group of kinsmen. + +_ 184 Inscript. Jurid. Grecques_ par Dareste, &c., 1891, p. 10. + Inscription found at Iulis in Keos. _Fifth century_ B.C. _Cf._ + Numbers xix. 14. + +_ 185 c. Makart._ 1071. + + M95 The mother's relations included in Greece and in Wales. + +_ 186 Welsh Laws_, vol. i. 229. Cf. _Ord. of Manu_, ix. 201, where list + of those incapable of receiving inheritance includes eunuchs. + + M96 The usual holding of a citizen was called a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or "lot." + + 187 {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}. _Pol. Ath._ 9. + + M97 The relation of ownership of land to the structure of the family. + + 188 Cf. _Cic. de Legibus_ ii. 21. Nam sacra cum pecunia pontificum + auctoritate, nulla lege conjuncta sunt. + + 189 Dem. _in Calliclem_, 13-14. Coulanges, _Problmes d'Histoire_, p. + 19. + + 190 Arist. _Pol. Ath._ lv. 3; Harpocration, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER ETA~} {~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK CAPITAL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} ... + + 191 In other words, the devisee could not possess the property devised + to him until his place as heir in the succession by blood or + adoption was legally established. + + 192 Isaeus, i. 17. The "friendship" insured that his presence and + officiating at the tomb would be acceptable to the soul of the + deceased--always an important consideration. + + M98 Early semi-pastoral habits. + + 193 Thuc. i. 2. {~GREEK CAPITAL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMEGA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + +_ 194 Od._ 21. 16. Cf. _Il._ xi. 682 _sq._ where the booty consists of 50 + herds of kine, 50 flocks of sheep, 50 droves of swine, 50 flocks of + goats, and 150 chestnut mares, many with foals at foot. + +_ 195 Il._ xx. 216-8. + +_ 196 Il._ xxi. 602. Cf. _Od._ iii. 495. + + M99 Modern methods of land-tenure in Greece and the islands. + +_ 197 Consular Reports_, p. 20. + +_ 198 Ibid._ + + M100 Family-holdings in Santa Maura. + + 199 P. 199. + +_ 200 Consular Reports_, pp. 23 and 30. + + M101 The open field system in Greece, + M102 and in the islands. + +_ 201 Ibid._ p. 26. + +_ 202 Ibid._ p. 40. + +_ 203 Ibid._ p. 49. + + M103 The open field system in Homer. + + 204 "The Homeric Land System," _Journal of Hellenic Studies_, 1885. + + M104 Ownership of the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} vested in the head of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 205 Isaeus, xi. 49 (Hagnias). + + 206 Harp. _s. v._ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK KORONIS~} {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}; {~GREEK CAPITAL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}. {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK KORONIS~} + {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~}. {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}. + + M105 Dependence of other members of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 207 Isaeus, vii. 15 and 27, (Apollod.) + + 208 1055 _et seq._ _Cf._ 1149 where one brother lives with his father + after the division, whilst his brother has a house of his own: and + 1086 where two brothers live apart but with undivided estate. + + M106 The prerogative of the eldest brother, + +_ 209 Il._ xv. 187 _sq._ + +_ 210 Ib._ xiii. 355. + +_ 211 Cf._ the use of {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} ("revered") as the stock epithet of the + _eldest_ brother in Homer _Il._ vi. 518, and elsewhere. Pollux, + _On._ 3, 24, states that this is the right use of the word. + + M107 contrasted with the power of the head of the household. + +_ 212 Od._ xiii. 142. + +_ 213 Il._ iv. 59 _sq._ + + {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMEGA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}; + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}, + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}; {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 214 Od._ i. 397, _cf._ ix. 115. + + 215 xxix. {~GREEK CAPITAL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}. + + {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ETA~}, {~GREEK SMALL LETTER ETA WITH DASIA AND VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}, {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~}, + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}; {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} + {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. + + 216 Pol. I. 2, 6. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. _Cf._ + use of {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} in _Aesch. Ag._ 1300, _Choeph._ 486 and 631. + +_ 217 Gortyn Law_, iv. 24, _supra_ p. 47. + + M108 No joint holding between a father and his sons. + + 218 In the island of Tenos, according to an inscription of the second or + third century B.C., the transfer of undivided fractions of houses + and property was of exceedingly common occurrence. Sales are + recorded of a fourth part of a tower and cistern; half a house, + lands, tower, &c. _Inscr. Jurid. Gr._: Dareste, &c. p. 63. + + M109 Confirmatory evidence of the Gortyn Laws. + +_ 219 Gortyn Laws_, iv. 29-31. + + M110 But the land was in theory inalienable from the family. + + 220 Cf. _Ordinances of Manu_, ix. 213-4. "If an eldest (brother), + through avarice, commit an injury against his younger (brothers), he + should be made a not-eldest and _shareless_, and be put under + restraint by kings." + + "None of the brothers who perform wrong acts _deserve_ (share in) + _the property_, ..." + +_ 221 Laws_, 877 c. + + 222 Lev. xxv. 25; Jerem. xxxii. 8. + + M111 Close analogy in the custom of Gavelkind in Kent. + + 223 Another version runs: + "The fader to the bonde + And the son to the londe." + + Sandys, _History of Gavelkind_, 1851, pp. 5 and 150. + + M112 Allotment or "gift" to a bastard son. + M113 But he was not admitted to his father's family. + +_ 224 Od._ xiv. 209. _Cf._ Pindar, _Ol._ ix. 95-100. Bastard prince named + after his mother's father and given one {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}. + + 225 Is. vi. 23. + + 226 Cf. _Eur. Ion_ 1541. + + ... {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M114 Gifts of land to new citizens. + + 227 See inscriptions quoted in _Mittheilungen Athen._ vol. 9, pt. 1, p. + 60. {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} ... {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + ... {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} (?) {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}, + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~}, &c. ... {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + Cf. _Cauer Delect._ 221. {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}, &c. ... and 232. + + _Do._ 395 (4th cent. B.C.). So many plethra each {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER MU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. + + _Do._ 27. The importance of the grant of {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} must lie in its + being the evidence of admission to full privilege. _V. infra_, p. + 139. + + M115 Dependence of sons during their father's life. + + 228 p. 122, note A. + +_ 229 Manu_, ix. 104-106. + + M116 His property divided amongst them at his death. + + 230 iv. 184. "An elder brother is equal to a father." + + M117 But special respect shown to the eldest son. + + 231 ix. 182. + + 232 iii. 171-2. + + 233 ix. 110 and 213. + + 234 ix. 111. + + M118 The duties of the householder. + + 235 iii. 77 _et seq._ + + 236 vi. 90. + + 237 iii. 67, 70, and 72. + + M119 Honour paid to the guest. + + 238 iii. 108. + +_ 239 Elektra_, 784. + +_ 240 Elektra_, 637. + +_ 241 Od._ viii. 546. {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}, + {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + +_ 242 Od._ iii. 30-80. + + M120 Right of maintenance of the younger members of the family. + +_ 243 Cf. Manu_, ix. 163. "The son of the body is the one and only lord + of the paternal wealth: but to do the others no harm he should + afford (them something) to support life." + +_ 244 Manu_, ix. 115. + + 245 ix. 214. + + 246 ix. 118. + + 247 ix. 47. + + 248 ix. 210. + + 249 ix. 209. + + 250 ix. 208. Though viii. 416 states the contrary. "A wife, _son_, and + slave are said to be without property: whatever property they + acquire is his to whom they (belong)." + + 251 ix. 207. + + M121 The {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} and his {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} contrasted with the tribesman and his + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 252 Il._ xx. 165. + + M122 The possessions of the {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 253 Od._ xiv. 96. + +_ 254 Il._ vi. 194. + +_ 255 Il._ ix. 574; _cf._ xx. 184. + +_ 256 Il._ xiv. 121. + + 257 Or "belonging to a _basileus_." + + 258 Cf. _Il._ xi. 67. "As when reapers over against each other drive + their swaths through the ploughland of a rich man of wheat and + barley, and thick fall the handfuls"... + + This contrast is drawn by Professor Ridgeway: _op. cit._ p. 19 + _Journal of Hellenic Studies_, 1885. + + M123 The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of the tribesman probably in the open fields in the + plain. + +_ 259 Il._ xviii. 541. + +_ 260 Il._ xxi. 602. + + 261 Ridgeway, _op. cit._ + + 262 Plato, _Laws_, 842. E. {~GREEK CAPITAL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMEGA~}; {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} ... {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} + ... {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}, {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}, {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}, + {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. + +_ 263 Il._ xi. 558. + +_ 264 Il._ xii. 421; _v._ Ridgeway, _op. cit._ + + 265 Isaeus, ix. 17-19. + + 266 {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. _Il._ xxiii. 832. _v._ Ridgeway, _op. cit._ p. 16. + + M124 The {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} "honoured like a god with gift of a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}." + +_ 267 Il._ xii. 313. Cf. _Il._ ix. 297. A good king also has power over + the crops, etc., to bring plenty. See _Od._ xix. 110-5. Frazer, + Golden Bough, i. 8 _et seq._ + +_ 268 Il._ vi. 191. + +_ 269 Il._ xii. 313. {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~} (_not_ {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA~}). + +_ 270 Od._ vi. 291-3. Xenophon states that choice portions of land in the + territory of many neighbouring towns were set apart for the king of + Sparta. _Rep. Laced._ xv. 3. + +_ 271 Od._ xi. 184. + + M125 The {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} descended from father to son. + +_ 272 Il._ xx. 391, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + + 273 {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}. + + 274 Vide _Il._ ii. 46 and 101-8. Agamemnon's {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} had been + handed down to him in succession from Thyestes, Atreus, Pelops, + Hermes, and Zeus, for whom it had been made by Hephaistos. + +_ 275 Od._ i. 386. Cf. _Od._ ii. 22. {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}. + + Cf. _Od._ i. 407. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}? + + Cf. _Od._ xi. 185. Telemachos {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA~} of Odysseus. + + Cf. _Od._ xx. 336. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + M126 Iason's claim upon his great-grandfather's estate. + + 276 Pindar, _Pyth._ iv. 255 _et seq._ + + M127 Rich tribesman might hold several {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. + +_ 277 Od._ xiv. 211. + + 278 Cf. _Il._ xii. 421. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M128 The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was the holding of the head of an {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 279 Od._ xiv. 62. + +_ 280 Od._ xiv. 211. + + 281 Wks. and Dys. 405. The next line which explains that the woman is to + be slave and _not_ a wife is evidently a later addition. Aristotle + did not know it, and interpreted {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~} as wife. + +_ 282 Pol._ i. 2, 5-7. + + 283 I am indebted to Professor Ridgeway for the right meaning and + derivation of this word, which stands for {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, having the {~GREEK SMALL LETTER ALPHA~} + long and not short as stated in Liddell and Scott's Dictionary. + Another reading is {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} which would mean sharers of the smoke + or hearth. + + 284 Pindar, _Nem._ ix. 11. + + M129 and supplied the maintenance the house. + +_ 285 OEcon._ i. 2. {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. Pol. i. + 4, 1. {~GREEK SMALL LETTER ETA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + +_ 286 Od._ iv. 318. + +_ 287 Od._ xiv. 158; xvii. 155; xx 230. {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK CAPITAL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ETA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}. + + M130 Force of the bond of food. + +_ 288 Il._ vi. 230. + + M131 The need of an established household strongly felt. + +_ 289 Il._ xv. 497. + + 290 p. 75. Mr. Leaf mentions other countries where the father takes a + new name as father of his eldest son. + +_ 291 Od._ iv. 754-7 + + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON~} + {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + "Far away" implies width of sway and extent of influence; and the + protection of outlying properties would necessitate a great name and + a strong hand. + + M132 Diversion of inheritance by death of heir a sore evil. + +_ 292 Il._ v. 151 _et seq._ + +_ 293 Od._ vii. 150. + +_ 294 Od._ xi. 184. _Cf._ xx. 336. {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} (= Telemachos) {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + M133 Naboth's vineyard bound to his family and heir. + + 295 1 Kings xxi 3. + + 296 Ezekiel xlvi. 16. + + M134 The maintenance of the chiefs levied upon the people under the name + of gifts. + +_ 297 Od._ i. 392. + + 298 {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} in Homer means "prince" and is applied to a class, not a + single chieftain. _Il._ xii. 319 of Sarpedon and Glaukos. _Il._ iv. + 96 of Paris. _Od._ i. 394 of the Ithakans. _Od._ viii. 41 and 390 of + the Phaeakians. _Cf._ + +_ 299 Il._ xvii. 250. + +_ 300 Il._ xxiv. 262. + +_ 301 Od._ ii. 74. + +_ 302 Od._ xiii. 13. + +_ 303 Od_. xix. 195. + + M135 The right to receive such "gifts" could be transferred to another. + +_ 304 Il._ ix. 291. Cf. _Il._ ix. 483. Peleus enriched Phoinix, and gave + him much people ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}) to be {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER XI~} over. + +_ 305 Od._ iv. 174. + + M136 In India the chief of a town might receive the king's supplies. + +_ 306 Manu_, vii. 118. + + 307 vii. 123. + + M137 The maintenance of the Great King, + + 308 Herod, i. 192. + +_ 309 Ibid._ + + M138 and of Solomon. + + 310 1 Kings iv. 7-27. One of these officers was over "threescore great + cities with walls and brazen bars." + + M139 Revenue from land in ancient Egypt. + + 311 Herod. ii. 109. + + 312 Genes. xlvii. 26. + + M140 Grants of land to the prince easily made, in their elastic system of + agriculture. + + 313 Pind. _Nem._ vi. 11 (Trans. Myers), _cf._ Ridgeway, _op. cit._ p. + 20. + + M141 Such grants were a special honour, and served to relieve other + contributions. + + 314 Ezekiel xlv. 8, 9. + + 315 Ez. xlvi. 18. + +_ 316 Od._ xxiv. 207. + + M142 Modern specimens of the elasticity of Greek methods. + + 317 Mahaffy, _Rambles in Greece_, 3rd ed. p. 200. + + 318 Rennell Rodd's _Customs and Lore of Modern Greece_, p. 58. + + M143 The gifts to the prince not actually food-rents for the land. + M144 The chief's land apart from the tribesmen's. + +_ 319 Od._ vi. 293. + +_ 320 Ib._ 259. + + M145 The land sustained the householder in his duties to other members + and guests. + M146 The chief had the right to demand gifts from the people; + M147 he had tribal right to a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, as the tribesman to a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, + M148 but could not deprive the tribesman of his land. + + 321 The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is spoken of as capable of good cultivation by means of a + yoke of oxen. + + M149 Hesiod an immigrant: not a typical case of a family. + +_ 322 Works and Days_ 637. Possession of land would presuppose admission + to full civic rights. _V. supra_, p. 97. + +_ 323 Il._ ix. 648; xvi. 59. + +_ 324 W. and D._ 345 &c. {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + M150 Land was in theory inalienable from the family. + + 325 Arist. _Pol._ VIII. ii. 5. {~GREEK SMALL LETTER ETA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} + {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}; {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK CAPITAL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} + {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}. Cf. _Id._ iv. 4 + {~GREEK SMALL LETTER OMEGA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}.... {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMEGA WITH OXIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + +_ 326 Laws_ 741. + +_ 327 Laws_ 923. + + M151 In Sparta child must be accepted by its father's tribesmen, + +_ 328 Lycurg._ xvi. + + 329 Suidas; and Harpocration _s.v._ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}:--{~GREEK CAPITAL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}, {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH DASIA AND PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. Octopus is + still a staple article of food on the shores of the Mediterranean. + + M152 who decided as to its maintenance. + +_ 330 Nouvelles Recherches_, 1891, p. 63. + + M153 Maintenance derived from the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + M154 The family bound to their land at Athens; + + 331 Arist. _Pol. Ath._ 2 and 5. + + M155 and in Lokris. + + 332 Dareste, &c, _Recueil des Inscr. Jurid. Gr._ xi. + + M156 But heirs at Athens also must first be accepted by group of kinsmen. + + 333 Isaeus, iii. 60 and 42; vi. 48. + + 334 Isaeus, iii. 73 and 80. + + M157 Further application of the idea of family land. + M158 Two methods of occupation of land: (1) by owner himself; (2) by + subject population. + + 335 Cf. _Thuc._ ii. 16 for Attica. Such are the numerous small farmers + who appear in the plays of Aristophanes. + +_ 336 Athen._ vi. 85. {~GREEK CAPITAL LETTER BETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} ({~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER BETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMEGA WITH OXIA AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. _Cf._ Strabo, xii. 3, 4. + + M159 At Gortyn on extinction of citizen-family the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} inherited. + + 337 Gortyn. v. 25. {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DIGAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}. The words {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DIGAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} + should be taken with {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, &c, rather than with the preceding + words. {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is equivalent to {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + See Dareste, &c, _Inscript. Jurid. Gr._ p. 463. + + M160 Similar twofold tenure in the Athenian {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + M161 Examples in Salamis, + +_ 338 Mittheil. Inst. Ath._ ix. p. 117. The original number of {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} + in this case was apparently five hundred. + + M162 in Lesbos, + + 339 Thuc. iii. 50. + + 340 {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}. + + 341 {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}. + + 342 Aelian, _V. II._ vi. I. _Cf._ Herod, v. 77 and vi. 100. + + M163 Each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} therefore supported two families. + + 343 Smith's _Dicty. of Antiquities_, s.v. _colonia_. + + 344 Bekker, _Charicles_, p. 218. + + 345 Ridgeway, _Origin of Currency_, &c., p. 324. + + 346 The ordinary Athenian dicast is supposed to have subsisted largely + upon his pay of three obols or a half-drachma _per diem_. + + M164 The same double ownership in leases "for ever." + + 347 Dareste, &c, _Recueil Inscr. Grec._ p. 256 xiii. + + 348 Cauer, _Delectus_, 263. + + {~GREEK CAPITAL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}[{~GREEK SMALL LETTER IOTA~}] {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}[{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}]{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}. {~GREEK CAPITAL LETTER PHI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DIGAMMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER RHO~}; + {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}. {~GREEK CAPITAL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. + + 349 Dareste, &c, _Inscr. Jurid. Grec._ xiii. quater. (Mylasa in Karia. + Second century B.C.) _summarised:_-- + + A. The tribe ({~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}) of the Otorkondeis at the advice of their + treasurers and led by the priest of Artemis, decide to purchase from + Thraseas, son of Polites son of Melas of Grab ... and adopted son of + Heracleitos son of Heracleides of Ogonda, lands ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}) in the Ombian + plain with the sixty-two ranks of vines, three olive trees, and all + the other trees without reserve, also lands elsewhere with the trees + without reserve for 5,000 drachmae of light Rhodian silver, provided + that Thraseas has the sale registered with sureties. Moreover, + Thraseas coming to the ekklesia declared that he was ready to manage + these things: and the sale having taken place of the said + (properties) to the trustees in the name of the god. Thraseas + himself then and there took on lease all the said (properties) from + the treasurers of the tribe: and he shall hold them ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}) + for his patrimony, himself and his issue or those to whomsoever the + inheritance of his goods passes, and he shall pay annually to the + treasurers of the tribe 100 and ... drachmae, without fail or fraud. + + B. ... all the land and trees which Thraseas has bought from + Artemisia, daughter of Hekataios of Ketambissos, without exception + in these places either in the matter of the share he took in the + division with his brother or of what he bought from Artemisia, all + for 7,000 drachmae of light silver of Rhodes, provided that Thraseas + register the sale and give sureties. And coming before the ekklesia + Thraseas declared that he was prepared to manage this; and the sale + of the foregoing having taken place to the trustees in the name of + the god, Thraseas himself then and there took on lease all the + foregoing from the treasurers of the tribe: and he shall hold them + ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}) for his patrimony, himself and his issue or those to + whom the inheritance passes, and he shall pay annually to the + treasurers of the tribe 300 drachmae. + + The rent forms part of the revenues of the god. If Thraseas gets + more than two years in arrear, the contract is annulled. + + He shall not divide the land or share the rent ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} + {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~}.... {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). + + M165 Perhaps due to the prevailing idea of the family as a continuing + unit. + M166 No final word can yet be said. + M167 Explanation of the structure of the kindred to be found in the + descent of city life from earlier stage of tribal society. + M168 Similarity between the bond of tribal blood and that of citizenship. + M169 The threefold bond:-- + M170 (1) the bond of blood; + M171 (2) the bond of religion; + M172 (3) the bond of maintenance. + + 350 Robertson Smith (_The Religion of the Semites_) holds that the + object of sacrifice was thus to maintain this imaginary kinship + between the deity and the worshippers. + + M173 Many tribal customs survived in the kindred and the household. + M174 But these survivals mostly found in post-Homeric records. + M175 They perhaps belonged to the pre-Achaian inhabitants of Greece. + +_ 351 Companion to the Iliad_, pp. 6-7. + + 352 Since the foregoing chapters were in print, I have had the benefit + of seeing Herr Erwin Rohde's admirable work, entitled _Psyche_ + (Freiburg and Leipsig, 1894). His view is that the worship of Heroes + had the complete form of ancestor-worship: that, ancestors being + buried at the hearth, or in the family tomb on private ground, death + made no break in the membership of the family. And he claims that + the _Seelencult_ or ancestor-worship of the later Greeks must have + been continuous from pre-Homeric times. + + M176 But many were probably of wider parentage. + M177 Comparison with the history of the Jews. + M178 Reaction in times of distress to earlier tribal habits by the Jews, + and perhaps by the Achaians. + M179 These tribal habits probably only dormant throughout and common to + all Greeks, + M180 if not practically even to all tribal systems. + + + + + +***END OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** + + + +CREDITS + + +August 18, 2008 + + Project Gutenberg TEI edition 1 + Produced by Frank van Drogen, David King, and the Online + Distributed Proofreading Team at <http://www.pgdp.net/>. 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\ No newline at end of file diff --git a/26341-8.zip b/26341-8.zip Binary files differnew file mode 100644 index 0000000..ed5d282 --- /dev/null +++ b/26341-8.zip diff --git a/26341-h.zip b/26341-h.zip Binary files differnew file mode 100644 index 0000000..a86b4cf --- /dev/null +++ b/26341-h.zip diff --git a/26341-h/26341-h.html b/26341-h/26341-h.html new file mode 100644 index 0000000..83e3482 --- /dev/null +++ b/26341-h/26341-h.html @@ -0,0 +1,7981 @@ +<?xml version="1.0" encoding="utf-8"?> +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml" lang="en" xml:lang="en"><head><meta http-equiv="Content-Type" content="text/html; charset=utf-8" /><meta http-equiv="Content-Style-Type" content="text/css" /><link rel="schema.DC" href="http://purl.org/dc/elements/1.1/" /><meta name="DC.Creator" content="Hugh E. Seebohm" /><meta name="DC.Title" content="On The Structure of Greek Tribal Society: An Essay" /><meta name="DC.Date" content="August 18, 2008" /><meta name="DC.Language" content="English" /><meta name="DC.Publisher" content="Project Gutenberg" /><meta name="DC.Identifier" content="http://www.gutenberg.org/etext/26341" /><meta name="DC.Rights" content="This text is in the public domain." /><title>The Project Gutenberg EBook of On The Structure of Greek Tribal Society: An Essay by Hugh E. 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Seebohm</p></div><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><p class="tei tei-p" style="margin-bottom: 1.00em">This eBook is for the use of anyone anywhere at no cost + and with almost no restrictions whatsoever. You may copy it, + give it away or re-use it under the terms of the Project + Gutenberg License <a href="#pglicense" class="tei tei-ref">included with this + eBook</a> or online at <a href="http://www.gutenberg.org/license" class="tei tei-xref">http://www.gutenberg.org/license</a></p></div><pre class="pre tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em">Title: On The Structure of Greek Tribal Society: An Essay + +Author: Hugh E. Seebohm + +Release Date: August 18, 2008 [Ebook #26341] + +Language: English + +Character set encoding: UTF-8 + + +***START OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** +</pre></div> + </div> + <div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + + </div> + + <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.73em"><span style="font-size: 173%">ON THE STRUCTURE</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.20em"><span style="font-size: 120%">OF</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.73em"><span style="font-size: 173%">GREEK TRIBAL SOCIETY</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">AN ESSAY</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.20em"><span style="font-size: 120%">by</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">Hugh E. Seebohm</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">London</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">MacMillan And Co.</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 0.90em"><span style="font-size: 90%">And New York</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">1895.</p> + </div> + <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Contents</span></h1> + <ul class="tei tei-index tei-index-toc"><li><a href="#toc1">Preface</a></li><li><a href="#toc3">Chapter I. Introductory.</a></li><li><a href="#toc5">Chapter II. The Meaning Of The Bond Of Kinship.</a></li><li style="margin-left: 2em"><a href="#toc7">§ 1. The Duty Of Maintenance Of Parents During +Life, And After Death At Their Tomb.</a></li><li style="margin-left: 2em"><a href="#toc8">§ 2. The Duty Of Providing Male Succession.</a></li><li style="margin-left: 2em"><a href="#toc9">§ 3. The Position Of The Widow Without Child +And The Duties Of An Only Daughter.</a></li><li style="margin-left: 2em"><a href="#toc10">§ 4. Succession Through A Married Daughter: +Growth Of Adoption: Introduction Of New +Member To Kinsmen.</a></li><li style="margin-left: 2em"><a href="#toc11">§ 5. The Liability For Bloodshed.</a></li><li><a href="#toc12">Chapter III. The Extent Of The Bond Of Kinship.</a></li><li style="margin-left: 2em"><a href="#toc14">§ 1. Degrees Of Blood-Relationship; The Ἀγχιστεία.</a></li><li style="margin-left: 2em"><a href="#toc15">§ 2. Limitations In Respect Of Succession +Outside The Direct Line Of Descent.</a></li><li style="margin-left: 2em"><a href="#toc16">§ 3. Division Amongst Heirs.</a></li><li style="margin-left: 2em"><a href="#toc17">§ 4. Qualifications For The Recognition Of Tribal Blood.</a></li><li style="margin-left: 2em"><a href="#toc18">§ 5. Limitations Of Liability For Bloodshed.</a></li><li><a href="#toc19">Chapter IV. The Relation Of The Family To The Land.</a></li><li style="margin-left: 2em"><a href="#toc21">§ 1. The Κλῆρος And Its Form.</a></li><li style="margin-left: 2em"><a href="#toc22">§ 2. The Relation Of The Κλῆρος To The Οἶκος.</a></li><li style="margin-left: 2em"><a href="#toc23">§ 3. The Householder In India: The Guest.</a></li><li style="margin-left: 2em"><a href="#toc24">§ 4. Tenure Of Land In Homer: The Κλῆρος And The Τέμενος.</a></li><li style="margin-left: 2em"><a href="#toc25">§ 5. Early Evidence <span style="font-style: italic">continued</span>: The Κλῆρος +And The Maintenance Of The οἶκος.</a></li><li style="margin-left: 2em"><a href="#toc26">§ 6. Early Evidence <span style="font-style: italic">continued</span>: The Τέμενος +And The Maintenance Of The Chieftain.</a></li><li style="margin-left: 2em"><a href="#toc27">§ 7. Summary Of The Early Evidence.</a></li><li style="margin-left: 2em"><a href="#toc28">§ 8. Hesiod And His Κλήρος.</a></li><li style="margin-left: 2em"><a href="#toc29">§ 9. Survivals Of Family Land In Later Times.</a></li><li style="margin-left: 2em"><a href="#toc30">§ 10. The Idea Of Family Land Applied Also To +Leasehold And Semi-Servile Tenure.</a></li><li><a href="#toc31">Chapter V. Conclusion.</a></li><li><a href="#toc33">Index.</a></li><li><a href="#toc35">Footnotes</a></li></ul> + </div> + </div> +<div class="tei tei-body" style="margin-bottom: 6.00em; margin-top: 6.00em"> + +<span class="tei tei-pb" id="pagev">[pg v]</span><a name="Pgv" id="Pgv" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc1" id="toc1"></a> +<a name="pdf2" id="pdf2"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Preface</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These notes, brief as they are, owe more than can +be told to my father's researches into the structure +and methods of the Tribal System. They owe their +existence to his inspiration and encouragement. A +suitable place for them might possibly be found in +an Appendix to his recently published volume on +the Structure of the Tribal System in Wales. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In ascribing to the structure of Athenian Society +a direct parentage amongst tribal institutions, I am +dealing with a subject which I feel to be open to +considerable criticism. And I am anxious that the +matters considered in this essay should be judged +on their own merits, even though, in pursuing the +method adopted herein, I may have quite inadequately +laid the case before the reader. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +My thanks are due, for their ready help, to +Professor W. Ridgeway, Mr. James W. Headlam, +and Mr. Henry Lee Warner, by means of whose +kind suggestions the following pages have been +weeded of several of their faults. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is impossible to say how much I have consciously +or unconsciously absorbed from the works +<span class="tei tei-pb" id="pagevi">[pg vi]</span><a name="Pgvi" id="Pgvi" class="tei tei-anchor"></a> +of the late M. Fustel de Coulanges. His <span class="tei tei-hi"><span style="font-style: italic">La Cité +Antique</span></span> and his <span class="tei tei-hi"><span style="font-style: italic">Nouvelles Recherches sur quelques +Problèmes d'Histoire</span></span> (1891) are stores of suggestive +material for the student of Greek and Roman +customs. They are rendered all the more instructive +by the charm of his style and method. I +have merely dipped a bucket into his well. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In quoting from Homer, I have made free use +of the translations of Messrs. Lang, Leaf, and Myers +of the <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span>, and of Messrs. Butcher and Lang of +the <span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span>; and I wish to make full acknowledgment +here of the debt that I owe to them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some explanation seems to be needful of the +method pursued in this essay with regard to the +comparison of Greek customs with those of other +countries. The selection for comparison has been +entirely arbitrary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Wales has been chosen to bear the brunt of +illustration, partly, as I have said, because of my +father's work on the Welsh Tribal System, partly +because the <span class="tei tei-hi"><span style="font-style: italic">Ancient Laws of Wales</span></span> afford a +peculiarly vivid glimpse into the inner organisation +of a tribal people, such as cannot be obtained +elsewhere. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The <span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span>, on the other hand, +are constantly quoted by writers on Greek institutions; +and, I suppose, in spite of the uncertainty +of their date, they can be taken as affording a very +fair account of the customs of a highly developed +Eastern people. It would be hard, moreover, to +<span class="tei tei-pb" id="pagevii">[pg vii]</span><a name="Pgvii" id="Pgvii" class="tei tei-anchor"></a> +say where the connection of the Greeks with the +East began or ended. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The use made of the <span class="tei tei-hi"><span style="font-style: italic">Old Testament</span></span> in these +notes hardly needs further remark. Of no people, +in their true tribal condition before their settlement, +have we a more graphic account than of the +Israelites. Their proximity geographically to the +Phœnicians, and the accounts of the widespread +fame of Solomon and the range of his commerce, +at once suggest comparison with the parallel and +contemporaneous period of Achaian history, immediately +preceding the Dorian invasion, when, if we +may trust the accounts of Homer, the intercourse +between the shores of the Mediterranean must have +been considerable. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All reference to records of Roman customs has +been omitted, not because they are not related or +analogous to the Greek, but because they could not +reasonably be brought within the scope of this +essay. The ancestor-worship among the Romans +was so complete, and the organisation of their +kindreds so highly developed, that they deserve +treatment on their own basis, and are sufficient to +form the subject of a separate volume. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. E. S. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">The Hermitage, Hitchin</span></span>.<br /> +<span class="tei tei-hi"><span style="font-style: italic">July, 1895.</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +[Transcriber's Note: This e-book contains much Greek text which is often +relevant to the point of the book. In the ASCII versions of the e-book, the Greek +is transliterated into Roman letters, which do not perfectly represent the +Greek original; especially, accent and breathing marks do not transliterate. +The HTML and PDF versions contain the true Greek text of the original book. +In the ASCII e-book, the markings such as (M1) indicate marginal notes, which were +printed in the margins of the original book, but in the e-book are transcribed +at the end with the footnotes.] +</p> + +</div> + +<span class="tei tei-pb" id="page001">[pg 001]</span><a name="Pg001" id="Pg001" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc3" id="toc3"></a> +<a name="pdf4" id="pdf4"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Chapter I. Introductory.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Vitality of the tribal system.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In trying to ascertain the course of social development +among the Greeks, the inquirer is met by an +initial difficulty. The Greeks were not one great +people like the Israelites, migrating into and settling +in a new country, flowing with milk and honey. +Their movements were erratic and various, and took +place at very different times. Several partial migrations +are described in Homer, and others are referred to as +having taken place only a few generations back. +The continuation of unsettled life must have had the +effect of giving cohesion to the individual sections +into which the Greeks were divided, in proportion as +the process of settlement was protracted and difficult. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in spite of divergencies caused by natural +surroundings, by the hostility or subservience of +previous occupants of the soil, there are some features +of the tribal system, wherever it is examined, so +inherent in its structure as to seem almost indelible. +A new civilisation was not formed to fit into the angles +of city walls. Even modification could take place +<span class="tei tei-pb" id="page002">[pg 002]</span><a name="Pg002" id="Pg002" class="tei tei-anchor"></a> +only of those customs whose roots did not strike too +deeply into the essence of the composition of tribal +society. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Its survivals form the subject of this inquiry.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It is the object of these notes to try to put back +in their true setting some of the conditions prevailing, +sometimes incongruously with city life, among the +Greeks in historical times, and by comparison with +analogous survivals in known tribal communities, of +whose condition we have fuller records, to establish +their real historical continuity from an earlier stage +of habit and belief. +</p> + + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The centres of political and tribal society.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There were three important public places necessary +to every Greek community and symbolical to the +Greek mind of the very foundations of their institutions. +These were:—the <span class="tei tei-hi"><span style="font-style: italic">Agora</span></span> or place of assembly, +the place of justice, and the place of religious sacrifice. +From these three sacred precincts the man who stirred +up civil strife, who was at war with his own people, +cut himself off. Such an one is described in Homer +as being, by his very act, <span class="tei tei-q">“clanless”</span> (ἀφρήτωρ), <span class="tei tei-q">“out-law”</span> +(ἀθέμιστος), and <span class="tei tei-q">“hearthless”</span> +(ἀνέστιος).<a id="noteref_1" name="noteref_1" href="#note_1"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">1</span></span></a> In the +camp of the Greeks before Troy the ships and huts of +his followers were congregated by the hut of their +chief or leader. Each sacrificed or poured libation to +his favourite or familiar god at his own hut +door.<a id="noteref_2" name="noteref_2" href="#note_2"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">2</span></span></a> +But in front of Odysseus' ships, which, we are told, +were drawn up at the very centre of the camp, stood +the great altar of Zeus Panomphaios—lord of <span class="tei tei-hi"><span style="font-style: italic">all</span></span> +oracles—<span class="tei tei-q">“exceeding fair.”</span><a id="noteref_3" name="noteref_3" href="#note_3"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">3</span></span></a> <span class="tei tei-q">“Here,”</span> says the poet, +<span class="tei tei-q">“were <span class="tei tei-hi"><span style="font-style: italic">Agora</span></span>, <span class="tei tei-hi"><span style="font-style: italic">Themis</span></span>, and the altars of +the gods.”</span> +</p> + +<span class="tei tei-pb" id="page003">[pg 003]</span><a name="Pg003" id="Pg003" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Trojans held <span class="tei tei-hi"><span style="font-style: italic">agora</span></span> at Priam's +doors,<a id="noteref_4" name="noteref_4" href="#note_4"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">4</span></span></a> and it +is noticeable that the space in front of the chief's hut +or palace was generally considered available for such +purposes as assembly, games, and so forth, just as it +was with the ancient Irish. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The Prytaneum and Hestia.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the centre of most towns of Greece<a id="noteref_5" name="noteref_5" href="#note_5"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">5</span></span></a> stood the +Prytaneum or magistrates' hall, and in the Prytaneum +was the sacred hearth to which attached such reverence +that in the most solemn oaths the name of +Hestia was invoked even before that of Zeus.<a id="noteref_6" name="noteref_6" href="#note_6"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">6</span></span></a> Thucydides +states that each κώμη or village of Attica had +its hearth or Prytaneum of its own, but looked up +to the Hestia and Prytaneum in the city of Athens as +the great centre of their larger polity. In just the +same way the lesser kindreds of a tribe would have their +sacred hearths and rites, but would look to the hearth +and person of their chief as symbolical of their tribal +unity. Thucydides also mentions how great a wrench +it seemed to the Athenians to be compelled to leave +their <span class="tei tei-q">“sacred”</span> homes, to take refuge within the walls of +Athens from the impending invasion by the +Spartans.<a id="noteref_7" name="noteref_7" href="#note_7"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">7</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The word <span class="tei tei-hi"><span style="font-style: italic">Prytanis</span></span> means <span class="tei tei-q">“chieftain.”</span> It is probable +that, as the duties sacred and magisterial of the +chief became disseminated among the other officers +of later civilisation, the chief's dwelling, called the +<span class="tei tei-pb" id="page004">[pg 004]</span><a name="Pg004" id="Pg004" class="tei tei-anchor"></a> +Prytaneum, acquiring vitality from the indelible +superstition attaching to the hearth within its precincts, +maintained thereby its political importance, +when nothing but certain religious functions remained +to its lord and master in the office of Archon +Basileus. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Their origin.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. Frazer, in his article in the +<span class="tei tei-hi"><span style="font-style: italic">Journal of Philology</span></span><a id="noteref_8" name="noteref_8" href="#note_8"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">8</span></span></a> upon the resemblance of the Prytaneum in +Greece to the Temple of Vesta in Rome, shows that +both had a direct connection with, if not an absolute +origin in the domestic hearth of the chieftain. The +Lares and Penates worshipped in the Temple of Vesta, +he says, were originally the Lares and Penates of the +king, and were worshipped at his hearth, the only +difference between the hearth in the temple and the +hearth in the king's house being the absence of the +royal householder.<a id="noteref_9" name="noteref_9" href="#note_9"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">9</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. Frazer also maintains that the reverence for +the hearth and the concentration of such reverence +on the hearth of the chieftain was the result of the +difficulty of kindling a fire from rubbing sticks together, +and of the responsibility thus devolving +upon the chieftain unfailingly to provide fire for +his people. Whether this was the origin or not, +before the times that come within the scope of this +inquiry, the hearth had acquired a real sanctity +which had become involved in the larger idea of it +as the centre of a kindred, including on occasion the +mysterious presence also of long dead ancestors. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Qualification for share in +religious rites one of blood.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The basis of tribal coherence was community of +blood, actual or supposed; the visible evidence of the +<span class="tei tei-pb" id="page005">[pg 005]</span><a name="Pg005" id="Pg005" class="tei tei-anchor"></a> +possession of tribal blood was the undisputed participation, +as <span class="tei tei-hi"><span style="font-style: italic">one of a kindred</span></span>, in the common religious +ceremonies, from which the blood-polluted and the +stranger-in-blood were so strictly shut out.<a id="noteref_10" name="noteref_10" href="#note_10"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">10</span></span></a> It is +therefore in the incidence of religious duties, and in +the qualifications of the participants, that it is reasonable +to seek survivals of true tribal sentiment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Although the religious life of the Greeks was +always complex, there is not to be found in Homer +the broad distinction drawn afterwards between +public and private gods. It is noticeable that the +later Greeks sought to draw into their homes the +beneficent influence of one or other of the greater +gods, whose protection and guidance were claimed in +times of need by all members of the household. +Secondary influences, though none the less strongly +felt, were those of the past heroes of the house, +sometimes only just dead, to be propitiated at the +family tombs or hearth. Anxiety on this head, and +the deeply-rooted belief in the real need to the dead +of attentions from the living, were, it will be seen, +most powerful factors in the development of Greek +society. +</p> + + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Ancestor-worship not obvious in Homer.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The worship of ancestors or household gods as +such is not evident in the visible religious exercises +of the Homeric poems. But this can hardly be a +matter of surprise. The Greek chieftains mentioned +in the poems are so nearly descended from the +gods themselves, are in such immediate relation each +with his guardian deity, and are so indefatigable +in their attentions thereto, that it would surely be +<span class="tei tei-pb" id="page006">[pg 006]</span><a name="Pg006" id="Pg006" class="tei tei-anchor"></a> +extremely irrelevant if any of the libations or +hecatombs were perverted to any intermediate, however +heroic, ancestor from the all-powerful and ever +ready divinity who was so often also himself the +boasted founder of the family.<a id="noteref_11" name="noteref_11" href="#note_11"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">11</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Offerings of food to the gods,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The libations and hecatombs themselves, however, +seem to serve much the same purpose as the offerings +to the <span class="tei tei-hi"><span style="font-style: italic">manes</span></span> or household gods, and relieved the +luxurious craving for sustenance in the immortals, +left unsatisfied by their ethereal diet of nectar and +ambrosia.<a id="noteref_12" name="noteref_12" href="#note_12"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">12</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and to the dead.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Yet it is strange that if libations and sacrifices +were paid to the dead <span class="tei tei-hi"><span style="font-style: italic">periodically</span></span> at their tombs, no +mention of the occurrence is to be found in Homer. +That the dead were believed to appreciate such +attentions may be gathered from the directions given +by Circe to Odysseus. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Then pour a drink-offering to all the dead, first with mead +(μελικρήτῳ), and thereafter with sweet wine, and for the third time +with water, and sprinkle white meal thereon.... and promise +thou wilt offer </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">in thy halls</span></span><a id="noteref_13" name="noteref_13" href="#note_13"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">13</span></span></a><span style="font-size: 90%"> a barren heifer, the best thou hast, and +fill the pyre with treasure, and wilt sacrifice apart to Teiresias +alone a black sheep without spot, the fairest of your flock.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The continuance of his name quite as +important as offerings of food.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +This done, the ghosts flock up to drink of the blood +of the victim. But the ghost of Elpenor, who met +his death at the house of Circe by falling from the +roof in his drunken haste to join his already departed +<span class="tei tei-pb" id="page007">[pg 007]</span><a name="Pg007" id="Pg007" class="tei tei-anchor"></a> +comrades, and who had therefore received no burial +at their hands, demands no libations or sacrifices for +the refreshment of his thirsty soul, but merely burial +with tears and a barrow upon the shore of the gray +sea, that his name may be remembered by men to +come. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Nestor's son elsewhere is made to remark that +one must not grudge the dead their meed of tears; +for the times are so out of joint, <span class="tei tei-q">“this is now the +only due we pay to miserable men, to cut the hair +and let the tear fall from the cheek.”</span><a id="noteref_14" name="noteref_14" href="#note_14"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">14</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is the right conclusion then that the Homeric +Greeks did not sacrifice at the tombs of their fathers, +and that the so-called ancestor-worship prevalent later +was introduced or revived under their successors? Or +is it that the aristocratic tone of the poet did not +permit him to bear witness to the intercourse with +any deity besides the one great family of Olympic +gods, less venerable than a river or other personification +of nature?<a id="noteref_15" name="noteref_15" href="#note_15"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">15</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There exists such close family relationship amongst +Homer's gods, extended as it is also to most of his +chieftains, that taking into account the conspicuous +<span class="tei tei-pb" id="page008">[pg 008]</span><a name="Pg008" id="Pg008" class="tei tei-anchor"></a> +reverence displayed towards the hearth and the +respect for seniority in age, it may perhaps be +justifiable to suppose that domestic religious observances, +other than those directed to the Olympic gods, +were thought by the poet to be as much beneath his +notice as the swarms of common tribesmen who +shrink and shudder in the background of the poems. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Offerings to the dead in the Old Testament.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Ancestor-worship would be as much out of place +in the Old Testament; and yet there are references +in the Bible to offerings to the dead which, unless they +are held to refer only to importations from outside +religions and not to relapses in the Israelites themselves +to former superstitions of their own people, imply +that the great tribal religion of the Israelites had superseded +pre-existing ceremonies of ancestor-worship. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Deut. xxvi. 13. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And thou shalt say before the Lord thy God, +I have brought away the hallowed things out of mine house, and +also have given them unto the Levite and the stranger, to the +fatherless and to the widow, according to all thy commandments +which thou hast commanded me: I have not transgressed thy +commandments, neither have I forgotten them: I have not eaten +thereof in my mourning, neither have I taken away ought thereof +for any unclean use, nor </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">given ought thereof for the dead</span></span><span style="font-size: 90%">.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The transgressions of the Israelites in the wilderness +are described in the Psalms:—<span class="tei tei-q">“They joined +themselves also unto Baalpeor and <span class="tei tei-hi"><span style="font-style: italic">ate the sacrifices +of the dead</span></span>.”</span><a id="noteref_16" name="noteref_16" href="#note_16"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">16</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was not necessary for an ancestor to become +a god to be worthy of worship, or to need the +attentions of the living. If he was thought to haunt +tomb or hearth, and to keep his connection thus +with his family in the upper world, he required +nourishment on his visits. He was also considered +<span class="tei tei-pb" id="page009">[pg 009]</span><a name="Pg009" id="Pg009" class="tei tei-anchor"></a> +to keep a jealous watch on the continuance of his +fair fame among the living. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Resemblance between Homer and the Old Testament.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +A close resemblance in this point lies between +the Homeric poems and the Old Testament. Though +actual food and drink is not provided for the dead, +yet the stress laid on the permanence of the family, +<span class="tei tei-hi"><span style="font-style: italic">lest the name of the dead be cut off from his place</span></span>, +is quite in keeping with the request of Elpenor to +Odysseus to insure the continuance of his name in +the memory of living men. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is quite possible that, as the story of the interview +of Odysseus with the dead reveals that the idea of +the dead enjoying sacrifices of food and drink was +familiar at that time, even though the periodical supply +of such is not mentioned, so the existence of Laban's +household gods and the gathering of the kindred of +Jesse to their family ceremony<a id="noteref_17" name="noteref_17" href="#note_17"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">17</span></span></a> may bear witness to +the presence of a survival of ancestor-worship in some +equivalent form, underlying the all-absorbing religion +of the Israelites. At this day the spirits of Abraham, +Isaac, and Jacob are considered by the Mohammedans +of Hebron actually to inhabit the cave of Machpelah, +and, in the case of Isaac at any rate, to be extremely +angered by any negligence shown to their altars, +either by omission of the customary ceremonies or by +admission within the sacred precinct of any stranger +of alien faith. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It must not therefore be inferred altogether that +the regular ancestor-worship so-called was of later +origin amongst the Greeks, but rather that the constitution +of society did not afford it the same +<span class="tei tei-pb" id="page010">[pg 010]</span><a name="Pg010" id="Pg010" class="tei tei-anchor"></a> +prominence to the mind of Homer and perhaps his +contemporaries, as it acquired later. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Ancestor-worship in India and Rome.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +M. Fustel de Coulanges, in <span class="tei tei-hi"><span style="font-style: italic">La Cité Antique</span></span>, has +so well established the prevalence of ancestor-worship +among the Greeks, drawing illustration both from +Indian and Roman sources, that no further instances +of its existence are needed here. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The ceremonies however and offerings at the +tombs of their fathers did not supersede, amongst +the Athenians at any rate, their worship of the +Olympic gods. The Olympic gods themselves moreover +were clearly connected with their family life. +The protection of Zeus was specially claimed under +the title of γενέθλιος or even σύναιμος<a id="noteref_18" name="noteref_18" href="#note_18"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">18</span></span></a> and as ἑρκεῖος +he received worship upon the altar that stood in the +court-yard of nearly every house in Attica.<a id="noteref_19" name="noteref_19" href="#note_19"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">19</span></span></a> The +permanent place of these gods in the homes of the +people is further denoted by the use of such epithets +as ἐγγενεῖς<a id="noteref_20" name="noteref_20" href="#note_20"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">20</span></span></a> +and πατρῷοι.<a id="noteref_21" name="noteref_21" href="#note_21"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">21</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The need of food for the dead;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The tombs, on the other hand, were not approached +with the purpose of invoking powerful aid, but rather +with the intent of soothing a troubled spirit with care +and attention, and of providing it with such nourishing +refreshment as could not be procured in the +regions of the starving dead. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">I come, bringing to my son's sire propitiating libations, such +as are soothing to the dead, from hallowed cow white milk, sweet +to drink; the flower distiller's dew—clear honey; the virgin +spring's refreshing draught; and undefiled from its wild mother, +the liquid gladness of the time-honoured vine; also from the ever-leafy +</span><span class="tei tei-pb" id="page011">[pg 011]</span><a name="Pg011" id="Pg011" class="tei tei-anchor"></a><span style="font-size: 90%"> +growth of the pale green olive fragrant fruit is here, and +twined flowers, children of the teeming earth.</span><span style="font-size: 90%">”</span></span><a id="noteref_22" name="noteref_22" href="#note_22"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">22</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">the same in Egypt,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The same idea of nourishment of the dead, though +shared with the other gods, determines the offerings +in the Egyptian <span class="tei tei-hi"><span style="font-style: italic">Book of the Dead</span></span>.<a id="noteref_23" name="noteref_23" href="#note_23"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">23</span></span></a> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">I live upon loaves, white wheat, beer, red wheat.... Place +me with vases of milk and wine, with cakes and loaves, and plenty +of meat in the dwelling of Anubis.</span><span style="font-size: 90%">”</span></span><a id="noteref_24" name="noteref_24" href="#note_24"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">24</span></span></a> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Grant to me the funereal food, the drinks, the oxen, the geese, +the fabrics, the incense, the oil, and all the good and pure things +upon which the gods live.</span><span style="font-size: 90%">”</span></span><a id="noteref_25" name="noteref_25" href="#note_25"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">25</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is one passage that almost implies that the +dead retained in idea a claim upon the produce of the +land which nourished them whilst alive, or that they +had a special allotment even in the other world:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">I sit down among the very great gods of Nut. A field extends +for me; the products of the ground are for me. I eat them; I am +favoured with them; I live in plenty by them.... I am given +corn and wheat for my mouth.</span><span style="font-size: 90%">”</span></span><a id="noteref_26" name="noteref_26" href="#note_26"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">26</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Chapter cxliv. of the <span class="tei tei-hi"><span style="font-style: italic">Book of the Dead</span></span> is to +be said, +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">at the gate of every room while offering to each of them thighs +and heads of red cows, the value of seven vases; while offering +blood extracted from the heart, the value of a hundred vases; +sixteen loaves of white bread, eight round cakes, eight oval cakes, +eight broad thin cakes, eight measures of beer, and eight of wheat, +a perfumed oil-basin full of milk from a white cow, green grass, +green figs, mestem and beads of incense to be burnt.</span><span style="font-size: 90%">”</span></span> +</div> + +<span class="tei tei-pb" id="page012">[pg 012]</span><a name="Pg012" id="Pg012" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Chapter cxlviii. ordains that there +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">shall be placed offerings before them of loaves, beer, meat, +incense, funereal dishes, bringing into favour with Râ and making +that the </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">deceased is fed in the netherworld</span></span><span style="font-size: 90%">.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and in India.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the next chapters frequent reference will be +made to the offerings to ancestors, or <span class="tei tei-hi"><span style="font-style: italic">manes</span></span>, among +the ancient Hindoos. With them the cake-offering +to the dead became a most important symbol, uniting +in a common duty all descendants from certain ancestors +within fixed degrees, and marking them off in +the matter of responsibility thereto from more distant +relations, who owed similar duty elsewhere. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Ancestor-worship not necessarily post-Homeric.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Being thus surrounded by nations that believed +intensely in the need in the dead of nourishment at +the hands of their relatives on earth, it would indeed +be surprising if the Greeks were found not to share in +the belief. But the fact remains that in the earliest +Greek literature it is least conspicuous, and the gulf +seems widest between the living and the dead. Can +this be laid to the charge of the artificial superstitions +of a philosophical class of poets? Or is it due to the +true evolution of such beliefs, that as long as our +search touches upon the unsettled periods of semi-migratory +life, the tombs of individual members of a +family being scattered here or there wherever they +meet their deaths, the offering to the dead takes a +special form, inasmuch as the solidarity of the tribe +eclipses the importance of the family as a unit, and +the religious ceremonies of the chieftain absorb the +attention of the lesser members of the tribe? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +M. de Coulanges points out that the meaning of +the Latin word <span class="tei tei-hi"><span style="font-style: italic">Lar</span></span> is lord, prince or master, and +<span class="tei tei-pb" id="page013">[pg 013]</span><a name="Pg013" id="Pg013" class="tei tei-anchor"></a> +that <span class="tei tei-hi"><span style="font-style: italic">Hestia</span></span> was sometimes designated by the Greeks +with the similar title of mistress of the house, or +princess.<a id="noteref_27" name="noteref_27" href="#note_27"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">27</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If, as long as the tribe was felt to be a real unit, +the religious instincts of the tribesmen were concentrated +upon the worship of their tribal deities—the +great ancestors of the tribe, and more emphatically +and directly the ancestors of their chieftain—it would +be quite natural, in the weakening of the central worship, +for the titles of honour and respect to be used +equally towards those meaner ancestors who henceforth +occupied the religious energies of the head of +each family or household. In fulfilment of a similar +sentiment, the later Greeks commonly used the word +ἥρως in speaking of a dead friend, deeming that any +one who departed this life passed to the ranks of +those princes of the community from whom all were +proud to trace descent. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The hearth and the tie of common blood.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +M. de Coulanges considers that the sacred rites of +the family at the hearth formed a more real tie than +the belief in a common blood; and that upon this +religious basis was built up the greater hearth of the +Prytaneum as the centre of city life, to bind together +the several families composing the community. But +without pretending to come to a final decision on +this the main tendency of social development, surely +something may yet be said in favour of the contrary +theory; that the reverence that centred in the hearth +was in effect the expression of the sanctity of the tie +of blood, as felt by all members of the house, and that +this feeling drew its real importance for the community, +<span class="tei tei-pb" id="page014">[pg 014]</span><a name="Pg014" id="Pg014" class="tei tei-anchor"></a> +not from the founding of the city by the +amalgamation of several families, but as a survival +from an earlier stage of life, when society circled +round what was then in more than name the Prytaneum +of the tribal chieftain. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Facts are wanting to justify a conclusion as to +which of these theories bears the closest resemblance +to the truth, but it is easy to imagine what might +be the line of development if the latter hypothesis be +maintained. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Possible course of social development.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +During the wanderings and migrations of peoples +in the search for greener pastures or broader lands, +each community or tribe would be constantly under +arms and subject to attack from the enemies they +were passing through or subjugating. This constant +sojourning in a strange land, surrounded by foes, +would be a source of much solidarity to the tribe +itself, drawing its members closely together for +mutual defence and subsistence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But when once the tribe had found a country to +its taste, and had made a settlement with borders comparatively +permanently established, emphasis would +be transferred to the petty quarrels and internal dissensions +arising between different sections within the +community itself. The tie of common blood, uniting +all members of the tribe, would be gradually disregarded +and displaced by the less homely and more +political relation of fellow-citizenship, which, though +retaining many of the characteristics of the tribal +bond, would necessarily be felt in a very different +manner. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In this disintegration of the larger unit, the +existence of kinship by blood would be acknowledged +<span class="tei tei-pb" id="page015">[pg 015]</span><a name="Pg015" id="Pg015" class="tei tei-anchor"></a> +only where the relationship was obvious and well +known. And it would no longer be sufficient merely +to prove membership of a kindred; as those outside +certain limits would claim exemption from the +responsibilities entailed by closer relationship. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The change of tribesmen into citizens.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +So, too, in the matter of religious observance: +the reverence of the individual for the Prytaneum +and common hearth of the state would undergo a +change into a less personal sentiment; the rites +connected therewith would be delegated to an official +priest; and it is with the head of each family, surrounded +by those who are really conscious of their +connection by blood in common descent from much +more immediate ancestors, that the true tribal feeling +would longest survive, though, of course, on much +narrower lines. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The privileges of citizenship were, it will be seen, +as carefully guarded as those of the tribe, but in a +more perfunctory and arbitrary manner; whilst the +intimate connection of the members of the family +with the hearth and the graves of their ancestors +stands out in strong relief. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By the time of Hesiod, besides the violation of the +universal sanctity of a guest or suppliant, the chief +sins are against members of the same household, +defrauding orphans, or insulting an aged +parent.<a id="noteref_28" name="noteref_28" href="#note_28"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">28</span></span></a> +Behaviour to other than blood-relations is regulated +by expediency, by what you may expect in return +from your neighbours.<a id="noteref_29" name="noteref_29" href="#note_29"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">29</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whether the family is to be regarded as the chief +factor in the composition of the city, or how much of +<span class="tei tei-pb" id="page016">[pg 016]</span><a name="Pg016" id="Pg016" class="tei tei-anchor"></a> +its composition the city owes to direct inheritance +from the tribal system, must, as has been said, be +left unsolved. Some small light may perhaps be shed +upon the problem as this inquiry proceeds. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The study of the family introductory to the history of the +tribe.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +At any rate, if the true basis of the organisation +of the family and the kindred, as found in historic +times in Greece, could once be established, material +assistance ought to have been gained for rightly +understanding the structure of that earlier society, +whatever it was, from which the rules, that govern +those within the bond of kinship, were survivals. +</p> + +</div> + +<span class="tei tei-pb" id="page017">[pg 017]</span><a name="Pg017" id="Pg017" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc5" id="toc5"></a> +<a name="pdf6" id="pdf6"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Chapter II. The Meaning Of The Bond Of Kinship.</span></h1> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">παῖδες γὰρ ἀνδρὶ κληδόνες σωτήριοι</div> +<div class="tei tei-l" style="text-align: left">θανόντι: φελλοὶ δ᾽ ὥς ἄγουσι δίκτυον,</div> +<div class="tei tei-l" style="text-align: left">τὸν ἐκ βυθοῦ κλωστῆρα σώζοντες λίνου.</div> +<div class="tei tei-l" style="text-align: left; margin-left: 10.00em"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Aeschylus.</span></span></div> +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc7" id="toc7"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 1. The Duty Of Maintenance Of Parents During +Life, And After Death At Their Tomb.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The duties of the individual to his οἶκος,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +As the hearth was the centre of the sanctity and +reverence of the family, so the word οἶκος was the customary +term to signify the smaller group of the composite +γένος, consisting of a man and his immediate +descendants. In the first place, the individual was +absolutely committed to sacrifice all his personal feelings +for the sake of the continuity of his οἶκος, and this +was his supreme duty. But whereas several οἶκοι +traced their descent from a common ancestor, a +group of gradually diverging lines of descent +were formed, sharing mutually the responsibility +of the maintenance of continuity, and the privilege +of inheritance and protection. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Before examining how far these parallel lines +remained within the reach of claims of kinship, or +how soon the reverence for the more immediate predecessors +<span class="tei tei-pb" id="page018">[pg 018]</span><a name="Pg018" id="Pg018" class="tei tei-anchor"></a> +absorbed the memory of the more remote +ancestor, it will be well to have a clear understanding +of what the claims of kindred were, and how they +affected the member of the οἶκος, in respect of his +duties thereto. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">began with his living parents;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Plato<a id="noteref_30" name="noteref_30" href="#note_30"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">30</span></span></a> +declares that honour should be given to:— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Olympian Gods. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Gods of the State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Gods below. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Demons and Spirits. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Heroes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Ancestral Gods. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. <span class="tei tei-hi"><span style="font-style: italic">Living Parents</span></span>, <span class="tei tei-q">“to whom we have to pay the greatest and +oldest of all debts: in property, in person, in soul; paying the +debts due to them for the care and travail which they bestowed on +us of old in the days of our infancy, and which we are now to pay +back to them when they are old and in the extremity of their +need.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and extended to their tomb.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The candidates for the archonship were asked, +among other things, whether they treated their +parents properly.<a id="noteref_31" name="noteref_31" href="#note_31"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">31</span></span></a> It was only in case of some +indelible stain, such as wife-murder, that the debt +of maintenance of the parent was cancelled.<a id="noteref_32" name="noteref_32" href="#note_32"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">32</span></span></a> Yet +even when the father had lost his right of maintenance +by crime or foul treatment, the son was still +bound to bury him when he died and to perform +all the customary rites at his tomb.<a id="noteref_33" name="noteref_33" href="#note_33"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">33</span></span></a> +</p> + +<span class="tei tei-pb" id="page019">[pg 019]</span><a name="Pg019" id="Pg019" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Is it not,”</span> says Isaeus, <span class="tei tei-q">“a most unholy thing, +if a man, without having done any of the customary +rites due to the dead, yet expects to take the inheritance +of the dead man's property?”</span><a id="noteref_34" name="noteref_34" href="#note_34"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">34</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Continuity of the family;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The duty of maintenance of the parent thus +extended even beyond the tomb, and this retrospective +attitude of the individual gives us the clue to +his position of responsibility also with regard to +posterity. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The strongest representation possible of this +attitude is given in the <span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span>, where +it is stated that a man <span class="tei tei-q">“goes to hell”</span> who has no son +to offer at his death the funeral cake. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">in the </span><span class="tei tei-hi"><span style="font-size: 80%; font-style: italic">Ordinances of Manu</span></span><span style="font-size: 80%">;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“No world of heaven exists for one not possessed +of a son.”</span> The debt, owed by the living member of +a family to his <span class="tei tei-hi"><span style="font-style: italic">manes</span></span>, was to provide a successor to +perform the rites necessary to them after his own +death. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">By means of the eldest son, as soon as he is born, a man +becomes possessed of a son and is thus cleared of his debt to the +</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">manes</span></span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">A husband is born again on earth in his son.</span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If among many brothers born of one father, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">one</span></em><span style="font-size: 90%"> should have +a son, Manu said all those brothers would be possessed of sons by +means of that son.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> one representative was sufficient as regards the +duties to the <span class="tei tei-hi"><span style="font-style: italic">manes</span></span> in the house of the grandfather. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Thro' a son one conquers worlds, thro' a son's son one attains +endlessness, and through the son's son of a son one attains the +world of the Sun.</span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The sort of reward one gets on crossing the water by means of +bad boats is the sort of reward one gets on crossing the darkness +(to the next world) by means of bad +sons.</span><span style="font-size: 90%">”</span></span><a id="noteref_35" name="noteref_35" href="#note_35"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">35</span></span></a> +</div> + +<span class="tei tei-pb" id="page020">[pg 020]</span><a name="Pg020" id="Pg020" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and according to Plato.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Plato expresses the same feeling in the +<span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>:<a id="noteref_36" name="noteref_36" href="#note_36"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">36</span></span></a> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">After a sort the human race naturally partakes of immortality, +of which all men have the greatest desire implanted in them; for +the desire of every man that he may become famous, and not lie in +the grave without a name, is only the love of continuance ... In +this way they are immortal leaving [children's] children behind +them, with whom they are one in the unity of generation. And +for a man voluntarily to deprive himself of this gift of immortality, +as he deliberately does who will not have a wife and children, +is </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">impiety</span></em><span style="font-size: 90%">.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The functions and duties of the individual towards +his family and relations thus find their explanation +in his position as link, between the past and the +future, in the transmission to eternity of his family +blood. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +His duties to his ancestors began with the death +of his father. He had at Athens to carry out the +corpse, provide for the cremation, gather the remains +of the burnt bones, with the assistance of the rest of +the kindred,<a id="noteref_37" name="noteref_37" href="#note_37"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">37</span></span></a> +and show respect to the dead by the +usual form of shaving the head, wearing mourning +clothes, and so on. Nine days after the funeral he +must perform certain sacrifices and periodically after +that visit the tombs and altars of his family in the +family burying-place.<a id="noteref_38" name="noteref_38" href="#note_38"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">38</span></span></a> If he had occasion to perform +military service, he must serve in the tribe and the +deme of his parent (στρατεύειν ἐν τῇ φυλῇ καὶ ἐν τῷ +δήμῳ).<a id="noteref_39" name="noteref_39" href="#note_39"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">39</span></span></a> +Before he can enter into his inheritance +he must fulfil all the ordinances incumbent on one +in his position, and in the Gortyn Laws it is +<span class="tei tei-pb" id="page021">[pg 021]</span><a name="Pg021" id="Pg021" class="tei tei-anchor"></a> +stated that an adopted heir cannot partake of the +property of his adoptive father unless he undertakes +the sacred duties of the house of the deceased.<a id="noteref_40" name="noteref_40" href="#note_40"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">40</span></span></a> Thus the right of ownership of the family estate +rested always with the possession of the blood of the +former owners; and such a representative demonstrated +his right by stepping into his predecessor's +shoes and by taking upon himself all responsibility +for the fulfilment of the rites, thereafter to be performed +to him also when he shall have been gathered +to the majority of his family. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc8" id="toc8"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 2. The Duty Of Providing Male Succession.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But however piously and carefully he performed +his many duties to his ancestors, his work was only +transitory and incomplete, unless he provided a +successor to continue them after him into further +generations. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The importance of male succession.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The procreation of children was held to be of such +importance at Sparta<a id="noteref_41" name="noteref_41" href="#note_41"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">41</span></span></a> that if a wife had no children, +with the full knowledge of her husband she admitted +some other citizen to her, and children born from +such a union were reckoned as born to the continuation +of her husband's family, without breach of the +former relations of husband and wife.<a id="noteref_42" name="noteref_42" href="#note_42"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">42</span></span></a> This is the +exact custom stated in the <span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span> +<span class="tei tei-pb" id="page022">[pg 022]</span><a name="Pg022" id="Pg022" class="tei tei-anchor"></a> +(ix. 59), where it is laid down that a wife can be +<span class="tei tei-q">“commissioned”</span> by her husband to bear him a son, +but she must only take a kinsman within certain +degrees, whose connection with her ceases on the birth +of one son.<a id="noteref_43" name="noteref_43" href="#note_43"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">43</span></span></a> Otherwise it was a man's duty to divorce +a barren wife and take another. But he must +divorce the first, and could not have two hearths or +two wives.<a id="noteref_44" name="noteref_44" href="#note_44"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">44</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A curious instance of how this sentiment worked +in practice in directly the opposite direction to +our modern ideas, is mentioned in Herodotus. +Leaders of forlorn hopes nowadays would be inclined +to pick out as comrades the unmarried men, as +having least to sacrifice and fewest duties to forego. +Whereas Leonidas, in choosing the 300 men to make +their famous and fatal stand at Thermopylae, is stated +to have selected all <em class="tei tei-emph"><span style="font-style: italic">fathers with sons living</span></em>.<a id="noteref_45" name="noteref_45" href="#note_45"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">45</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hector is made to use this idea in somewhat +similar manner. He encourages his soldiers with:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If a man fall fighting for his fatherland, it is no dishonourable +thing: and his wife and his children left behind, and his οἶκος +and κλῆρος are unharmed, if the Achaians go but back to their +own country.</span><span style="font-size: 90%">”</span></span><a id="noteref_46" name="noteref_46" href="#note_46"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">46</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If the enemy are driven out, though he be killed +himself, yet if he leave children behind, his household +and their property will remain unharmed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All about to die, says Isaeus, take thought not to +leave their οἶκος desolate (ἔρημος),<a id="noteref_47" name="noteref_47" href="#note_47"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">47</span></span></a> +but that there shall be some one to carry the name of their house +<span class="tei tei-pb" id="page023">[pg 023]</span><a name="Pg023" id="Pg023" class="tei tei-anchor"></a> +down to posterity, who shall perform all the customary +rites at the tomb due to them also when they shall +have joined the ranks of ancestors.<a id="noteref_48" name="noteref_48" href="#note_48"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">48</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Where children were reckoned of the tribe of +their father and not of their mother, and where a +woman was incapable of performing sacred rites, a male +heir was necessary for the direct transmission of blood +and property. Sons entered upon their inheritance +immediately on the death of their father, nor had he +the power to dispossess them in favour of others, +whilst brothers, cousins, legatees, had always to prove +their title and procure judgment from the court in +their favour.<a id="noteref_49" name="noteref_49" href="#note_49"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">49</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Succession through a daughter.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Failing sons however, the next descent lay through +a daughter. Nor were her qualifications in herself +complete or sufficient in theory to form the necessary +link in the chain of succession. The next of kin +male had to marry her with the property of which +she was ἐπίκληρος;<a id="noteref_50" name="noteref_50" href="#note_50"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">50</span></span></a> but neither she nor he really +possessed the property, and the sons born from the +marriage succeeded thereto directly on attaining a +certain age. The next of kin had in the meantime +of course to represent his wife's father in +all the religious observances, and was said to have +power to live with the woman (κύριος συνοικῆσαι +τῇ γυναικί), but not to dispose of the property +(κύριος τῶν χρημάτων);<a id="noteref_51" name="noteref_51" href="#note_51"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">51</span></span></a> +the sons becoming κύριοι τῶν +χρημάτων at sixteen years old, and owing thence +only maintenance (τρέφειν) to their mother from +<span class="tei tei-pb" id="page024">[pg 024]</span><a name="Pg024" id="Pg024" class="tei tei-anchor"></a> +the property.<a id="noteref_52" name="noteref_52" href="#note_52"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">52</span></span></a> The heiress was compelled to marry +at a certain age and was adjudicated by law to the +proper kinsman.<a id="noteref_53" name="noteref_53" href="#note_53"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">53</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Again an exact parallel is to be found in the +<span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span>:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">One who is without a son should, by the following rule, make +his daughter provide him a son:—</span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">The offspring which may be +hers shall be for me the giver of offerings to the </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">manes</span></span><span style="font-size: 90%">.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> ”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The whole property of a man is taken by this +daughter's son,<a id="noteref_54" name="noteref_54" href="#note_54"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">54</span></span></a> +and, by her bearing a son, <em class="tei tei-emph"><span style="font-style: italic">her father</span></em> +<span class="tei tei-q">“becomes possessed of a son, who should give the +funeral cake and take the property.”</span><a id="noteref_55" name="noteref_55" href="#note_55"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">55</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If she die without a son, her husband would take +(presumably by a sort of adoption).<a id="noteref_56" name="noteref_56" href="#note_56"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">56</span></span></a> But this would +be perfectly natural, if, as in Greece, her husband +was bound to be the next of kin and therefore heir +failing issue from her. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">She must marry the next of kin.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +At Athens it was part of the office of the archon +to see that no οἶκος failed for want of representatives, +to constrain a reluctant heiress to marry or to +compel the next of kin to perform his duty. +Plato<a id="noteref_57" name="noteref_57" href="#note_57"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">57</span></span></a> +asks pardon for his imaginary legislator, if he shall +be found to give the daughter of a man in marriage +having regard only to the two conditions—nearness +of kin, and the preservation of the property; disregarding, +in his zeal for these, the further considerations, +which the father himself might be expected +<span class="tei tei-pb" id="page025">[pg 025]</span><a name="Pg025" id="Pg025" class="tei tei-anchor"></a> +to have had, with regard to the suitability of the +match.<a id="noteref_58" name="noteref_58" href="#note_58"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">58</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">even though already married.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +A certain leniency was however allowed to the +heiress who was unwilling to marry an obnoxious +kinsman, and to the kinsman who had counterclaims +upon him in his own house. Nevertheless the rules +remained very strict. Isaeus states emphatically,<a id="noteref_59" name="noteref_59" href="#note_59"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">59</span></span></a> <span class="tei tei-q">“Often have men been compelled by law to give up +their properly wedded wives, owing to their becoming +ἐπίκληροι through the death of their brother to their +father's property and having to marry the next of +kin (τοῖς ἐγγυτάτα γένους),”</span> to prevent the extinction +of their father's house. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Manu warns those about to marry to be careful +that their children shall not be required to continue +their wives' father's family, to the desolation of their +own. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">She who has not a brother ... let not a wise man marry her, +through fear of the law about a daughter's +son.</span><span style="font-size: 90%">”</span></span><a id="noteref_60" name="noteref_60" href="#note_60"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">60</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Again Isaeus:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">We, because of our nearness of kin, would have been compelled +to maintain (γηροτροφεῖν) our aged grandfather and either ourselves +marry Cleonymos' (our uncle's) daughters or give them away with +their portions to others and all this our kinship, the laws, and </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">our +shame</span></em><span style="font-size: 90%"> would have compelled us to perform or incur the greatest +penalties and the </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">utmost disgrace</span></em><span style="font-size: 90%">.</span><span style="font-size: 90%">”</span></span><a id="noteref_61" name="noteref_61" href="#note_61"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">61</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Similar rules in the laws of Gortyn,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the laws of Gortyn very clear rules are laid +<span class="tei tei-pb" id="page026">[pg 026]</span><a name="Pg026" id="Pg026" class="tei tei-anchor"></a> +down to be followed where there were difficulties in +the way of the heiress marrying the next of kin. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The heiress shall marry the eldest brother of her father that +is alive. If there are more heiresses and uncles, they shall ever +marry the eldest. If there are no uncles but sons of uncles, +she shall marry the son of her father's eldest brother. If there +are more than one heiress and sons of uncles, they shall ever +marry the son of the eldest in order: but a man shall not marry +more than one heiress</span><span style="font-size: 90%">”</span></span><a id="noteref_62" name="noteref_62" href="#note_62"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">62</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is also a statement made by Demosthenes<a id="noteref_63" name="noteref_63" href="#note_63"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">63</span></span></a> +that sounds as if it might have come from the <span class="tei tei-hi"><span style="font-style: italic">Ordinances +of Manu</span></span>. It is there stated that if there were +more than one heiress, <em class="tei tei-emph"><span style="font-style: italic">only one</span></em> need be dealt with +in respect to <em class="tei tei-emph"><span style="font-style: italic">providing succession</span></em>, though all shared +in the property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The law of Gortyn goes on:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If the man will not marry her, though of age and wishing to +marry, the guardians of the heiress shall sue, and the judge shall +condemn him to marry her in two months. If he will not marry +her, according to the law, she shall have all the property and shall +marry the next of kin (after him) if there is one....</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If she is of age and does not wish to marry the next of kin or if +he is a minor and she does not wish to wait, she ... can marry +whom she will of those who claim her of the tribe. But she shall +apportion off his share of the property to the first of kin.</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If there are no kin to her, she shall have all the property and +marry whom she will of the tribe.</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If no one of the tribe will marry her, her guardians shall ask +throughout the tribe, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%"> Will any marry her?</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> And if any one +then marries her, he shall do it in thirty days after the </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">asking.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> +But if there is still no one, she shall marry any one else she can.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Such pains were taken to find a representative +<span class="tei tei-pb" id="page027">[pg 027]</span><a name="Pg027" id="Pg027" class="tei tei-anchor"></a> +for the deceased in his family, or at any rate +in his <em class="tei tei-emph"><span style="font-style: italic">tribe</span></em>.<a id="noteref_64" name="noteref_64" href="#note_64"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">64</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and amongst the Israelites.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The same questions seem to have arisen amongst +the Israelites in the time of Moses. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Numbers xxxvi. 8. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And every daughter that possesseth an +inheritance (LXX. ἀγχιστεύουσα κληρονομίαν) in any tribe of the +children of Israel, shall be wife unto one of the family of the tribe +of her father (ἐνὶ τῶν ἐκ τοῦ δήμου τοῦ πατρὸς αὐτῆς), that the children +of Israel may enjoy (ἀγχιστεύειν) every man the inheritance of his +fathers.</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Even as the Lord commanded Moses, so did the daughters of +Zelophehad.</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">For Mahlah, Tirzah and Hoglah, and Milcah, and Noah, the +daughters of Zelophehad, were married unto their father's brother's +sons (LXX. τοῖς ἀνεψιοῖς αὐτῶν).</span><span style="font-size: 90%">”</span></span> +</div> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc9" id="toc9"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 3. The Position Of The Widow Without Child +And The Duties Of An Only Daughter.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The levirate proper not found in Greece.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The <span class="tei tei-hi"><span style="font-style: italic">levirate</span></span>, or marriage with deceased husband's +brother, seems to have had no place in Greek family +law. The wife was of no <em class="tei tei-emph"><span style="font-style: italic">kin</span></em> necessarily to the +husband; and so it would not tend to strengthen the +transmission of blood if the next of kin married the +widow on taking the inheritance of his relative +deceased without issue. The wife in Greek law could +not inherit from her husband, whose property went +to his father's or mother's relations; and only when +it became a question of finding an heir to her <em class="tei tei-emph"><span style="font-style: italic">son</span></em>, +and failing all near paternal kinsmen, could the +<span class="tei tei-pb" id="page028">[pg 028]</span><a name="Pg028" id="Pg028" class="tei tei-anchor"></a> +inheritance pass through her, and then as the mother +of her dead son, not as widow of her dead husband. +Even then, being a woman, she had no right of enjoyment, +only of transmission. She could only inherit +on behalf of her issue by a second husband, and +failing her issue the inheritance would pass to her +brothers and so on. In Greece the claim upon the +δαήρ (Latin <span class="tei tei-hi"><span style="font-style: italic">levir</span></span>) for marriage seems to have begun +with his brother's daughter, not his brother's widow. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The widow returned to her guardian.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The childless widow on the death of her husband +had to return to her own family or whoever of +her kindred was guardian (κύριος) of her, and if she +wished, be given again in marriage by him.<a id="noteref_65" name="noteref_65" href="#note_65"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">65</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The woman at Athens even after marriage always +retained her κύριος or guardian,<a id="noteref_66" name="noteref_66" href="#note_66"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">66</span></span></a> who was at once her +protector and trustee. He was probably the head of +the οἶκος to which she originally belonged—her next +of kin—and had great power over her.<a id="noteref_67" name="noteref_67" href="#note_67"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">67</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A case there is<a id="noteref_68" name="noteref_68" href="#note_68"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">68</span></span></a> +where the heir to the property +also takes the wife of the previous owner; but in +this case the husband may have been κύριος of his own +<span class="tei tei-pb" id="page029">[pg 029]</span><a name="Pg029" id="Pg029" class="tei tei-anchor"></a> +wife, and so could bequeath, or give her away to whomever +he liked.<a id="noteref_69" name="noteref_69" href="#note_69"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">69</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the <span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span>, the limitations of the +levirate are very strictly defined.<a id="noteref_70" name="noteref_70" href="#note_70"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">70</span></span></a> +In the case of a man leaving a widow, she must not marry again, +or she lost her place in heaven by his side. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But if she was childless, the next of kin of her +husband must beget one son by her; he did not +<em class="tei tei-emph"><span style="font-style: italic">marry</span></em> her, and his connection with her <em class="tei tei-emph"><span style="font-style: italic">ceased on the +birth of a son</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Marriage of near relations.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The laws of Manu otherwise are strict against the +marriage of close relations; a restriction not found in +Greece. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Isaeus<a id="noteref_71" name="noteref_71" href="#note_71"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">71</span></span></a> mentions that it was thought quite +natural for a man to marry his first cousin in order +to concentrate the family blood, and prevent her +dowry or whatever property might come to her from +going outside his οἶκος, and we know that even +marriage with a half-sister (not born of the same +mother) was not forbidden. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are more instances than one in Homer of a +man marrying his aunt, or niece. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The nearest resemblance to the levirate in Greece +is the occasional custom at Sparta, mentioned already, +of a wife being <span class="tei tei-q">“commissioned”</span> to bear children by +another man into the family of her husband. But +this exists in Manu, side by side with the above-mentioned +custom of levirate proper. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The levirate among the Israelites.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Among the Israelites, the levirate was in full +force; the craving for continuance was the same as +among the followers of Manu and the Greeks; and +<span class="tei tei-pb" id="page030">[pg 030]</span><a name="Pg030" id="Pg030" class="tei tei-anchor"></a> +the custom with regard to heiresses is so vividly told +that it is worth quoting at some length. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Deut. xxv. 5. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If brethren dwell together and one of them die +and have no child, the wife of the dead shall not marry without +unto a stranger: her husband's brother [</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">i.e.</span></span><span style="font-size: 90%"> next of kin] +shall go in unto her and take her to him to wife and perform the duty of an +husband's brother to her.</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And it shall be that the firstborn which she beareth shall +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">succeed in the name of his brother that is dead</span></em><span style="font-size: 90%">, that his name be not +put out of Israel.</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And if the man like not to take his brother's wife, then let his +brother's wife go up to the gate unto the elders and say, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">My +husband's brother refuseth to raise up unto his brother a name in +Israel, he will not perform the duty of my husband's brother.</span><span style="font-size: 90%">’</span></span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Then the elders of his city shall call him and speak unto him: +and if he stand to it and say, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">I like not to take her,</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> then shall his +brother's wife come unto him in the presence of the elders, and +loose his shoe from off his foot, and spit in his face, and shall +answer and say: </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">So shall it be done unto that man that will not +build up his brother's house (LXX. οἶκος).</span><span style="font-size: 90%">’</span></span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And his name shall be called in Israel, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">The house (οἶκος) of +him that hath his shoe loosed.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> ”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The case of Tamar.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Such was the scorn felt for the man who refused +to perform the duties of nearest kinsman. In the +thirty-eighth chapter of Genesis is told the story of +Tamar, the wife of Judah's eldest son who died childless. +The second son's refusal to raise up seed to his +brother because he knows that <em class="tei tei-emph"><span style="font-style: italic">his own name will not +be perpetuated thereby, but his brother's</span></em>, meets with +summary punishment. <span class="tei tei-q">“And the thing that he did +was evil in the sight of the Lord, and He slew him +also.”</span><a id="noteref_72" name="noteref_72" href="#note_72"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">72</span></span></a> +Afterwards, when it was reported to her +father-in-law that Tamar had a child by some one not +of his family, he was exceedingly wroth, and said, +<span class="tei tei-q">“Bring her forth and let her be burnt.”</span> Accordingly, +after he had received his own <span class="tei tei-q">“tokens”</span> from her hand, +<span class="tei tei-pb" id="page031">[pg 031]</span><a name="Pg031" id="Pg031" class="tei tei-anchor"></a> +his approval of her action, in her desire to perpetuate +the name of her dead husband, is all the more +striking, and shows how real such a claim as Tamar's +was in the practice of those days, extreme though +her action was felt to be. And Judah acknowledged +his tokens and said, <span class="tei tei-q">“She hath been more righteous +than I: because that I gave her not to Shelah my +[youngest] son.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The case of Ruth.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The statement of the customary procedure in +Deuteronomy is very picturesquely illustrated and +fulfilled in detail in the story of Ruth, who though +only a daughter-in-law takes the position of heiress +through a sort of adoption by her mother-in-law +Naomi, on her refusal to go back to her own people. +<span class="tei tei-q">“Where thou goest, I will go: where thou lodgest, I +will lodge: thy people shall be my people, and thy +God, my God. Where thou diest will I die, and +there will I be buried.”</span> She accepts Naomi's hearth +her kin, her religion, and finally her tomb. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Elimelech and his two sons dying in Moab, Naomi +and both her daughters-in-law are left widows in a +strange land. If Naomi had other sons, upon them +would have devolved the duty of taking Orpah and +Ruth to wife. But Naomi declares herself<a id="noteref_73" name="noteref_73" href="#note_73"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">73</span></span></a> +too old to marry again and be the mother of sons, and implores +her daughters-in-law to return to their own people in +Moab, where she hopes they will start afresh with +new husbands, a course which seems always to have +been open to wives in tribal communities. Orpah +does so, but Ruth elects to remain with Naomi, and +returning with her to Bethlehem takes her chance +<span class="tei tei-pb" id="page032">[pg 032]</span><a name="Pg032" id="Pg032" class="tei tei-anchor"></a> +among the kindred of Elimelech. Happening to +arrive at Bethlehem at the beginning of the barley +harvest, it so chances that Ruth goes forth to glean +upon that part of the open field which belonged to +Boaz—a rich man of the συγγενία of Elimelech, who, +having heard of her devotion to Naomi and the house +of his late kinsmen, protects her from possible insult +from strangers and treats her richly. On her return +home Naomi informs her that Boaz is of their next +of kin (τῶν ἀγχιστευόντων)<a id="noteref_74" name="noteref_74" href="#note_74"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">74</span></span></a> whose place it was to +redeem property sold or lost by a kinsman. This +duty is thus set forth in Leviticus:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Dependence on the next of kin.</span></div></div><span style="font-size: 90%"> +Lev. xxv. 25. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And if thy brother be waxen poor and sell +some of his possession, then shall his kinsman (ἀγχιστεύων) that is +next to him come and shall redeem that which his brother hath +sold.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An instance of it in practice is given in Jeremiah. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Jerem. xxxii. 8. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">So Hanameel mine uncle's son came to me +in the court of the guard according to the word of the Lord and +said unto me, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">Buy my field, I pray thee, that is in Anathoth which +is in the land of Bethlehem: for the right of inheritance is thine, +and the redemption is thine: buy it for thyself.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> ”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But on Ruth's applying to Boaz, he informs her +that though he is ἀγχιστεύς, <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> within the reach of the +claim on the next of kin, yet is there one ἀγχιστεύς +who is nearer than he, and who must first be asked. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Now Boaz went up to the gate and sat down there, and behold +the near kinsman of whom Boaz spake came by, unto whom +he said, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">Ho, such an one! turn, aside, sit down here,</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> and he +turned aside and sat down. And he took ten men of the elders +of the city and said, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">Sit ye down here,</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> and they sat down. And +</span><span class="tei tei-pb" id="page033">[pg 033]</span><a name="Pg033" id="Pg033" class="tei tei-anchor"></a><span style="font-size: 90%"> +he said unto the near kinsman, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">Naomi that is come again out of +the country of Moab selleth the parcel of land which was our +brother Ehmelech's: and I thought to disclose it to thee, saying, +</span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Buy it before them that sit here and before the elders of my +people.</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%"> If thou wilt redeem it, redeem it; but if thou wilt not +redeem it, tell me that I may know; for there is none to redeem it +beside thee, and I am after thee.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> And he said, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">I will redeem it.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> +Then said Boaz, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">What day thou buyest the field of the hand of +Naomi thou must buy it also of Ruth the Moabitess, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">the wife of the +dead, to raise up the name of the dead upon his inheritance</span></em><span style="font-size: 90%">.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> And +the near kinsman said, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">I cannot redeem it for myself </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">lest I mar +my own inheritance</span></em><span style="font-size: 90%">; take thou my right of redemption on thee; for +I cannot redeem it.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> ”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The rendering of the Vulgate of the kinsman's +reply is more easily understood:—<span class="tei tei-q">“I yield up my +right of near kinship: for neither ought I to blot out the +continuance (<span class="tei tei-hi"><span style="font-style: italic">posteritas</span></span>) of my family: do thou use +my privilege, which I declare that I freely renounce.”</span> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And he drew off his shoe. And Boaz said unto the elders and +unto all the people, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">Ye are witnesses this day that I have bought +all that was Elimelech's ... Chilion's and Mahlon's of the hand of +Naomi. Moreover Ruth, the wife of Mahlon, have I purchased to +be my wife to </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">raise up the name of the dead</span></em><span style="font-size: 90%"> upon his inheritance, +that the name of the dead be not cut off from among his +brethren and from the gate of his place: ye are witnesses this +day.</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> And all the people that were in the gate and the elders +said, </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">We are witnesses ... May thy house be like the house of +Perez whom Tamar bare unto Judah</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> &c.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now Boaz was sixth in descent from this Perez +whose mother Tamar, as quoted above, had been in +much the same position as Ruth. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is interesting to read further that the son born +of this marriage of Ruth and Boaz is taken by the +women of Bethlehem to Naomi, saying, <span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">There is a +son born to Naomi</span></em>,”</span> emphasising the duty of the +heiress to bear a son, not into her husband's family, +but to that of her father. +</p> + +<span class="tei tei-pb" id="page034">[pg 034]</span><a name="Pg034" id="Pg034" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The story of Ruth is not, therefore, an exact +example of the custom of levirate. But it illustrates +incidentally the unity of the family. The sons of +Elimelech died before the family division had taken +place, and the house of Elimelech their father was +thus in jeopardy of extinction. If Naomi had come +within the proper operation of the levirate, the next +of kin ought to have married <em class="tei tei-emph"><span style="font-style: italic">her</span></em>, but by her adoption +of Ruth as her daughter, she gave Ruth the position +of heiress or ἐπίκληρος, whilst the heir born to Ruth +was called son, not of Ruth's former or present husband, +but of Elimelech and (by courtesy) of Naomi, Elimelech's +widow, through whom the issue ought otherwise +to have been found. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc10" id="toc10"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 4. Succession Through A Married Daughter: +Growth Of Adoption: Introduction Of New +Member To Kinsmen.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The son of the heiress must leave his father's house,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +But if the heiress was already married and had +sons, she need not be divorced and marry the next of +kin, though that still lay in her power. It was considered +sufficient if she set apart one of her sons to +be heir to her father's house. But she must do this +absolutely: her son must entirely leave her husband's +house and be enfranchised into the house of her father. +If she did not do this with all the necessary ceremonies, +the house of her father would become extinct, which +would be a lasting shame upon her. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Isaeus<a id="noteref_75" name="noteref_75" href="#note_75"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">75</span></span></a> mentions a case where a wife inherits +from her deceased brother a farm and persuades her +<span class="tei tei-pb" id="page035">[pg 035]</span><a name="Pg035" id="Pg035" class="tei tei-anchor"></a> +husband to emancipate their second son in order that +he may carry on the family of her brother and take +the property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and enter that of the deceased relative</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In another passage<a id="noteref_76" name="noteref_76" href="#note_76"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">76</span></span></a> +the conduct of married sisters +in not appointing one of their own sons to take his +place as son in the house of their deceased brother, +and in absorbing the property into that of their +husbands, whereby the οἶκος of their brother became +ἔρημος, is described as shameful (αἰσχρῶς). +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Demosthenes<a id="noteref_77" name="noteref_77" href="#note_77"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">77</span></span></a> +a man behaving in similar wise +is stigmatised as ὑβριστής. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Hence the custom of adoption.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Herein lay the reason that adoption became so +favourite a means in classical times of securing an +heir. It became almost a habit among the Athenians +who had no sons, to adopt an heir—often even the +next of kin who would naturally have succeeded to +the inheritance.<a id="noteref_78" name="noteref_78" href="#note_78"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">78</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The transfer of the adopted son from the οἶκος of +his father to the οἶκος he was chosen to represent +was so real that he lost all claim to inheritance in his +original family, and henceforth based his relationship +and rights of kinship from his new position as son of +his adoptive father. This absolutely insured the childless +man that his successor would not merge the +inheritance in that of another οἶκος, and made it +extremely unlikely that he would neglect his religious +duties as they would be henceforth his own ancestral +rites. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sometimes, it seems,<a id="noteref_79" name="noteref_79" href="#note_79"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">79</span></span></a> sons of an unfortunate +<span class="tei tei-pb" id="page036">[pg 036]</span><a name="Pg036" id="Pg036" class="tei tei-anchor"></a> +father were adopted into another οἶκος so as not to +share in the disgrace brought upon their family. +In such a case presumably their father's house would +be allowed to become extinct. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The introduction of the heir to the kindred.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The inheritance of property being only an accessory +to the heirship,<a id="noteref_80" name="noteref_80" href="#note_80"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">80</span></span></a> the ceremony of adoption consisted +of an introduction to the kindred and to the ancestral +altars, and an assumption of the responsibilities +connected therewith. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The same for true as for adopted son.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The process was the same as for the proclamation +of the true blood of a son, and was exactly in accordance +with tribal instincts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whatever the history of the φρατρία at Athens, +in it seems to have been accumulated a great number +of the survivals of tribal sentiment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The ceremony at Athens;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The adoption at Athens took place at the gathering +of the phratores in order that all the kin might be +present (παρόντων τῶν συγγενῶν).<a id="noteref_81" name="noteref_81" href="#note_81"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">81</span></span></a> The adopter must +lead his son to the sacrifices on the altars<a id="noteref_82" name="noteref_82" href="#note_82"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">82</span></span></a> and must +show him to the kinsmen (συγγενεῖς or γεννῆται) and +phratores: he must give assurance on the sacrifices +that the young man was born in lawful wedlock from +free citizens. This done, and no one questioning his +rights, the assembly proceeded to vote<a id="noteref_83" name="noteref_83" href="#note_83"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">83</span></span></a> and if the vote +was in his favour, then and not till then he was enrolled +in the common register (εἰς τὸ κοινὸν γραμματεῖον) of +the phratria in the name of son of his adopted father. +As a father could not without reason disinherit his +true-born sons, so the phratores could not without +reason refuse to accept them to the kinship.<a id="noteref_84" name="noteref_84" href="#note_84"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">84</span></span></a> +</p> + +<span class="tei tei-pb" id="page037">[pg 037]</span><a name="Pg037" id="Pg037" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If any of the phratores objected to the admission +of the new kinsman, he must stop the sacrifices and +remove the victim from the altar.<a id="noteref_85" name="noteref_85" href="#note_85"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">85</span></span></a> He would have +to state the grounds of his objection, and if he could +not produce good reasons, he incurred a fine. If there +was no objection, the unsacrificial parts of the victim +were divided up and each member took home with +him his share,<a id="noteref_86" name="noteref_86" href="#note_86"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">86</span></span></a> or joined in a feast provided by the +father of the admitted son.<a id="noteref_87" name="noteref_87" href="#note_87"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">87</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and at Gortyn;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The ceremonial given in the Gortyn laws is +similar:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +x. 33. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The adoption shall take place in the agora when all the +citizens have assembled, from the stone from which speeches are +made. And the adopter shall give to his own brotherhood +(ἑταιρεία) a victim-for-sacrifice and a vessel of wine (πρόκοος).</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The adopted son gets all the property and shall +fulfil the divine and human duties of his adoptive +father<a id="noteref_88" name="noteref_88" href="#note_88"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">88</span></span></a> +and shall inherit as in the law for true-born +sons. But if he does not fulfil them according to +law, the next of kin shall take the property. He can +only renounce his adoption by paying a fine. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The adopted son thus introduced was considered +to have become of the blood of his adoptive father, +and was unable to leave his new family and return to +his original home unless he left in the adoptive +house a son to carry on the name to posterity. As +long as he remained in the other οἶκος, <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> had not +provided for his succession and by certain legal +ceremonies been readmitted to his former family, he +<span class="tei tei-pb" id="page038">[pg 038]</span><a name="Pg038" id="Pg038" class="tei tei-anchor"></a> +was considered of no relationship to them and had no +right of inheritance in their goods.<a id="noteref_89" name="noteref_89" href="#note_89"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">89</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An adopted son could not adopt or devise by will, +and if he did not provide for the succession by +leaving a son to follow him, the property went back +into the family and to the next of kin of his adopted +father.<a id="noteref_90" name="noteref_90" href="#note_90"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">90</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If he did return to his former οἶκος, leaving a +son in his place and that son died, he could not return +and take the property thus left without heir +direct.<a id="noteref_91" name="noteref_91" href="#note_91"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">91</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and also in India.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Adoption amongst the Hindoos took place in like +manner before the convened kindred. The adopting +father offered a burnt-offering, and with recitation of +holy words in the middle of his dwelling completed +the adoption with these words:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">I take thee for the fulfilment of my religious duties; I take +thee to continue the line of my ancestors.</span><span style="font-size: 90%">”</span></span><a id="noteref_92" name="noteref_92" href="#note_92"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">92</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The adopted son should be as near a relation as +possible, and when once the ceremony had taken +place, was considered to have as completely lost his +position in his former family as if he had never been +born therein.<a id="noteref_93" name="noteref_93" href="#note_93"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">93</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The introduction to the deme.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The introduction into the deme which took place at +the age of eighteen at Athens, including the enrolment +in the ληξιαρχικόν γραμματεῖον, seems to have been a +registration of rights of property and an assumption +of the full status of citizen. The word ληξιαρχικός is +<span class="tei tei-pb" id="page039">[pg 039]</span><a name="Pg039" id="Pg039" class="tei tei-anchor"></a> +defined by Harpocration as meaning <span class="tei tei-q">“capable of +managing the ancestral estate (τὰ πατρῷα οἰκονομεῖν).”</span> +The word λῆξις is used by Isaeus for the application, +by others than direct descendants, to the Archon for +the necessary powers to take their property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It appears to have been at this period that the +young man left the ranks of boyhood and dedicated +himself to the responsibilities of his life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The custom of +tonsure.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Plutarch<a id="noteref_94" name="noteref_94" href="#note_94"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">94</span></span></a> +states that it was the custom at coming +of age to tonsure the head and offer the hair to some +god, and describes the young Theseus as adopting +what we know as the Celtic tonsure, thenceforth +called after his name. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The custom still being in existence at that time for those +quitting childhood to go to Delphi and dedicate</span><a id="noteref_95" name="noteref_95" href="#note_95"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">95</span></span></a><span style="font-size: 90%"> their hair to the +god, Theseus also went to Delphi (and the place is still called +after him the Theseia, so they say) and </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">shaved the hair of his head +in front only</span></em><span style="font-size: 90%"> (ἐκείρατο τὰ πρόσθεν μόνον) Homer says the Abantes +do:</span><a id="noteref_96" name="noteref_96" href="#note_96"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">96</span></span></a><span style="font-size: 90%"> +and this kind of tonsure (κουρά) is called </span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">Theseis</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> because +of him. Now the Abantes first shaved themselves in this manner, +not in imitation of the Arabs</span><a id="noteref_97" name="noteref_97" href="#note_97"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">97</span></span></a><span style="font-size: 90%"> as some have it, nor even in emulation +of the Mysians, but being a warlike people and fighting hand +to hand, ... as Archilochos testifies. For this reason Alexander is +said to have ordered his Macedonians to shave their beards....</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This cutting the hair as token of dedication to +any particular object or deity was of common occurrence. +Achilles' hair was dedicated as an offering to the +river Spercheios in case of his safe +return.<a id="noteref_98" name="noteref_98" href="#note_98"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">98</span></span></a> Knowing +that this is impossible, in his grief at the death of +Patroklos, with apologies to the god he cuts his +<span class="tei tei-pb" id="page040">[pg 040]</span><a name="Pg040" id="Pg040" class="tei tei-anchor"></a> +flowing locks and lays them in the hand of his dead +friend. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Pausanias declares that it was the custom with +all the Greeks to dedicate their hair to rivers.<a id="noteref_99" name="noteref_99" href="#note_99"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">99</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Theophrastus<a id="noteref_100" name="noteref_100" href="#note_100"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">100</span></span></a> +mentions as a characteristic of the +man of Petty Ambition that he will <span class="tei tei-q">“take his son +away to Delphi to have his hair cut (ἀποκεῖραι),”</span> +showing that this venerable custom had by that time +become pedantic and an object of ridicule. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +According to Athenaeus,<a id="noteref_101" name="noteref_101" href="#note_101"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">101</span></span></a> when the young men +cut their hair they brought a large cup of wine to +Herakles and, pouring a libation, offered it to the +assembled people to drink. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The age at which the hair was cut seems to have +varied. The <span class="tei tei-hi"><span style="font-style: italic">Ordinances of +Manu</span></span><a id="noteref_102" name="noteref_102" href="#note_102"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">102</span></span></a> give the following +instructions:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The Keçanta (tonsure-rite) is ordered in the sixteenth +year</span><a id="noteref_103" name="noteref_103" href="#note_103"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">103</span></span></a><span style="font-size: 90%"> +of a Brahman, in the twenty-second of a Ksatriya, and in two years +more after that for a Vaiçya.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But whenever the actual tonsure was performed, +it seems to have been a very widely spread custom, +symbolical in some way of devotion to a deity or +kindred, or to some particular course of life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Its importance in this place, however, lies in its +being one of the special acts relating to the admission +to tribal status, and to the devotion, so to speak, of +the services of the individual to the corporate needs +of his tribe or kindred. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The public introduction to the kindred, combined +<span class="tei tei-pb" id="page041">[pg 041]</span><a name="Pg041" id="Pg041" class="tei tei-anchor"></a> +with publicity of marriage and of the birth of +children would, it is obvious, be a very important +protection for the preservation of the jealously +guarded purity of the tribal blood. Isaeus<a id="noteref_104" name="noteref_104" href="#note_104"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">104</span></span></a> says +that all relations (προσήκοντες), all the phratores, and +most (οἱ πολλοί) of the demesmen would know whom +a man married, and what children he had. This, in +addition to the oath (πίστις) of the father or of the +mother<a id="noteref_105" name="noteref_105" href="#note_105"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">105</span></span></a> of the legitimacy of the son introduced to +his kin, would seem a very sufficient +safeguard.<a id="noteref_106" name="noteref_106" href="#note_106"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">106</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If a child was not introduced to the phratores, it +was considered illegitimate,<a id="noteref_107" name="noteref_107" href="#note_107"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">107</span></span></a> and could have +no share in the rites of kindred and +property.<a id="noteref_108" name="noteref_108" href="#note_108"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">108</span></span></a> +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc11" id="toc11"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 5. The Liability For Bloodshed.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Liability for bloodshed rested on a group of kinsmen.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +A notable feature of the tribal system all over the +world was the <span class="tei tei-hi"><span style="font-style: italic">blood-feud</span></span>, wiped out only by the death +of the manslayer or by the payment of a sufficient +recompense. The incidence of the responsibility for +murder and for payment of the recompense upon a +group instead of only on the guilty individual was of +remarkable tenacity, and survived to comparatively +late days. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Arabia the whole tribe of the murderer subscribed +to the blood-money, which went to all the +males in the tribe of the murdered man.<a id="noteref_109" name="noteref_109" href="#note_109"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">109</span></span></a> +</p> + +<span class="tei tei-pb" id="page042">[pg 042]</span><a name="Pg042" id="Pg042" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in Greece the responsibility fell upon the next +of kin, with the help and under the supervision of the +rest of the immediate kindred. He had to see that a +spear was carried in front of the funeral of the slain +man and planted in his grave, which must be watched +for three days.<a id="noteref_110" name="noteref_110" href="#note_110"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">110</span></span></a> He must make proclamation of the +foul deed at the tomb, and must undergo purificatory +rites, himself and his whole house (οἰκία). If the +dead body be found in the country and no cause of +death known, the demarch must compel the relatives +to bury the corpse and to purify the deme on the +same day.<a id="noteref_111" name="noteref_111" href="#note_111"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">111</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The subject is a familiar one in Homer. The wanderer +(μετανάστης) is said to have no value (he is +ἀτίμητος), no fine is exacted for his death. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Il.</span></span><span style="font-size: 90%"> xiv. 483. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">That my brother's price (κασιγνήτοιο ποινή) +be not unpaid: even for this it is that a man may well pray to +have some kinsman in his halls (γνωτὸν ἐνὶ μεγάροισιν) to avenge +(ἀλκτήρ) his fall.</span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Il.</span></span><span style="font-size: 90%"> ix. 634. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Yet doth a man accept recompense of his brother's +murderer: or for his dead son: and so the manslayer for a great +price abideth in his own land (ἐν δήμῳ) and the other's heart is +appeased and his proud soul, when he hath taken the +recompense.</span><span style="font-size: 90%">”</span></span><a id="noteref_112" name="noteref_112" href="#note_112"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">112</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">No ransom for murders within the tribe;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There are many men told of in the <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> and +<span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span> who were in the position of refugees at the +court of some chief. As many of them were wealthy—chiefs' +sons or even chiefs—and well able to pay large +recompenses, it seems probable that (as is definitely +stated in some instances), if the murder was committed +on a member of the same family or tribe as the murderer, +<span class="tei tei-pb" id="page043">[pg 043]</span><a name="Pg043" id="Pg043" class="tei tei-anchor"></a> +the only way to wipe out the stain was by death or +perpetual exile, as in the case of the typical fratricide +Cain. The blood-price was then only between tribe +and tribe or city and city. Within the kindred there +would be no ransom allowed.<a id="noteref_113" name="noteref_113" href="#note_113"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">113</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Medon had slain the brother of his step-mother +and was a fugitive from his country.<a id="noteref_114" name="noteref_114" href="#note_114"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">114</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Epeigeus <em class="tei tei-emph"><span style="font-style: italic">ruled</span></em> (ἤνασσε) fairest Boudeion of old, +but having slain a good man of his kin (ανεψιόν), to +Peleus fled, a suppliant.<a id="noteref_115" name="noteref_115" href="#note_115"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">115</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Tlepolemos slew his own father's maternal uncle, +gathered much folk together and fled across the sea, +because the other sons and grandsons of his father +threatened him.<a id="noteref_116" name="noteref_116" href="#note_116"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">116</span></span></a> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Il.</span></span><span style="font-size: 90%"> xxiv. 479. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And as when a grievous curse cometh upon a man +who in his own country (ἐνὶ πάτρη) hath slain another and escapeth +to a land of other folk (δῆμον ἄλλων) to the house of some rich man, +and wonder possesseth them that look on +him....</span><span style="font-size: 90%">”</span></span><a id="noteref_117" name="noteref_117" href="#note_117"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">117</span></span></a> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Od.</span></span><span style="font-size: 90%"> xv. 272. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Having slain a man of my tribe (ἔμφυλον): +and many are his relations (κασίγνητοι) and kinsmen (ἔται) in +Argos: at their hands do I shun death and black fate and am in +exile.</span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Od.</span></span><span style="font-size: 90%"> xxiii. 118. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">For whoso hath slain but one man in his +country (ἐνὶ δήμῳ) for whom there be not many avengers +(ἀοσσητῆρες) behind, he fleeth leaving his kin (πηούς) and his +fatherland, how then we who have slain the pillar of the state!</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">or between citizen and citizen.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +If ransom there was none for the murderer within +the tribe, there was equally none for murders between +citizen and citizen,—in this point also the inheritors of +the sentiments of tribesmen. In the law of Solon<a id="noteref_118" name="noteref_118" href="#note_118"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">118</span></span></a> it +<span class="tei tei-pb" id="page044">[pg 044]</span><a name="Pg044" id="Pg044" class="tei tei-anchor"></a> +was forbidden to take payment in compensation from +the murderer:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The murderer can be slain in our land, not tortured, not held +to ransom (μηδὲ ἀποινᾷν).</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Plato<a id="noteref_119" name="noteref_119" href="#note_119"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">119</span></span></a> +describes the soul of the deceased as +troubled with a great anger against the murderer, so +that even the innocent and unintentional homicide +must needs flee at any rate for a year. The presence +too of a man thus denied with bloodshed at the +sacred altars was held to be a gross impiety and +source of divine anger. Plato<a id="noteref_120" name="noteref_120" href="#note_120"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">120</span></span></a> says:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The murderer shall be slain, but not buried in the country +(χώρα) of the deceased, which would be a disgrace and +impiety.</span><span style="font-size: 90%">”</span></span><a id="noteref_121" name="noteref_121" href="#note_121"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">121</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the case of a suicide, the hand that committed +the crime was to be cut off and buried separately. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Isacus<a id="noteref_122" name="noteref_122" href="#note_122"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">122</span></span></a> it is related how Euthukrates in a +quarrel over a boundary-stone was so flogged by his +<em class="tei tei-emph"><span style="font-style: italic">brother</span></em> Thoudippos that, dying some days after, he +charged his friends (οἱκεῖοι) not to allow any of Thoudippos' +people (τῶν Θουδίππου) to approach his tomb. +But if the murdered man before his death forgave his +murderer, the relatives could not proceed against him. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If the murderer escaped fleeing he must go forever: +if he returned he could be killed at sight by any +one and with impunity.<a id="noteref_123" name="noteref_123" href="#note_123"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">123</span></span></a> The pollution rested on the +whole kindred of the murdered man. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Whosoever </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">being related to the deceased</span></em><span style="font-size: 90%"> on the male or female +side of those within the cousinship shall not prosecute the murderer +when he ought or proclaim him outlaw, he shall </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">take upon himself +</span><span class="tei tei-pb" id="page045">[pg 045]</span><a name="Pg045" id="Pg045" class="tei tei-anchor"></a><span style="font-size: 90%; font-style: italic"> +the pollution</span></em><span style="font-size: 90%"> and the hatred of the gods ... and he shall be in the +power of any who is willing to avenge the dead.</span><span style="font-size: 90%">”</span></span><a id="noteref_124" name="noteref_124" href="#note_124"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">124</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The pollution cannot be washed out until the +homicidal soul has given life for life and has laid to +sleep the wrath of the whole family +(ξυγγένια).<a id="noteref_125" name="noteref_125" href="#note_125"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">125</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If it is a beast that has killed the man, it shall be +slain to propitiate the kin and atone for the blood shed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If it is a lifeless thing that has caused death, it +shall solemnly be cast out before witnesses to acquit +the whole family from guilt.<a id="noteref_126" name="noteref_126" href="#note_126"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">126</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Amongst the Israelites, treating of homicides +<em class="tei tei-emph"><span style="font-style: italic">amongst themselves</span></em>, compensation was forbidden in +like manner. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Numbers xxxv. 31. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Moreover ye shall take no satisfaction for +the life of a murderer which is guilty of death: but he shall surely +be put to death.</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">... The land cannot be cleansed of blood that is shed therein +but by the blood of him that shed it.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us complete this subject with the following +story told by Herodotus:<a id="noteref_127" name="noteref_127" href="#note_127"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">127</span></span></a>—Adrastus, +having slain his brother, flees to the court of Croesus. There he +becomes as a son to Croesus and a brother to Atys, +Croesus' son. This Atys Adrastus has the terrible +misfortune to slay, thereby incurring a three-fold +pollution. He has brought down upon himself the +triple wrath of Zeus Katharsios, Ephestios, and +Hetaireios: he has violated his own innocence, his +protector's hearth, and the comradeship of his friend. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In despair he commits suicide. +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page046">[pg 046]</span><a name="Pg046" id="Pg046" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc12" id="toc12"></a> +<a name="pdf13" id="pdf13"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Chapter III. The Extent Of The Bond Of Kinship.</span></h1> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Arctior vero colligatio est societatis propinquorum: ab illa +enim immensa societate humani generis in exiguam +angustumque concluditur. +</span></div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Cicero</span></span><span style="font-size: 90%">. +</span></div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc14" id="toc14"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 1. Degrees Of Blood-Relationship; The Ἀγχιστεία.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">All kinsmen were not equally responsible.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Such being the character of the burden of mutual +responsibility borne by members of kindred blood, it +remains, if possible, to obtain some idea of how this +responsibility became narrowed and limited to the +nearest relations, and what was the meaning underlying +the distinction drawn between certain degrees +of relationship. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When examining the more detailed structure of +the organisation of the kindred, considerable light +seems to be thrown upon survivals in Athens by +comparison with the customs of other communities, +which were undergoing earlier stages of the same +process of crystallisation from the condition of semi-nomadic +tribes into that of settled provinces or +kingdoms. +</p> + +<span class="tei tei-pb" id="page047">[pg 047]</span><a name="Pg047" id="Pg047" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The unity of the οἶκος.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the Gortyn Laws we read:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +iv. 24. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The father shall have power over the children and the +property to divide it amongst them.... As long as they (the +parents) are alive, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">there is no necessity for division</span></em><span style="font-size: 90%">.... If a man or +woman die their children, or grandchildren, or great-grandchildren, +shall have the property....</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The headship of the οἶκος and the ownership of the +property vested in the parent as long as he lived and +wished to maintain his power. Even after his death, +unless they wished it, the sons need not divide up +amongst themselves, but could live on with joint +ownership in the one οἶκος of their deceased father. +The eldest son would probably take the house itself, +<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> the hearth, with the duties to the family altars +which devolved upon him as head of the family.<a id="noteref_128" name="noteref_128" href="#note_128"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">128</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An example of this joint ownership occurs in the +speech of Demosthenes against Leochares.<a id="noteref_129" name="noteref_129" href="#note_129"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">129</span></span></a> The two +sons of Euthumachos after his death gave their sister +in marriage (no doubt with her proper portion), and +lived separately but <em class="tei tei-emph"><span style="font-style: italic">without dividing</span></em> their inheritance +(τὴν οὐσίαν ἀνέμητον). Even after the marriage of one +brother, they still left the property undivided, each +living on his share of the income, one in Athens, the +other in Salamis. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The possibility of thus living in one οἶκος and on +an undivided patrimony is implied in another passage +in Demosthenes, where, however, the exact opposite +is described as actually having taken place.<a id="noteref_130" name="noteref_130" href="#note_130"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">130</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Bouselos had five sons. He divided (διένειμεν τὴν +οὐσίαν) his substance amongst them all as was fair and +right, and they married wives and begat children and +<span class="tei tei-pb" id="page048">[pg 048]</span><a name="Pg048" id="Pg048" class="tei tei-anchor"></a> +children's children. Thus <em class="tei tei-emph"><span style="font-style: italic">five</span></em> οἶκοι sprang up out of +the one of Bouselos, and <em class="tei tei-emph"><span style="font-style: italic">each brother dwelt apart</span></em>, +having his own οἶκος and bringing up his own offspring +(ἔκγονοι) himself (χωρὶς ἕκαστος ᾤκει). +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whilst the parents were alive the family naturally +held very closely together, and often probably lived +in one patriarchal household like Priam's at Troy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Isaeus declares:—The law commands that we +maintain (τρέφειν) our parents (γονεῖς): these are—parents, +grandparents and <em class="tei tei-emph"><span style="font-style: italic">their parents</span></em>, if they are +still alive: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">For they are the beginning (ἀρχή) of the family (γένος) and +their estate descends to their offspring (ἔκγονοι): wherefore it is +necessary to maintain them even if they leave nothing.</span><span style="font-size: 90%">”</span></span><a id="noteref_131" name="noteref_131" href="#note_131"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">131</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The duty of maintenance (τρέφειν) owed to the +ancestor would follow the same relationship as the +right of inheritance from him, and this common debt +towards their living forebears could not help further +consolidating the group of descendants already bound +together by common rites at the tombs of the dead. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But granted this community of rights and debts, +is it possible to formulate for the Greeks anything of +the same limitations in the incidence of responsibility +amongst blood-relations that is to be found elsewhere? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Grades of kinship in Western Europe.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In western Europe, owing perhaps to the influence +of Christianity, the rites of ancestor-worship +have no prominence. Ecclesiastical influence however +was unable to prevent an exceedingly complex +subdivision of the kindred existing in Wales and +elsewhere. Whether this subdivision finds its <span class="tei tei-hi"><span style="font-style: italic">raison +d'être</span></span> in the worship of ancestors or not, the groups +<span class="tei tei-pb" id="page049">[pg 049]</span><a name="Pg049" id="Pg049" class="tei tei-anchor"></a> +thus formed serve as units for sustaining the responsibilities +incident to tribal life, and being, as will be +seen, governed by similar considerations to those +existing among the Greeks, they afford very suitable +material for comparison, and throw considerable light +upon one another. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The position of the great-grandson,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +As the various departments affected by blood-relationship +or purity of descent come under notice, +it will be seen that the position of <em class="tei tei-emph"><span style="font-style: italic">great-grandson</span></em> +as at once limiting the immediate family of his +parents and heading a new family of descendants is +marked with peculiar emphasis. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">in Wales,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the ancient laws of Wales it rests with great-grandsons +to make the final division of their inheritance +and start new households. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Second cousins may demand redivision of the +heritage descending (and perhaps already divided +up in each generation between) from their great-grandfather. +After second cousins no redivision or +co-equation can be claimed.<a id="noteref_132" name="noteref_132" href="#note_132"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">132</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the meanwhile the oldest living parents maintained +their influence in family matters. In the story +of Kilhwch and Olwen, in the <span class="tei tei-hi"><span style="font-style: italic">Mabinogion</span></span>, the father +of Olwen, before betrothing her to Kilhwch, declares +that <span class="tei tei-q">“her four great-grandmothers and her four great-grandsires +are yet alive; it is needful that I take +counsel of them.”</span><a id="noteref_133" name="noteref_133" href="#note_133"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">133</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and in feudal Normandy.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Even when feudalism refused to acknowledge +other than an individual responsibility for a fief, it +was unable to overcome the tribal theory of the +<span class="tei tei-pb" id="page050">[pg 050]</span><a name="Pg050" id="Pg050" class="tei tei-anchor"></a> +indivisibility of the family, which maintained its unity +in some places even under a feudal exterior. But as +generations proceeded, and the relationships within +the family diverged beyond the degree of second +cousin, a natural breaking up seems to have taken +place, though in the direction of subinfeudation under +the feudal enforcement of the rule of primogeniture, +instead of the practice, more in accordance with +tribal instincts, of equal division and enfranchisement. +It may however be surmised that the subdivision +and subinfeudation of a holding in the occupation +of such a group of kinsmen would be carried +out by the formation of further similar groups. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The custom of </span><span class="tei tei-hi"><span style="font-size: 80%; font-style: italic">parage</span></span><span style="font-size: 80%">.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the <span class="tei tei-hi"><span style="font-style: italic">Coustumes du Pais de Normandie</span></span> mention +is made of such a method of land-holding, called +<span class="tei tei-hi"><span style="font-style: italic">parage</span></span>. It consists of an undivided tenure of +brothers and relations <em class="tei tei-emph"><span style="font-style: italic">within the degree of second +cousins</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The eldest does homage to the capital lord for all +the <span class="tei tei-hi"><span style="font-style: italic">paragers</span></span>. The younger and their descendants +hold of the eldest without homage, until the relationship +comes to the <em class="tei tei-emph"><span style="font-style: italic">sixth degree inclusive</span></em> (<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> second +cousins). When the lineage is beyond the sixth +degree, the heirs of the cadets have to do homage to +the heirs of the eldest or to whomsoever has acquired +the fief. Then <span class="tei tei-hi"><span style="font-style: italic">parage</span></span> +ceases.<a id="noteref_134" name="noteref_134" href="#note_134"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">134</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The tenure then becomes one of subinfeudation. +As long as the <span class="tei tei-hi"><span style="font-style: italic">parage</span></span> continued, the share of a +deceased <span class="tei tei-hi"><span style="font-style: italic">parager</span></span> would be dealt with by redivision +of rights, and no question would arise of +finding heirs. But when it became a question of +<span class="tei tei-pb" id="page051">[pg 051]</span><a name="Pg051" id="Pg051" class="tei tei-anchor"></a> +finding an heir to the group, failing heirs in the +seventh degree inclusive, that is, son of second +cousins—looked upon as son to the group—failing +such an heir, the estate escheated to the lord. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Co-heritage in Wales.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There is an interesting passage in the Ancient Laws +of Wales ordaining that the next-of-kin shall not inherit +as heir to his deceased kinsman, but as heir to the +ancestor, who, apart from himself, would be without +direct heir, <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> presumably their common ancestor. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">No person is to obtain the land of a </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">co-heir</span></em><span style="font-size: 90%">, as of a brother, or +of a cousin, or of a second cousin, by claiming it as heir to that +one co-heir who shall have died without leaving an heir of his +body: but by claiming it as heir </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">to one of his own parents</span></em><span style="font-size: 90%">, who had +been owner of that land until his death without heir, whether +a father, or grandfather, or great-grandfather: that land he is +to have, if he be the nearest of kin to the +deceased.</span><span style="font-size: 90%">”</span></span><a id="noteref_135" name="noteref_135" href="#note_135"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">135</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This of course refers to inheritance within the +group of co-heirs, the members of which held their +position by virtue of their common relationship within +certain degrees to the founder. And we may infer +that emphasis was thus laid on the proof of relationship +by <em class="tei tei-emph"><span style="font-style: italic">direct descent</span></em>, in order to prevent shares in +the inheritance passing from hand to hand unnoticed, +beyond the strict limit where subdivision could be +claimed <span class="tei tei-hi"><span style="font-style: italic">per capita</span></span> by the individual representatives +of the diverging <span class="tei tei-hi"><span style="font-style: italic">stirpes</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Degrees of relationship in India.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The kindred in the <span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span> is +divided into two groups:— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Sapindas, who owe the <em class="tei tei-emph"><span style="font-style: italic">funeral cake</span></em> at the +tomb. +</p> + +<span class="tei tei-pb" id="page052">[pg 052]</span><a name="Pg052" id="Pg052" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Samānodakas, who pour the <em class="tei tei-emph"><span style="font-style: italic">water libation</span></em> at +the tomb. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">To </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">three ancestors</span></em><span style="font-size: 90%"> the water libation must be made; for </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">three +ancestors</span></em><span style="font-size: 90%"> the funeral cake is prepared; the fourth (descendant or +generation) is the giver (of the water and the cake); the </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">fifth has +properly nothing to do</span></em><span style="font-size: 90%"> (with either +gift).</span><span style="font-size: 90%">”</span></span><a id="noteref_136" name="noteref_136" href="#note_136"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">136</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This may be put in tabular form:— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Receivers of water.<br /> +<br /> +1. Great-grandfather's great-grandfather.<br /> +2. Great-grandfather's grandfather.<br /> +3. Great-grandfather's father. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Receivers of cake.<br /> +<br /> +1. Great-grandfather.<br /> +2. Grandfather.<br /> +3. Father.<br /> +4. Giver of cake and water<br /> +5. Excluded +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Or inversely:— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Givers of cake or <span class="tei tei-hi"><span style="font-style: italic">Sapindas</span></span>.<br /> +<br /> +Householder<br /> +Brothers<br /> +1st cousins<br /> +2nd cousins +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Pourers of water or <span class="tei tei-hi"><span style="font-style: italic">Samānodakas</span></span>.<br /> +<br /> +3rd cousins<br /> +4th cousins<br /> +5th cousins +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Within the <span class="tei tei-hi"><span style="font-style: italic">Sapinda</span></span>-ship of his mother, a <span class="tei tei-q">“twice-born”</span> +man may not marry.<a id="noteref_137" name="noteref_137" href="#note_137"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">137</span></span></a> +Outside the <span class="tei tei-hi"><span style="font-style: italic">Sapinda</span></span>-ship, +a wife or widow, <span class="tei tei-q">“commissioned”</span> to bear children +to the name of her husband, must not go. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Now </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Sapinda</span></span><span style="font-size: 90%">-ship ceases with the seventh person, but the +relationship of a Samānodaka (ends) with the ignorance of birth +and name.</span><span style="font-size: 90%">”</span></span><a id="noteref_138" name="noteref_138" href="#note_138"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">138</span></span></a> +</div> + +<span class="tei tei-pb" id="page053">[pg 053]</span><a name="Pg053" id="Pg053" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All are Sapindas who offer the cake to the same +ancestors. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Four generations share in the cake-offering.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The head of the family would himself offer or +share with all his descendants in the offering of the +one cake to his great-grandfather, his grandfather, and +his father. And if this passage is taken in conjunction +with the one quoted just above, the number +sharing in the cake-offering, limited as in the text at +the seventh person from the first ancestor who +receives the cake, is just sufficient to include the great-grandson +of the head of the family, supposed to be +making the offering. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The group, thus sharing the same cake-offering, +would in the natural course be moving continually +downwards, generation by generation as the head of +the family died, thereby causing the great-grandfather +to pass from the receivers of the cake-offering +to the receivers of the water libation, and admitting +the great-grandson's son into the number of Sapindas +who shared the cake-offering. And at no time would +more than four generations have a share in the same +cake offered to the three nearest ancestors of the head +of the family. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Similar grouping of the pourers of the water libation.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The Samānodakas, or pourers of the water libation +appear to have been similarly grouped. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Ignorance of birth and name”</span> was in Wales +considered to be equivalent to <em class="tei tei-emph"><span style="font-style: italic">beyond fifth cousins</span></em>. +According to the Gwentian Code, <span class="tei tei-q">“there is no proper +name in kin further than that”</span>—<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> fifth +cousins.<a id="noteref_139" name="noteref_139" href="#note_139"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">139</span></span></a> +And this tallies exactly with the previous +quotation from Manu limiting the water libation to +<span class="tei tei-pb" id="page054">[pg 054]</span><a name="Pg054" id="Pg054" class="tei tei-anchor"></a> +three generations of ancestors beyond those to whom +the cake is due, which, as has been seen, includes +fifth cousins. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And it must be borne in mind that fifth cousins +are great-grandsons of the great-grandsons of their +common ancestor, or two generations of groups of +second cousins. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The οἶκος includes four generations.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It was extremely improbable that a man would +see further than his great-grandchildren born to him +before his death. And it might also occasionally +occur in times of war or invasion that a man's sons +and grandsons might go out to serve as soldiers, +leaving the old man and his young great-grandchildren +at home. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If the fighting members of the family were +killed, the great-grandsons (who would be second +cousins or nearer to each other) would have to +inherit directly from their great-grandfather: and +thus, especially in cases where the property was held +undivided after the father's death, we can easily see +that second cousins (<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> all who traced back to the +common great-grandfather) might be looked upon as +forming a natural limit to the immediate descendants +in any one οἶκος, and as the furthest removed who +could claim shares of the ancestral inheritance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +After the death of the great-grandfather or head +of the house, his descendants would probably wish +to divide up the estate and start new houses of their +own. The eldest son was generally named after his +father's father,<a id="noteref_140" name="noteref_140" href="#note_140"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">140</span></span></a> +and would carry on the name of the +<span class="tei tei-pb" id="page055">[pg 055]</span><a name="Pg055" id="Pg055" class="tei tei-anchor"></a> +eldest branch of his great-grandfather's house, and +would be responsible for the proper maintenance of +the rites on that ancestor's tomb. He would also +be guardian of any brotherless woman or minor +amongst his cousins, each of whom would be equally +responsible to him and to each other for all the duties +and privileges entailed upon blood-relationship. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus seems naturally to spring up an inner +group of blood-relations closely drawn together by +ties which only indirectly reached other and outside +members of the γένος. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The ἀγχιστεία at Athens.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the fourth century <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span> this compact group +limited to second cousins still survived at Athens, +responsible to each other for succession, by inheritance +or by marriage of a daughter; for vengeance +and purification after injury received by any member, +and for all duties shared by kindred blood. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This close relation was called ἀγχιστεία, and all +its members were called ἀγχιστεῖς <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> any one upon +whom the claim upon the next-of-kin might at any +time fall. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The speech of Demosthenes against Makartatos +affords considerable information as to the constitution +of the family-group or οἶκος. The five sons of +Bouselos,<a id="noteref_141" name="noteref_141" href="#note_141"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">141</span></span></a> we are told, on his death divided his substance +amongst them, and each started a new οἶκος +and begat children and children's children.<a id="noteref_142" name="noteref_142" href="#note_142"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">142</span></span></a> The +action, which was the occasion of the speech, lay +between the great-grandsons of two of these five +founders of οἶκοι, Stratios and Hagnias, and had +reference to the disposal of the estate of the grandson +<span class="tei tei-pb" id="page056">[pg 056]</span><a name="Pg056" id="Pg056" class="tei tei-anchor"></a> +of the latter, which had come into the hands of +the great-grandson of Stratios. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +One might have supposed that the descendants +of Bouselos, with their common burial ground<a id="noteref_143" name="noteref_143" href="#note_143"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">143</span></span></a> and +so forth, would have ranked as all in the same οἶκος +under their title of Bouselidai. But it is clear from +this speech of Demosthenes, that too many generations +had already passed to admit of Bouselos being +considered as still head of an unbroken οἶκος, and +that his <em class="tei tei-emph"><span style="font-style: italic">great</span></em>-great-grandsons were subdivided into +separate οἶκοι under the names of their respective +great-grandfathers, Stratios, Hagnias, &c. (οἵ εἰσιν +ἐκ τοῦ Στρατίου οἴκου, ἐκ δὲ τοῦ Ἁγνίου οὐδεπώποτ᾽ +ἐγένοντο).<a id="noteref_144" name="noteref_144" href="#note_144"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">144</span></span></a> +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc15" id="toc15"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 2. Limitations In Respect Of Succession +Outside The Direct Line Of Descent.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The right of succession limited to the great-grandchild of the +common ancestor.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The Gortyn law quoted above in the previous +section goes on:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +v. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If (a man or woman die and) they have no children, the +deceased's brothers and brother's children or </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">grandchildren</span></em><span style="font-size: 90%"> shall +have the property. If there are none of these, the deceased's sisters, +their children or </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">grandchildren</span></em><span style="font-size: 90%">. If there are none of these, to +whom it descends of whatever grade they be, they shall inherit the +property.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This clause takes the evidence one step further, +and it is noticeable how the right of inheritance is +determined by the great-grandchild of the common +ancestor. In the direct line, a man's descendants +<span class="tei tei-pb" id="page057">[pg 057]</span><a name="Pg057" id="Pg057" class="tei tei-anchor"></a> +down to his great-grandchildren inherited his estate. +In dealing with inheritance through a brother of the +deceased the heirship terminates with the <em class="tei tei-emph"><span style="font-style: italic">grandchild</span></em> +of the brother, who would be great-grandchild of the +nearest common ancestor with the previous owner of +the estate. If there is no brother, the child of the +cousin limits the next branch, as will be seen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The law according to Isaeus.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Isaeus<a id="noteref_145" name="noteref_145" href="#note_145"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">145</span></span></a> describes the working of the then-existing +(c. 350 <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>) law of inheritance at Athens as follows:— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The law gives <span class="tei tei-q">“brothers' property”</span> (i.e. property +without lineal succession) to +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +1. </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">Brothers</span></em><span style="font-size: 90%"> by the same father, or brother's +children, for these are related to the deceased +in the nearest degree; +</span></div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +2. </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">Sisters</span></em><span style="font-size: 90%"> by the same father, or sister's children; +</span></div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +3. </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">First cousins</span></em><span style="font-size: 90%"> by the father's side as far as +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">cousin's children</span></em><span style="font-size: 90%"> (δίδωσι τὴν ἀγχιστείαν +ἀνεψιοῖς πρὸς πατρὸς μέχρι </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">ἀνεψιῶν παίδων</span></em><span style="font-size: 90%">). +</span></div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Failing these, recourse is had back again into +the family (εἰς τὸ γένος πάλιν ἐπανέρχεται) and +the law makes those related through the </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">mother</span></em><span style="font-size: 90%"> +of the deceased, masters (κύριοι) of the family +(and inheritance) in the same order as on the +father's side from the beginning. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That is to say, failing first cousins once removed, the +inheritance goes back and begins again at the mother +of the deceased, who however, being a woman, can only +inherit on behalf of her issue, present or prospective.<a id="noteref_146" name="noteref_146" href="#note_146"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">146</span></span></a> If she has married again and has a son (half-brother +to her deceased son) he would inherit. Failing her +issue, her brother and so on to first cousin's children +<span class="tei tei-pb" id="page058">[pg 058]</span><a name="Pg058" id="Pg058" class="tei tei-anchor"></a> +of the deceased, through his mother, would have the +inheritance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Failing these, the nearest kinsman to be found +on the father's side, of whatsoever degree, is to +inherit. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The law according to Demosthenes.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The law as stated by Demosthenes<a id="noteref_147" name="noteref_147" href="#note_147"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">147</span></span></a> coincides with this:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If there are no sons, brothers by the same father (shall +inherit): and their true born children, if there are any, shall have +the share of their father: if there are no brothers or brother's +children the issue of the latter in the same way shall partake: +males and children of males shall have preference (over females) if +they are born of the same (parents), even if they are further off by +birth (γένει) [</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">i.e.</span></span><span style="font-size: 90%"> are a generation lower down]. If there are none +on the father's side as far as </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">cousin's children</span></em><span style="font-size: 90%"> (μέχρι ἀνεψιῶν παίδων), +the relations on the mother's side in the same way shall have +possession (κυρίους εἶναι). But if there are none on either side +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">within these degrees</span></em><span style="font-size: 90%">, the nearest of kin on the father's side shall +have possession.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whenever this law is quoted the limit of relationship +laid down therein for the immediate ἀγχιστεία is +always that of ἀνεψιῶν παῖδες, or sons of first cousins, +who inherit from their first cousins once removed +(<span class="tei tei-hi"><span style="font-style: italic">oncle à la Brétagne</span></span>, or Welsh uncle as this relation +has been called). Occasionally the patronymic form +ἀνεψιαδοῖ is used, apparently with the same signification, +though properly ἀνεψιαδοῖ would mean sons of +two first cousins, <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> second cousins.<a id="noteref_148" name="noteref_148" href="#note_148"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">148</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">No ἀγχιστεία beyond great-grandsons.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It appears from the evidence reviewed hitherto, +that any great-grandson could inherit from any +grandson of a common ancestor, and the conclusion +<span class="tei tei-pb" id="page059">[pg 059]</span><a name="Pg059" id="Pg059" class="tei tei-anchor"></a> +also seems to be justified, that the group of great-grandsons +were considered to divide up their right to +inherit once for all, and that having done so, with +respect to that inheritance they were considered to +have begun a new succession. To put it differently, +in case of the death of one of these second cousins, +after the final division of their inheritance had taken +place, the rest of the second cousins would have no +right to a share in his portion; an heir would +have to be found within his nearer relations. Thus, +they share responsibilities towards any of their +relations within the group and higher up in their +families, and also stand shoulder to shoulder in sharing +such burdens as pollution and so on, but are outside +the immediate ἀγχιστεία with respect to each +other's succession. The reason for this will perhaps +be more apparent as the argument proceeds. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That the grandson of a first cousin was outside +the ἀγχιστεία is clear from the speech of Demosthenes +already mentioned,<a id="noteref_149" name="noteref_149" href="#note_149"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">149</span></span></a> +where the plaintiff, who originally +stands in that relationship to the deceased whose +inheritance is in dispute, is adopted as son of +his grandfather (first cousin of the deceased), +in order to come within the legal definition of +ἀνεψιοῦ παῖς. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That the son of a second cousin was also without +the pale is directly stated in several passages in +Isaeus. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The heir always ranked as </span><em class="tei tei-emph"><span style="font-size: 80%; font-style: italic">son</span></em><span style="font-size: 80%">.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It must be remembered that by <span class="tei tei-q">“inheritance”</span> is +meant the assumption of all the duties incumbent on +the ἀγχιστεύς, and that the man who <span class="tei tei-q">“inherited”</span> took +<span class="tei tei-pb" id="page060">[pg 060]</span><a name="Pg060" id="Pg060" class="tei tei-anchor"></a> +his place for the future as son of the deceased in the +family pedigree, and reckoned his relationship to the +rest of the γένος thenceforth from his new position, in +the house into which he had come.<a id="noteref_150" name="noteref_150" href="#note_150"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">150</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Hence the limit of the inheritance at cousin's children.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Now if it is true that to the great-grandson was +the lowest in degree to which property could directly +descend without entering a new οἶκος, and if that +great-grandson was also looked upon as beginning with +his acquired property a new portion of the continuous +line of descent; any one, who <span class="tei tei-q">“inherited”</span> from him +and ranked in the scale of relationship as <span class="tei tei-hi"><span style="font-variant: small-caps">HIS SON</span></span>, +would necessarily fall outside the former group and +would be considered as forming the nearest relative +in the next succeeding group. This, it seems, is the +meaning of the language of the law which limits the +ἀγχιστεία to the children of first cousins who could +inherit from their parent's first cousins, and still +<em class="tei tei-emph"><span style="font-style: italic">retain their relationship as great-grandsons</span></em> of the +same ancestor. Whereas any one taking the place of +son to his second cousin would be one degree lower +down in descent, and pass outside the limit of the +four generations. The law makes the kinsmen therefore +exhaust all possible relationships <em class="tei tei-emph"><span style="font-style: italic">within the +group</span></em> by reverting to the mother's kindred with the +same limitation before allowing the inheritance to +pass outside or lower down. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Disinheritance must be sanctioned by kinsmen.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In confirmation of this view the following passage +may be quoted from <span class="tei tei-hi"><span style="font-style: italic">Plato's Laws</span></span>:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">He who in the sad disorder of his soul has a mind, justly or +unjustly, to expel from his family a son whom he has begotten and +brought up, shall not lightly or at once execute his purpose; but +</span><span class="tei tei-pb" id="page061">[pg 061]</span><a name="Pg061" id="Pg061" class="tei tei-anchor"></a><span style="font-size: 90%"> +first of all he shall collect together his own kinsmen, extending to +(</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">first</span></em><span style="font-size: 90%">) </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">cousins</span></em><span style="font-size: 90%"> (μέχρι ἀνεψιῶν), and in +like manner his son's kinsmen by the mother's side,</span><a id="noteref_151" name="noteref_151" href="#note_151"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">151</span></span></a><span style="font-size: 90%"> +and in their presence he shall accuse his son, +setting forth that he deserves at the hands of them all to be dismissed +from the family (γένος).</span><span style="font-size: 90%">”</span></span><a id="noteref_152" name="noteref_152" href="#note_152"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">152</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Before dishonouring one of the family and so +bereaving it of a member owing duties which, by his +disinheritance, may fall into abeyance or be neglected, +the parent calls together all to whom his son might +perhaps ultimately become the only living representative +and heir, and who might at some future time +be dependent on him for the performance of ancestral +rites. That this was in Plato's mind when he wrote +is shown by the next sentence, in which he provides +for the possibility of some relation already having +need of the young man and being desirous to adopt +him as his son, in which case he shall by no means +be prevented. The concurrence of all relations in +such a position was therefore necessary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In other cases where Plato mentions similar +gatherings of the kin but for different purposes, he +extends the summons to <em class="tei tei-emph"><span style="font-style: italic">cousin's children</span></em>. But here +it can be seen they would have no place. They would +be second cousins to the disgraced youth; they might +have to share privilege or pollution with him, but +had no claim on him for duties towards themselves. +He would be <span class="tei tei-q">“cousin's son”</span> to his father's first +cousins—the limit of such a claim in the ἀγχιστεία. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The case of the estate of Hagnias in Isaeus and +Demosthenes.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the speech of Isaeus concerning the estate +of Hagnias, a real second cousin is in possession of +the estate. He won the case at the time and died in +<span class="tei tei-pb" id="page062">[pg 062]</span><a name="Pg062" id="Pg062" class="tei tei-anchor"></a> +possession, and an action against his son Makartatos +for the same property is the occasion of one of the +speeches of Demosthenes. To fully understand the +relationships referred to in these cases, the accompanying +genealogical tree of the descendants of +Bouselos may be of assistance. It will also serve as +an example of how a kindred hung together, and how +by intermarriage and adoption the name of the head +of an οἶκος was carried on down a long line of male +descendants. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> + </p><div class="tei tei-figure" style="width: 90%"><img src="images/bouselos.png" width="700" height="364" alt="Illustration: Family tree of Bouselos." /></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Theopompos, in the speech of Isaeus, had taken +possession of the estate of his second cousin Hagnias, +as his next of kin and heir. Throughout the speech +he is styled ἀνεψιοῦ παῖς so as to bring him +within the phraseology of the law, and he successfully +defends himself from the claims of the next +generation below—viz., his brother's son. But in the +speech of Demosthenes against his son Makartatos, +who had taken possession at his father's death of the +disputed property, it is represented that his father +had got possession only by defeating another +claimant, Phylomache II., by <span class="tei tei-q">“surprise,”</span> as it was +called, by stating that her grandmother through +whom she traced her claim was only half-sister to +Hagnias' father. But Phylomache's husband, having +caused their son Euboulides III. to be adopted as the +son of Euboulides II.—his wife's father and Hagnias' +first cousin, a quite regular course for the grandson +inheriting through his heiress mother—proved that +his wife's grandmother was whole sister to Hagnias +father, and brought the action under the guidance of +Demosthenes against Makartatos. This Euboulides +III. sued as true ἀνεψιοῦ παῖς and οἰκεῖος ἐκ τοῦ οἴκου +<span class="tei tei-pb" id="page064">[pg 064]</span><a name="Pg064" id="Pg064" class="tei tei-anchor"></a> +of Hagnias.<a id="noteref_153" name="noteref_153" href="#note_153"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">153</span></span></a> +He is described as having <span class="tei tei-q">“one of the +titles mentioned in the law <em class="tei tei-emph"><span style="font-style: italic">as far as which</span></em> the law +bids the ἀγχιστεία go, for he is <em class="tei tei-emph"><span style="font-style: italic">cousin's son</span></em> to +Hagnias.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On the other hand, Theopompos, father of Makartatos +and second cousin of Hagnias, is +mentioned<a id="noteref_154" name="noteref_154" href="#note_154"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">154</span></span></a> +as <span class="tei tei-q">“being of a different οἶκος altogether,”</span> and +not at all related in such a way as to be heir of +Hagnias (μηδὲν προσηκόντων ὤστε κληρονομεῖν τῶν +Ἁγνίου, ἀλλὰ γένει <em class="tei tei-emph"><span style="font-style: italic">ἀπωτέρω</span></em> ὄντων), being too far off +in the family (or by birth). +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That the title of Theopompos (viz., second cousinship) +was not valid, may be inferred partly by the +ruses he adopted to get possession, but more especially +by the fact<a id="noteref_155" name="noteref_155" href="#note_155"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">155</span></span></a> that none of the other second cousins on +a par with him, and with whom he ought to have +shared, seem to have believed in the validity of +their titles, or at any rate taken the trouble to sue for +part of the estate. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +However this may be, there does not seem anything +in these speeches other than confirmatory of +the view stated above of the composition and +limitation of the ἀγχιστεία. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc16" id="toc16"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 3. Division Amongst Heirs.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Equal division amongst heirs of the same grade.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Succession to the inheritance of an estate was +ordained by law in strict accordance with the ancient +conception of the unity of the family. On the death +of the head of a family, unless the paternal οἶκος was +<span class="tei tei-pb" id="page065">[pg 065]</span><a name="Pg065" id="Pg065" class="tei tei-anchor"></a> +voluntarily continued unbroken by his descendants, +the natural course was for each son ultimately to live +apart and found a separate οἶκος consisting of himself +and his offspring. Equal division amongst heirs was +therefore the rule in Greece; equal division, that is to +say, between all of equal grade. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The share of a dead son taken by his children.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The Gortyn Laws have already been referred to +as enforcing the principle.<a id="noteref_156" name="noteref_156" href="#note_156"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">156</span></span></a> If a man died, his heirs +were either his sons, or his grandsons, or his greatgrandsons. +If he had no children, his brothers, and +their children, or their grandchildren succeeded. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Athenian law was conceived in the same +spirit, but mentions a further point—viz., that in the +division amongst sons, the οἶκος of any one of their +number who had died before the division, could be +represented by his sons or grandsons, who thus +received their father's share. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This system of representation probably existed +also among the Gortynians, though no mention of it +is made in their laws, for it is inconceivable that any +of the grandsons could be deprived of all share in +their grandfather's estate by the mere death of the +intermediate generation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But the division <span class="tei tei-hi"><span style="font-style: italic">per stirpes</span></span> was not maintained +throughout. It is probable from the words of the +Attic orators that equal division amongst all of the +same grade, such as nephews or cousins, took place +<span class="tei tei-hi"><span style="font-style: italic">per capita</span></span>, any deceased member of that grade being +represented by his sons. Representation, of course, +could not take place in the case of a division amongst +cousins' sons, owing to the strict limitation of the +<span class="tei tei-pb" id="page066">[pg 066]</span><a name="Pg066" id="Pg066" class="tei tei-anchor"></a> +ἀγχιστεία to four generations from the common ancestor; +any deceased relation in that degree therefore +simply dropped out of the succession. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">If sons all dead, grandsons probably divided +</span><span class="tei tei-hi"><span style="font-size: 80%; font-style: italic">per capita</span></span><span style="font-size: 80%">,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It has generally been assumed that grandsons +inheriting directly from their grandfather, all the +intermediate generation being already dead, inherited +none the less the shares of their respective fathers +<span class="tei tei-hi"><span style="font-style: italic">per stirpes</span></span>. But if the foregoing account of the +unity of the οἶκος and its resemblance in its composition +to the household of the Welsh tribal system be +correct, it seems more reasonable to suppose that, all +the intermediate generation being dead, the grandsons, +in virtue of being all equally related to their +grandfather, would inherit in equal shares <span class="tei tei-hi"><span style="font-style: italic">per capita</span></span>. +Any dead grandson would of course be represented, +as before, by his son or sons. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">as in the case of nephews and cousins.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The evidence is not sufficient to justify more than +a suggestion on either side with regard to divisions +amongst lineal descendants. With regard to successions +by relations outside of the direct line of +descent, such as nephews or cousins, it is almost +certain that all of the same degree took equal shares +<span class="tei tei-hi"><span style="font-style: italic">per capita</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Following the law for daughters, quoted by +Demosthenes<a id="noteref_157" name="noteref_157" href="#note_157"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">157</span></span></a>—viz., that though all shared the +inheritance of the property, only one need be dealt with +in view of securing the succession—the assumption can +be made that, when there were several heirs related +in the same degree to the former owner of the estate, +one of their number would be set apart to continue +the household of their kinsman as his son, whilst the +<span class="tei tei-pb" id="page067">[pg 067]</span><a name="Pg067" id="Pg067" class="tei tei-anchor"></a> +others merely took their shares of the property +divided to continue their own οἶκοι respectively. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The equal division of inheritance amongst kinsmen +of equal degree <span class="tei tei-hi"><span style="font-style: italic">per capita</span></span>, in combination with the +system of representation above described, is entirely +consistent with the tribal conception of the household +as hanging closely together, its members always +looking up to their venerable head, in whom the +ownership of the property vested, until by the death +of older generations and the consequent subdivision, +each in his turn became head of an οἶκος and owner of +its share in the ancestral property. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc17" id="toc17"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 4. Qualifications For The Recognition Of Tribal Blood.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Purity of tribal blood jealously guarded.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been remarked above with what jealousy +the purity of the blood of the community was +guarded. No child was admitted into the kindred of +its father until all concerned were fully convinced of +the blamelessness of its pedigree. In such circumstances +it was no easy matter to acquire the privileges +attached to the possession of tribal or citizen +blood. It seems to have been considered that however +great otherwise the claims of a stranger might +be, time alone could really render the qualifications +of his family complete. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">In Wales, privileges attained in the fourth +generation by intermarriages.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Under the ancient Laws of Wales no stranger's +family could acquire the full privileges of a Welsh +tribesman or Cymro, as regards location on land, +until after many generations. But if they married +Welshwomen, and held land from generation to generation, +<span class="tei tei-pb" id="page068">[pg 068]</span><a name="Pg068" id="Pg068" class="tei tei-anchor"></a> +the <em class="tei tei-emph"><span style="font-style: italic">greatgrandsons</span></em> became fully privileged +tribesmen.<a id="noteref_158" name="noteref_158" href="#note_158"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">158</span></span></a> +Similarly if a stranger voluntarily +assumed the position of serf to a Welshman, and his +descendants did not choose to depart, but remained in +that position to the descendants of the Welshman, +the <em class="tei tei-emph"><span style="font-style: italic">greatgrandsons</span></em> of the Welshman became proprietors +of the greatgrandsons of the stranger.<a id="noteref_159" name="noteref_159" href="#note_159"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">159</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Otherwise not until the tenth generation.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +But for the stranger who merely resided in Wales +and did not marry into any Welsh tribe the period +of probation was <em class="tei tei-emph"><span style="font-style: italic">three times as long</span></em>—viz., the greatgrandson +of the greatgrandson of his greatgrandson +was the first to attain to full tribal privilege— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Strangers and their progeny are adjudged to be aillts; also a +reputed son who shall be denied and his progeny, and evildoers +of federate country and their progeny, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">unto the end of the ninth +descent</span></em><span style="font-size: 90%">.</span><span style="font-size: 90%">”</span></span><a id="noteref_160" name="noteref_160" href="#note_160"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">160</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span>, the tenth man would no longer be reckoned an +<span class="tei tei-hi"><span style="font-style: italic">aillt</span></span> but a free Cymro. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The issue of a stranger obtains the privilege of +a tribesman <em class="tei tei-emph"><span style="font-style: italic">in the fourth person</span></em> by legitimate +marriages.<a id="noteref_161" name="noteref_161" href="#note_161"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">161</span></span></a> +But the aillt or stranger, who dwells +in Cymru, does not attain until the <em class="tei tei-emph"><span style="font-style: italic">end of the ninth +descent</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So too inversely:— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The title to inherit by kin and descent in the +tribal land and rights of his ancestors does not become +extinct <em class="tei tei-emph"><span style="font-style: italic">till the ninth man</span></em>. The ninth man in descent +from a banished tribesman coming home and finding +his title as representative of his family seemingly +<span class="tei tei-pb" id="page069">[pg 069]</span><a name="Pg069" id="Pg069" class="tei tei-anchor"></a> +extinguished, is to raise an outcry that from a +proprietor he is becoming a nonproprietor, and the +law will shelter him and adjudge him an equal +share with the occupants he finds on the land. +This is called the <span class="tei tei-q">“outcry across the abyss.”</span> The +tenth man's outcry cannot be heard. <span class="tei tei-q">“Others say”</span> +that the ninth man is too late to raise the +cry.<a id="noteref_162" name="noteref_162" href="#note_162"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">162</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is exactly parallel to the case of the stranger +resident in Cymru. For <em class="tei tei-emph"><span style="font-style: italic">nine</span></em> generations he is a +stranger, and in <em class="tei tei-emph"><span style="font-style: italic">the tenth</span></em> a Cymro. Here for <em class="tei tei-emph"><span style="font-style: italic">nine</span></em> +generations is the Cymro abroad a tribesman, and +in <em class="tei tei-emph"><span style="font-style: italic">the tenth</span></em> he is a stranger. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The same rule amongst the Israelites.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +From a passage in Deuteronomy it would appear +that the qualifications for admission as a full tribesman +amongst the Israelites were identical with those +just mentioned. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Israelites had purified themselves of the ancestor +worship, that so long survived in Greece, and +had, if one may say so, amalgamated all their minor +deities and tribal superstitions in their one great monotheistic +religion. Even then their tribal minds could +not carry back their theology behind the known history +of their own ancestors. Their God was the God of +Abraham, Isaac, and Jacob, and was in their conception +the greatest of Gods—<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span>, greater than the +Gods of other peoples, the existence of which their +own beliefs did not preclude. Thus where in Attic +writers we have mention of the religious rites of the +family (which a stranger or polluted man might not +<span class="tei tei-pb" id="page070">[pg 070]</span><a name="Pg070" id="Pg070" class="tei tei-anchor"></a> +approach), and of the partaking therein as proof of +the whole admission and pure blood of those present, +so in Deuteronomy the expression <span class="tei tei-q">“the Congregation +of the Lord,”</span> is used to denote that sacred +precinct, forbidden to all save pure tribesmen of Israel. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It may be inferred from the following passage +that if a stranger resided in Israel, and his family +continued to do so for nine generations, the tenth +generation would in any ordinary case be admitted +to the Congregation of the Lord as full Israelites. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Deut. xxiii. 2 and 3. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">A bastard, or an Ammonite, or Moabite +shall not enter into the congregation of the Lord </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">even to their tenth +generation</span></em><span style="font-size: 90%">, for ever.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Shorter time in special cases.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In special cases (exactly as was the rule in +Wales)—such as the Edomite who was partly akin +already, and the Egyptian who was united to the +Israelites by the mysterious bonds of hospitality—a +shorter sojourn in the land was held to qualify for full +tribal privilege. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Deut. xxiii. 7 and 8. </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Thou shalt not abhor an Edomite, for +he is thy brother: thou shalt not abhor an Egyptian, because thou +wast a stranger in his land. The </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">children</span></em><span style="font-size: 90%"> that are begotten of +them shall enter into the congregation of the Lord </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">in their third +generation</span></em><span style="font-size: 90%">.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The third generation of <em class="tei tei-emph"><span style="font-style: italic">children</span></em> would be the +<em class="tei tei-emph"><span style="font-style: italic">greatgrandchildren</span></em> of the original settler, and this +is just one third of the length of time implied as +required from the ordinary stranger, who only +attained the tribal privilege in the third succession +of greatgrandchildren. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is worth notice in this connection that the land +of Canaan was divided up in the names of the <em class="tei tei-emph"><span style="font-style: italic">greatgrandchildren</span></em> +of Abraham, to whom the promise was +<span class="tei tei-pb" id="page071">[pg 071]</span><a name="Pg071" id="Pg071" class="tei tei-anchor"></a> +made; Ephraim and Manasseh, the sons of Joseph, +taking their place amongst the others by adoption as +sons by their grandfather Jacob, on an equality with +his other sons.<a id="noteref_163" name="noteref_163" href="#note_163"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">163</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The privilege of citizenship jealously guarded at +Athens.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +These rules are not to be found with the same +distinctness surviving at Athens, but there is a good +deal of evidence showing how jealously the introduction +of strangers to citizenship—which retained much +that made it the later equivalent of the tribal bond—was +regarded. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Strangers made citizens (formally, ceremoniously, +and by public vote) by the Athenian people cannot +hold office as archon or partake of a holy office +(ἱεροσύνη); but their <em class="tei tei-emph"><span style="font-style: italic">children can</span></em>, if they are born +from a citizen wife duly and lawfully betrothed.<a id="noteref_164" name="noteref_164" href="#note_164"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">164</span></span></a> +That is to say, that the Athenians considered it necessary +that there should be actually citizen blood in +the veins of all who held office amongst them.<a id="noteref_165" name="noteref_165" href="#note_165"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">165</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Abhorrence of alien blood.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The abhorrence in which the introduction of alien +blood was held is illustrated by the Athenian law +concerning marriage with aliens, quoted by Demosthenes +in his speech against Neaera. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Law</span></span><span style="font-size: 90%">: </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If an alien shall live as husband with an Athenian +woman by any device or contrivance whatever, it shall be lawful +for any of the Athenians who are possessed of such right, to indict +him before the judges. And if he is convicted, he shall be sold for +a slave and his property confiscated, and the third part shall belong +</span><span class="tei tei-pb" id="page072">[pg 072]</span><a name="Pg072" id="Pg072" class="tei tei-anchor"></a><span style="font-size: 90%"> +to the person who has convicted him. And the like proceedings +shall be taken if an alien woman live as wife with an Athenian +citizen, and the citizen who lives as husband with an alien woman +so convicted shall incur the penalty of 1,000 drachmæ.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Citizenship only conferred as the highest honour.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Citizenship was considered the highest of privileges, +and was conferred only on persons worthy of +great honour. Any citizen could bring an action +against the newly-admitted stranger to test his real +merits, and even after formal acceptance by the +people of Athens, if he failed to justify his claims at +such a trial, his new honours were stripped from him +and he remained an alien. This being so, it cannot +be expected in the comparison that he should rank +with the ordinary resident in Cymru in the Welsh +Laws, but rather as the chieftain whom the +people wished to honour by admission to their +tribe. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is stated in the Welsh Laws that the <em class="tei tei-emph"><span style="font-style: italic">son</span></em> of a +stranger chief, to whom honour was to be given, +entered the whole privilege of the tribe. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Qualification dependent on ancestry and +status of family.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +According to Aristotle,<a id="noteref_166" name="noteref_166" href="#note_166"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">166</span></span></a> +candidates for archonship at Athens were asked their father's name and his +deme, their grandfather's name and his deme, their +mother's and her father's name and his +deme;<a id="noteref_167" name="noteref_167" href="#note_167"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">167</span></span></a> +whether the candidate had an Apollo Patroïos and +Zeus Herkeios, and where these shrines were: +also if he treated his parents well and paid his +taxes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In order to be perfectly sure that the candidate +was of full and pure blood, they investigated the condition +of both his grandparents, and, as further proof, +<span class="tei tei-pb" id="page073">[pg 073]</span><a name="Pg073" id="Pg073" class="tei tei-anchor"></a> +assured themselves that he had a house and property +of his own, and that too inherited from his ancestors. +Furthermore, he must be guilty of no impiety towards +his parents or the State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If it were the case at Athens that the fourth +generation from a stranger was considered as having +attained to the rights of a citizen, it mattered little +what a man's <em class="tei tei-emph"><span style="font-style: italic">greatgrand</span></em>father was. He might have +been an alien, yet if the intermediate ancestors were +<span class="tei tei-q">“in order,”</span> the candidate would have acquired the full +blood.<a id="noteref_168" name="noteref_168" href="#note_168"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">168</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Fourth generation acquired new privilege or status.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the <span class="tei tei-hi"><span style="font-style: italic">Oedipus Tyrannus</span></span>,<a id="noteref_169" name="noteref_169" href="#note_169"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">169</span></span></a> Sophocles apparently +uses the expression <span class="tei tei-q">“slave from the <em class="tei tei-emph"><span style="font-style: italic">third</span></em> mother”</span> as +implying that three descents were considered to confirm +the position of the fourth generation as slave or +citizen, or whatever the case might be. Oedipus +assures Jokasta that <em class="tei tei-emph"><span style="font-style: italic">her</span></em> pedigree and status will +remain unimpugned, even though the enquiry he is +prosecuting establish him thrice-born a slave from +slave mother, slave grandmother, and slave greatgrandmother. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In elections for sacred offices, which appear to +have been about the last things laid open to the new +citizen, the possession of three generations of privileged +ancestors was in some places insisted on. +There is an inscription to this effect belonging to +<span class="tei tei-pb" id="page074">[pg 074]</span><a name="Pg074" id="Pg074" class="tei tei-anchor"></a> +Halikarnassos;<a id="noteref_170" name="noteref_170" href="#note_170"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">170</span></span></a> +and some similar rule seems to have +held good among the Jews. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">These sought their register among those that were reckoned by +genealogy, but it was not found; therefore were they, as polluted, +put from the priesthood (</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">ἠγχιστεύθησαν</span></em><span style="font-size: 90%"> ἀπὸ τῆς +ἱερατείας).</span><span style="font-size: 90%">”</span></span><a id="noteref_171" name="noteref_171" href="#note_171"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">171</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The book of Nehemiah closes with the triumphant +verse: <span class="tei tei-q">“Thus I cleansed them from all strangers.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Seventh generation in the Ordinances of Manu.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The rule in the <span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span> for the +recovery of Brahman caste is just halfway between +the tenth and the fourth generations—namely, the +seventh, or <em class="tei tei-emph"><span style="font-style: italic">greatgrandson of the greatgrandson</span></em> of +the first halfcaste. This is only the case when each +generation marries a Brahman wife. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If (the caste) produced from a Brahman by a Çudra woman +keeps reproducing itself by nobler (marriage) this ignoble attains +a noble family </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">at the seventh union</span></em><span style="font-size: 90%"> +(Yuga).</span><span style="font-size: 90%">”</span></span><a id="noteref_172" name="noteref_172" href="#note_172"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">172</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +If (1) the halfcaste marries a Brahman woman and</span><br /><span style="font-size: 90%"> +(2) his son do.</span><br /><span style="font-size: 90%"> +(3) his grandson do.</span><br /><span style="font-size: 90%"> +(4) his </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">greatgrandson</span></em><span style="font-size: 90%"> do.</span><br /><span style="font-size: 90%"> +(5) </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">his</span></em><span style="font-size: 90%"> son do.</span><br /><span style="font-size: 90%"> +(6) his grandson do.</span><br /><span style="font-size: 90%"> +(7) his </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">greatgrandson</span></em><span style="font-size: 90%"> do.—at last his family is +restored to their lost high caste. +</span></div> + +</div> + +<span class="tei tei-pb" id="page075">[pg 075]</span><a name="Pg075" id="Pg075" class="tei tei-anchor"></a> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc18" id="toc18"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 5. Limitations Of Liability For Bloodshed.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">All within the ἀγχιστεία were liable.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The ἀγχιστεία, limited to relations within the +same degrees as for other purposes, seems to be the +unit in the case of pollution of the kindred by the +death—violent or natural—of one of their number. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Whosoever</span><a id="noteref_173" name="noteref_173" href="#note_173"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">173</span></span></a><span style="font-size: 90%"> +being related to the deceased on the male or +female side of those </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">within the cousinship</span></em><span style="font-size: 90%"> (ἐντὸς ἀνεψιότητος), shall +not prosecute the murderer when he ought and proclaim him outlaw, +he shall take </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">upon himself</span></em><span style="font-size: 90%"> the pollution and the hatred of the +gods ... and he shall be in the power of any who is willing to +avenge the dead....</span><span style="font-size: 90%">”</span></span><a id="noteref_174" name="noteref_174" href="#note_174"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">174</span></span></a> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The pollution cannot be washed out until the homicidal soul +which did the deed has given life for life and has propitiated and +laid to sleep the wrath of the whole family</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%"> (ξυγγένεια).</span><a id="noteref_175" name="noteref_175" href="#note_175"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">175</span></span></a> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If a brother wound a brother (ὁμόγονος) the parents (γεννῆται) +and the kinsmen (συγγενεῖς) to </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">cousins' children</span></em><span style="font-size: 90%"> on male and female +side shall meet and judge the case.</span><span style="font-size: 90%">”</span></span><a id="noteref_176" name="noteref_176" href="#note_176"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">176</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Ransom was forbidden; citizen was bound to +citizen with ties that had inherited too much of the +tribal sanctity to admit of any extenuation of the +extreme penalty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was no doubt a wise policy on the part of the +legislators, with the view to the preservation of respect +for life and property, to make the responsibility for +murder rest as widely as possible, and include as +many relations and connections on both sides as might +be. In order also that the wife, in case her husband +was killed, and the daughter, in case her father was +killed, might be fully protected and represented +<span class="tei tei-pb" id="page076">[pg 076]</span><a name="Pg076" id="Pg076" class="tei tei-anchor"></a> +among the prosecuting kindred, the law of Draco +seems to lay the necessity for action also on the +father-in-law and the son-in-law. The <span class="tei tei-hi"><span style="font-style: italic">phratria</span></span>, being +such a compact organisation and exacting such +formal admission of its members, would naturally be +concerned to see that justice was dealt to any of its +number. Though we cannot include the <span class="tei tei-hi"><span style="font-style: italic">phratores</span></span> +amongst those directly responsible equally with the +near kinsmen for crimes committed by one of their +number, they would always have to take a certain +part in whatever was necessary to bring him to justice, +besides being generally concerned in all matters +relating to kinship, which affected any member of +their <span class="tei tei-hi"><span style="font-style: italic">phratria</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The Law of Draco.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Proclamation shall be made against the murderer +in the agora within [? his] cousinship and (the +degree) of a first cousin, and prosecution shall be +made jointly by cousins and <em class="tei tei-emph"><span style="font-style: italic">cousins' children and +descendants of cousins</span></em>, and sons-in-law and fathers-in-law +and <span class="tei tei-hi"><span style="font-style: italic">phratores</span></span>.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That Demosthenes here quotes a genuine law of +Draco is proved by an inscription found at Athens +belonging to the year 409 <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>, recording this sentence +as part of the law of Draco about murder.<a id="noteref_177" name="noteref_177" href="#note_177"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">177</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In another place Demosthenes thus refers to the +action of this law:— +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The law commands the relations to go forth and +<span class="tei tei-pb" id="page077">[pg 077]</span><a name="Pg077" id="Pg077" class="tei tei-anchor"></a> +prosecute as far as descendants of cousins; and in the +oath it is defined what the relationship actually +is, etc.”</span><a id="noteref_178" name="noteref_178" href="#note_178"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">178</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The use of ἀνεψιαδοῖ in addition to ἀνεψιῶν παῖδες +in Draco's law above is emphatic as implying that +as regards pollution the group of relations to +second cousins were treated <span class="tei tei-hi"><span style="font-style: italic">en masse</span></span> as under +the stain; they had not yet, so to speak, reached +the point where they could divide up their responsibility. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The case of murder within the ἀγχιστεία.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +If the murder was committed within the narrow +limits of the ἀγχιστεία itself, the double pollution of +the bloodspilling and the blood spilled rested upon the +whole group with overwhelming force. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Plato<a id="noteref_179" name="noteref_179" href="#note_179"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">179</span></span></a> +treats of such a calamity and prescribes +the remedy. If a man slay his wife, or she her +husband, his children are orphans; their debt +of maintenance to their parent is cancelled; he +must flee; they possess his goods. If he is childless, +his relations shall meet <em class="tei tei-emph"><span style="font-style: italic">to the children of his +cousins</span></em> on the male and female side (<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> all his possible +heirs) and shall elect not one of themselves, +but a younger son of some other and pious family to +bring in new blood with better fortune to counteract +the curse, as heir to the house (κληρονόμος εἰς τὸν οἶκον), +introducing him to the father of the banished (or +deceased) man and to those further back in the family +(τοῖς ἄνω τοῦ γένους), calling him their <em class="tei tei-emph"><span style="font-style: italic">son</span></em>, the continuer +of their family (γεννήτωρ), their hearth-keeper +<span class="tei tei-pb" id="page078">[pg 078]</span><a name="Pg078" id="Pg078" class="tei tei-anchor"></a> +(ἑστιοῦχος), and minister of their sacred rites.... +But the guilty man they shall <span class="tei tei-q">“let lie,”</span> nameless, +childless, portionless for ever.<a id="noteref_180" name="noteref_180" href="#note_180"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">180</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The blood-fine or galanas in Wales.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the ancient Laws of Wales the blood-fine takes +a very important position. But whereas all the +relations of the murderer are liable to be called upon +to pay the <span class="tei tei-q">“Spearpenny,”</span> as it is called, only the +inner kindred within fixed degrees contribute proportionally +to the payment of the price. The group +upon which this responsibility falls is twice as large +in the Welsh Laws as at Athens, and includes <em class="tei tei-emph"><span style="font-style: italic">fifth</span></em> +cousins, or the greatgrandchildren of greatgrandchildren +of a common ancestor. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Dimetian Code describes the relations who +pay galanas as follows.<a id="noteref_181" name="noteref_181" href="#note_181"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">181</span></span></a> Those beyond only pay +<span class="tei tei-q">“spearpenny.”</span> +</p> + +<table summary="This is a list." class="tei tei-list" style="margin-bottom: 1.00em; margin-top: 1.00em"><tbody><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Father and mother.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Grandfather.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Greatgrandfather.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Brother and sister.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">First cousins.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Second cousins.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Third cousins.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Fourth cousins.</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Fifth cousins.</td></tr></tbody></table> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +According to the Gwentian Code, <em class="tei tei-emph"><span style="font-style: italic">fifth</span></em> cousins +share. <span class="tei tei-q">“There is no proper share, no proper name in +kin further than that.”</span><a id="noteref_182" name="noteref_182" href="#note_182"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">182</span></span></a> +</p> + +<span class="tei tei-pb" id="page079">[pg 079]</span><a name="Pg079" id="Pg079" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Venedotian Code states that galanas is paid by +the kindred: two parts by the relations of the father, +one part by the relations of the mother, to <em class="tei tei-emph"><span style="font-style: italic">sixth +cousins</span></em>. All kindred after sixth cousins pay +spearpenny.<a id="noteref_183" name="noteref_183" href="#note_183"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">183</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The sixth cousin is also called <span class="tei tei-q">“kinsman son of a +fifth cousin, and then <em class="tei tei-emph"><span style="font-style: italic">the father (i.e. the fifth cousin) +pays it</span></em>, because his relationship can be fixed, <em class="tei tei-emph"><span style="font-style: italic">but the +relationship of his son to the murderer cannot</span></em>.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Defilement rested upon the group of kinsmen.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The defilement of carrying out a corpse and +assisting at a funeral also covered the same area of +relationship at Athens—<span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> the ἀγχιστεία. The house +of the dead man was only to be entered by those +naturally polluted. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">After the funeral no woman to enter the house save only +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">those defiled</span></em><span style="font-size: 90%">; to wit—mother, wife, sisters, and daughters; +beside these not more than five women and two girls, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">daughters of +first cousins</span></em><span style="font-size: 90%">: beyond these, +none.</span><span style="font-size: 90%">”</span></span><a id="noteref_184" name="noteref_184" href="#note_184"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">184</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Demosthenes quotes the law of Solon to the effect +that— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">No woman under sixty years old to enter the house or follow +the corpse except those within ἀνεψιαδοῖ (πλὴν ὅσαι ἐντὸς ἀνεψιαδῶν +εἰσιν): no woman </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">at all</span></em><span style="font-size: 90%"> may enter the house after the carrying +out of the corpse except </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">those within</span></em><span style="font-size: 90%"> +ἀνεψιαδοῖ.</span><span style="font-size: 90%">”</span></span><a id="noteref_185" name="noteref_185" href="#note_185"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">185</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All those near of kin assist in the funeral. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The payment of the blood-fine by the whole +family of the murderer was considered necessary to +<span class="tei tei-pb" id="page080">[pg 080]</span><a name="Pg080" id="Pg080" class="tei tei-anchor"></a> +allay the vengeance and anger of the family of the +murdered man within the same area of relationship. +In Wales the members of the family who received +the galanas, did so in proportion to the importance +of their position in the transmission of the kindred +blood, according to a classification identical with +their proximity in relationship to the dead man, +and their expectation of inheritance from him or succession +to his place. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The mother's relations included in Greece +and in Wales.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The inclusion of the mother's relatives and their +liability in these circumstances, in addition to the +paternal relations, follow naturally enough in Wales +as in Greece when once the transmission of inheritance +through a woman, in default of male heirs, had +become a recognised possibility. A woman's sons +might always be called upon under certain circumstances +to take inheritance from <em class="tei tei-emph"><span style="font-style: italic">her</span></em> father or next of +kin. They therefore quite fairly shared in the claims +as well as the privileges of their position. And <span class="tei tei-hi"><span style="font-style: italic">vice +versa</span></span>, in exchange for the priceless guarantee of continuity +provided by a woman's offspring to her relations, +they too would be prepared to undergo a part +of the penalties incurred by any of those who might +rank some day as their next of kin, or as their +sons. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This view of the source of their recognition as +members of the kindred responsible for the blood-fine +in Wales is confirmed by a statement in the Venedotian +Code.<a id="noteref_186" name="noteref_186" href="#note_186"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">186</span></span></a> +Those women and clerks who can +swear that they will never have children, and so +are useless for the preservation of continuity in the +<span class="tei tei-pb" id="page081">[pg 081]</span><a name="Pg081" id="Pg081" class="tei tei-anchor"></a> +families to which they belong, are specially exempted +from contribution to the galanas, inasmuch as they +have forsworn the privilege of attaining through posterity +a share in the immortality on earth of their +kindred. +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page082">[pg 082]</span><a name="Pg082" id="Pg082" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc19" id="toc19"></a> +<a name="pdf20" id="pdf20"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Chapter IV. The Relation Of The Family To The Land.</span></h1> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Γαῖαν παμμήτειραν ἀείσομαι, ἠυθέμεθλον,</div> +<div class="tei tei-l" style="text-align: left">πρεσβίστην, ἣ φέρβει ἐπὶ χθονὶ πάνθ᾽, ὁπός᾽ ἐστὶν, ...</div> +<div class="tei tei-l" style="text-align: left">ἐκ σέο δ᾽ εὔπαιδές τε καὶ εὔκαρποι τελέθουσι,</div> +<div class="tei tei-l" style="text-align: left">πότνια, σεῦ δ᾽ ἔχεται δοῦναι βίον ἠδ᾽ ἀφελέσθαι</div> +<div class="tei tei-l" style="text-align: left">θνητοῖς ἀνθρώποισιν.</div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Homeric Hymn. +</p> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc21" id="toc21"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 1. The Κλῆρος And Its Form.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In trying to realise the methods of land tenure +amongst the Greeks, we are baffled by the indirectness +of the evidence available. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The usual holding of a citizen was called +a κλῆρος or </span><span class="tei tei-q"><span style="font-size: 80%">“</span><span style="font-size: 80%">lot.</span><span style="font-size: 80%">”</span></span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +We know that the estate which descended from +father to son, and was in theory inalienable from the +family of its original possessors, was called a κλῆρος +or <span class="tei tei-q">“lot,”</span> but the familiarity with which the poets, +historians, and orators use the word does not afford +information as to what the κλῆρος really was and how +it was made use of in practice. The law concerning +these family holdings, says Aristotle,<a id="noteref_187" name="noteref_187" href="#note_187"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">187</span></span></a> and concerning +their possible transmission through daughters was +not written. It was a typical example of customary +law. This statement gives a hint as to the usual +treatment of questions arising under this head. +Methods of land tenure were not of rapid growth, nor +<span class="tei tei-pb" id="page083">[pg 083]</span><a name="Pg083" id="Pg083" class="tei tei-anchor"></a> +were they easily changed; they had their source with +the slow devotion to agriculture of pastoral tribes, +and were dependent on a class unaffected by the +growth of education and the arts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The relation of ownership of land to the structure of +the family.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The intricate connection of the system of land +tenure with the composition of the family removed +the consideration of questions of ownership from the +sphere of written law, and delegated them to the most +conservative department of customary procedure, +ranking them on a par with questions of family +religious observances.<a id="noteref_188" name="noteref_188" href="#note_188"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">188</span></span></a> The deposit of some ancestor's +bones in a certain field was occasionally a valuable +link in the title to possession of that piece of land as +private property;<a id="noteref_189" name="noteref_189" href="#note_189"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">189</span></span></a> and the possession of land at all +was in part a guarantee of the pure native blood in +the veins of the possessor.<a id="noteref_190" name="noteref_190" href="#note_190"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">190</span></span></a> It is a striking illustration +of the truth of this that, throughout all the extant +speeches of Isaeus dealing with the disposal of κλῆροι +of dead citizens, not a single case turns upon evidence +for or against a sale or transfer of property. The +speeches all deal exclusively with family matters; +the line of argument always leads to the proof of near +kinship by blood or adoption to the previous owner; +and the right of possession of the inheritance seems +taken for granted as following incontrovertibly the +establishment of the required relationship.<a id="noteref_191" name="noteref_191" href="#note_191"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">191</span></span></a> +</p> + +<span class="tei tei-pb" id="page084">[pg 084]</span><a name="Pg084" id="Pg084" class="tei tei-anchor"></a> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">It seems to me that all those who contend for the right of +succession to estates, when like us they have shown themselves to +be both nearest in blood to the person deceased, and most connected +with him in friendship (φιλίᾳ), are dispensed from adding +a superfluity of other arguments.</span><span style="font-size: 90%">”</span></span><a id="noteref_192" name="noteref_192" href="#note_192"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">192</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Early semi-pastoral habits.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the early settlements, as Thucydides tells us, +necessity was the ruling motive. Each man devoted +his attention to providing the necessaries of life. +There was superfluity neither of chattels nor of tilth. +Men hesitate to sow when the harvest is to be reaped +by their enemies.<a id="noteref_193" name="noteref_193" href="#note_193"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">193</span></span></a> +The flocks and herds of the +pastoral tribes could be driven for safety into the +mountain strongholds; yet even they were liable to +frequent losses. On one occasion Odysseus had to +go to Messene <span class="tei tei-q">“to recover a debt; which, to wit, the +whole people owed him (πᾶς δῆμος): for the Messenians +had lifted 300 sheep with their shepherds +from Ithaka.”</span><a id="noteref_194" name="noteref_194" href="#note_194"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">194</span></span></a> +As the newcomers increased in numbers +and gained a reputation for ability to defend +their own, sufficient to discourage the attacks of their +neighbours, they would have leisure to devote some +of their energies to the cultivation of the plains +around them. Troy was founded first up in the +hills,<a id="noteref_195" name="noteref_195" href="#note_195"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">195</span></span></a> +and afterwards was moved down to a good position on +the lower ground for the sake no doubt of the better +<span class="tei tei-pb" id="page085">[pg 085]</span><a name="Pg085" id="Pg085" class="tei tei-anchor"></a> +pasture in the river meadows, and of the agriculture +which had long been carried on over the <span class="tei tei-q">“wheat-bearing +plain”</span> around the city,<a id="noteref_196" name="noteref_196" href="#note_196"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">196</span></span></a> before the ravages of +the ten years' war. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is not proposed to enter in detail into the +<em class="tei tei-emph"><span style="font-style: italic">methods</span></em> of cultivation of the soil in vogue at various +times in Greece; but inasmuch as whilst studying +the kernel, assistance may often be obtained from +knowledge of the shell, mention may be made in +passing of such few points of interest in the physical +features of agriculture as may be available. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Modern methods of land-tenure in Greece +and the islands.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the Consular Reports on Land Tenure in Europe +made in 1869, descriptions are given of the existing +methods of tenure and cultivation in Greece and the +Islands. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Greece the usual holding of a small proprietor +is said to be of fifteen to twenty-five acres (or sometimes +double that area), and is called a +<span class="tei tei-hi"><span style="font-style: italic">zeugarion</span></span>.<a id="noteref_197" name="noteref_197" href="#note_197"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">197</span></span></a> +Many have only a couple of acres. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The greatest inconvenience and frequent lawsuits arise from +the manner in which these properties intersect each other. Moreover +none of the usual precautions are adopted to mark the limits +of the different properties, which, in the absence of any reliable +land survey, are often very vaguely described in the title +deeds.</span><span style="font-size: 90%">”</span></span><a id="noteref_198" name="noteref_198" href="#note_198"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">198</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In cases of intestacy real property is divided +equally among the children or nearest relatives. +When there is a will the testator can only reserve for +his disposal a share of the estate equivalent to that +which, after an equal division, descends by right to +each of the direct heirs. +</p> + +<span class="tei tei-pb" id="page086">[pg 086]</span><a name="Pg086" id="Pg086" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Family-holdings in Santa Maura.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Professor Ansted, in his book on the Ionian +Islands in the year 1863, thus describes the management +of an estate on the Island of Santa Maura:—<a id="noteref_199" name="noteref_199" href="#note_199"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">199</span></span></a> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">According to Ionian law, all the members of a family share +equally in the family property after the death of the father; but +it does not follow as a matter of course that the property is divided. +It is much more usual that the brothers and sisters, if young, +continue to live together till they either marry or undertake some +employment or business at a distance. If a sister marries, she is +dowered with a sum equivalent to her share. If a brother however +earns a separate income, from whatever source, whether he be +married or remain single, and whether he live in the same or a +different house, or even remove to another town or island, he pays +in all his income to a joint fund, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">the foundation of which is the +income obtained from the paternal estate</span></em><span style="font-size: 90%">. Those who do nothing +else manage the estate. One brother, perhaps, remains in the +village as cultivator, another lives in the town acting as factor, or +merchant to the estate, receiving and selling the produce and +managing the proceeds, whatever the case may be; and in addition +selling, exporting, and otherwise conducting a general business in +the same department. A third may perhaps receive and sell the +goods in a foreign country. A fourth may be a member of the +legislature, and a fifth a judge. Some marry and have families, +others remain single: but the incomes of all are united, each +draws out a reasonable share, according to his needs, and a very +close account is kept of all transactions. If one brother dies, his +children come into the partnership; and as time goes on, these +again will grow up and marry, the daughters receiving a proportional +and often large dower out of the joint fund, entirely without +reference to the special property of their parents. This may go on +indefinitely: but as family quarrels will arise, </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">there are always +means of terminating the arrangement</span></em><span style="font-size: 90%">, and closing accounts, either +entirely as regards all, or partially as with reference to a </span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">mauvais +sujet</span></span><span style="font-size: 90%">, or troublesome member of the partnership.... This curious +patriarchal system, though obtaining more perfectly and frequently +in Santa Maura than in the other islands, exists in Cephalonia and +is said to be not quite unknown in Zante, where the state of +society approximates far more to that common in the western +countries of Europe. Santa Maura, being the most isolated of +all the islands and that which retains all ancient customs most +</span><span class="tei tei-pb" id="page087">[pg 087]</span><a name="Pg087" id="Pg087" class="tei tei-anchor"></a><span style="font-size: 90%"> +tenaciously, is naturally that in which this sort of communism can +exist with smallest risk of interference.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +According to the Consular Reports, the relations +between landlord and tenant are governed more by +local usage than by law, and the landlord generally +takes on an average about 15 per cent. of the produce +in kind on the threshing-floor, as rent, in cases where +he does not supply more than the bare use of the +land.<a id="noteref_200" name="noteref_200" href="#note_200"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">200</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The open field system in Greece,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There is little manuring; the light plough barely +turns the surface of the land. Land is usually allowed +to lie fallow every other year, sometimes two years +out of three. Sheep and goats are the chief stock; +they of course graze in summer on the mountains; +villages sometimes own forests and waste lands in +common. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and in the islands.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the islands of the Archipelago,<a id="noteref_201" name="noteref_201" href="#note_201"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">201</span></span></a> the holdings are +frequently divided into separate plots consisting of a +quarter or half acre apiece or even less, intersected by +those belonging to other parties. Cattle are pastured +on the fallow, roadsides, &c., near the village. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Cephalonia,<a id="noteref_202" name="noteref_202" href="#note_202"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">202</span></span></a> +holdings consist of from five to +twenty-five acres, seldom in a continuous piece, but +<span class="tei tei-q">“cut up into patches and intersected by other properties.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Corfu,<a id="noteref_203" name="noteref_203" href="#note_203"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">203</span></span></a> +the holdings are similar—infinitesimally +small and intermixed pieces of land, especially in the +olive groves, where however there are no divisions +on the land and the <span class="tei tei-q">“oldest inhabitant”</span> has to be +asked for evidence of ownership in disputed cases. +</p> + +<span class="tei tei-pb" id="page088">[pg 088]</span><a name="Pg088" id="Pg088" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Throughout the Greek nation, the peasants live in +their houses in villages and not on separate estates. +They help one another to avoid the expense of hired +labour, and themselves work for hire on the estates +of the large proprietors. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The open field system in Homer.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Professor Ridgeway has drawn attention to the +knowledge of this open field system in the <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> and +<span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span>;<a id="noteref_204" name="noteref_204" href="#note_204"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">204</span></span></a> +and indeed the division of the land tilled +by occupants of villages into small pieces or strips, in +such a way that the holding of each consists of a +number of isolated pieces lying promiscuously +amongst the strips of others, over the whole area +under plough, is a world-wide custom and is the habit +alike of the east as of the west. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Though the assertion cannot yet be made that +the κλῆρος was thus arranged on the soil, it can do +no harm at any rate to bear in mind this ancient and +still used method of dividing land, whilst considering +the question of the relation of the ownership of the +soil to the rank and status of the tribesman. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc22" id="toc22"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 2. The Relation Of The Κλῆρος To The Οἶκος.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Ownership of the κλῆρος vested in the head of the οἶκος.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The connection of the possession of land with the +headship of the family finds its counterpart in the +right of maintenance of those who had the true blood +of that family. And in those countries where the +sons remained until their father's death under his +<span class="tei tei-hi"><span style="font-style: italic">patria potestas</span></span> they had to look to him for maintenance +<span class="tei tei-pb" id="page089">[pg 089]</span><a name="Pg089" id="Pg089" class="tei tei-anchor"></a> +derived from the κλῆρος which descended to +him as the means of sustenance for himself and his +family. Where the head of the family alone was +responsible for the rites to the dead at the family +altars, the position of a son would always be incomplete +if he tried to establish during his father's lifetime +a hearth and household of his own. And it has +been already mentioned that it was necessary to +emancipate a son from the family of his own father, +before he could take property, passing on the death +of his mother's relations to her issue, and assume his +rightful position as their representative and the living +head of their household.<a id="noteref_205" name="noteref_205" href="#note_205"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">205</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +According to Harpocration, the initiation into the +mysteries of the hearth only took place on the actual +assumption of the inheritance.<a id="noteref_206" name="noteref_206" href="#note_206"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">206</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Dependence of other members of the οἶκος.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Occasionally a father feeling the weight of years +would be glad to pass on to his son during his lifetime +some of his burden of responsibility by making +him master of his estate (κύριος τῆς οὐσίας).<a id="noteref_207" name="noteref_207" href="#note_207"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">207</span></span></a> In +this case, the son would be responsible for the +maintenance of his parent, a duty much insisted on +by Plato and Isaeus. In fact the conclusion is justified +that the family, until final subdivision into +separate οἶκοι, drew its supplies from the common +inheritance, and that the subdivision of the means of +subsistence was contemporaneous and co-extensive +with the differentiation of the various branches of the +original οἶκος along the lines of the rising generations. +</p> + +<span class="tei tei-pb" id="page090">[pg 090]</span><a name="Pg090" id="Pg090" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The same may be inferred from the words of +Demosthenes describing the division of the property +of Bouselos amongst his sons and the foundation of +their several οἶκοι. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And all these sons of Bouselos became men, and their father +divided his substance amongst them all, with perfect justice. And +they having shared the substance, each of them married a wife +according to your laws, and there were born children to them all, +and children's children, and there grew up five οἶκοι from the one +οἶκος of Bouselos, and each dwelt apart, having his own house and +his own offspring.</span><span style="font-size: 90%">”</span></span><a id="noteref_208" name="noteref_208" href="#note_208"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">208</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the meanwhile, before division, all sons had +equal right to participate in the family goods after the +father's death, and dowries had to be paid therefrom +to the daughters. The eldest brother was guardian +(κύριος) of his sisters and those of his brothers who +were minors, inasmuch as he succeeded to his father's +position of head of his kindred at the altars of their +ancestors. But in Greece at any rate his authority +over his brothers when once a division had taken +place seems to have been slight if it existed at all. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The prerogative of the eldest brother,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Amongst the Gods, the three brothers Zeus, +Poseidon, and Hades, sons of Rhea, shared their +inheritance from their father Kronos. They divided +everything in three, shaking lots thereover (παλλομένων). +Each took equal share of honour (ἔμμορε τιμῆς), +but earth and Olympos were common (ξυνή) to +all.<a id="noteref_209" name="noteref_209" href="#note_209"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">209</span></span></a> +But Zeus was the first-born and <span class="tei tei-q">“knew more things”</span>—Ἀλλὰ +Ζεὺς πρότερος γεγόνει καὶ πμείονα ᾒδη<a id="noteref_210" name="noteref_210" href="#note_210"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">210</span></span></a>—and +Poseidon therefore avoided open strife with him, however +<span class="tei tei-pb" id="page091">[pg 091]</span><a name="Pg091" id="Pg091" class="tei tei-anchor"></a> +unwillingly. Though Zeus be the stronger, +grumbles the Sea-god, let him keep to his third share +and not interfere with his brothers' pleasure on their +common ground, the earth. Let him threaten his sons +and daughters who needs <em class="tei tei-emph"><span style="font-style: italic">must</span></em> listen to him (ἀκούσονται +καὶ ἀνάγκῃ). Yet because the Erinnyes ever take the +side of the eldest born—ὡς πρεσβυτέροισιν Ἐριννύες +αἰὲν ἕπονται—it were good counsel to knock under, +even though the division was made in perfect equality +(ἰσόμορον καὶ ὁμῇ πεπρωμένον αἴσῃ).<a id="noteref_211" name="noteref_211" href="#note_211"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">211</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">contrasted with the power of the head of the household.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +This passage contrasts the recognised autocracy of +the head of the family over his own household with +the courteous deference of the younger brothers +towards the eldest; and it is evidence, so far as it +goes, that the eldest brother did not succeed to his +father's power over his grown-up brothers, but owed +what influence he did not obtain from the superior +advantages of his age and experience, to a superstitious +feeling that something was due to him in his position +of head of the eldest branch of the family. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the <span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span>,<a id="noteref_212" name="noteref_212" href="#note_212"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">212</span></span></a> Zeus gives Poseidon the title of +<span class="tei tei-q">“eldest and best”</span>—πρεσβύτατον καὶ ἄριστον—and elsewhere +Hera lays claim to the same birthright.<a id="noteref_213" name="noteref_213" href="#note_213"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">213</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The power of the head of a household must have +been something much more real. Telemachos declares +that he is willing that some other <span class="tei tei-hi"><span style="font-style: italic">basileus</span></span> in Ithaka +<span class="tei tei-pb" id="page092">[pg 092]</span><a name="Pg092" id="Pg092" class="tei tei-anchor"></a> +should take the kingship, but he will be master over +his own house—ἄναξ οὄκοιο ἡμετέροιο—<span class="tei tei-q">“and over the +slaves that the divine Odysseus won for +me.”</span><a id="noteref_214" name="noteref_214" href="#note_214"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">214</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the Homeric Hymn to <span class="tei tei-hi"><span style="font-style: italic">Hestia</span></span>, that deity +receives the title of honour of firstborn: the poet, by +a fanciful blending of ideas, implying that the honour +paid to the sacred hearth by the eldest of the family, +fell to her share as the eldest born of the children of +Kronos.<a id="noteref_215" name="noteref_215" href="#note_215"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">215</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Aristotle says that every household is ruled +(βασιλεύεται) by its oldest member,<a id="noteref_216" name="noteref_216" href="#note_216"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">216</span></span></a> and gives this prerogative +of the household-<span class="tei tei-hi"><span style="font-style: italic">basileus</span></span> as the type and +origin of the kingship in the village and the State. +Reference has already been made, in the section on +the limitations of the ἀγχιστεία, to the passage in the +Gortyn law, viz.— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The father shall have power over the children and the +property to divide it amongst them.... As long as they (the +parents) are alive there is no necessity for +division.</span><span style="font-size: 90%">”</span></span><a id="noteref_217" name="noteref_217" href="#note_217"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">217</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">No joint holding between a father and his sons.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +But it must be borne in mind that though the +κλῆρος was set apart in theory for the use and +sustenance of a head of a family with all his descendants, +and was supposed to be inalienable therefrom, +there is no reason to suppose that there existed among +<span class="tei tei-pb" id="page093">[pg 093]</span><a name="Pg093" id="Pg093" class="tei tei-anchor"></a> +the Greeks a system of joint holding between father +and son. The ownership and management of the +property vested in the head of the family. It is true +that brothers did not always divide their inheritance +on the death of their father, but their undivided right +to their respective equal shares remained to each one +and his descendants as an individual property, and they +always seem to have had the expectation of an +ultimate subdivision amongst the separate οἶκοι that +had sprung into being.<a id="noteref_218" name="noteref_218" href="#note_218"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">218</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Confirmatory evidence of the Gortyn Laws.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The Gortyn Laws throw some light on the subject. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As long as the father is alive, no man shall buy or +receive in pledge from the son any of the father's +property. But what the son himself has earned, or +inherited, he may sell if he like. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So too the father may not dispose of the goods of +the children which they have earned or inherited. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Yet may a son's prospective share in his paternal +inheritance be sold to pay any legal fine he has +incurred.<a id="noteref_219" name="noteref_219" href="#note_219"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">219</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">But the land was in theory inalienable from the family.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There is no joint holding here between father and +son. The father is in undisputed possession, and +nothing the son can do by private contract can affect +his father's occupation. But if the son had a right +of maintenance from his father during the lifetime of +both, his expectation of succession to an equal share +with his brothers would give him, so to speak, a value +<span class="tei tei-pb" id="page094">[pg 094]</span><a name="Pg094" id="Pg094" class="tei tei-anchor"></a> +in the public eye. In the event of his incurring a +blood-fine, his father would presumably be obliged to +pay it out of the patrimony; and when exaction of +such penalties passed into the hands of a court, exception +would hardly be made for long on behalf of +the fine for murder over penalties for other crimes +coming before the court. Although therefore for all +ordinary purposes a son had no claim on the paternal +estate beyond his maintenance, his right of succession +might easily grow up in the eye of the law as an +available asset capable of forfeiture with the theoretical +assumption that the scapegrace was unfit to hold +his position in the family.<a id="noteref_220" name="noteref_220" href="#note_220"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">220</span></span></a> His future portion, thus +becoming deprived of a representative, might be wholly +or in part confiscated to the State. There are many +inscriptions confiscating to the State the goods of +criminals who transgressed the laws therein; but Plato +evidently contemplated the possibility of wiping out +the individual without depriving his descendants of +their inheritance.<a id="noteref_221" name="noteref_221" href="#note_221"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">221</span></span></a> +In such a case as wife-murder, he +says, the husband's right of maintenance is extinguished +from amongst his family, he should be banished +and his name wiped out for ever, whilst his sons or +relations enter upon the inheritance of his property +<em class="tei tei-emph"><span style="font-style: italic">immediately</span></em>. No distinction is made by Plato, or in +the Gortyn Laws in such a case between chattels +and land. But inasmuch as all fines would be levied +<span class="tei tei-pb" id="page095">[pg 095]</span><a name="Pg095" id="Pg095" class="tei tei-anchor"></a> +in the first instance upon the property of the guilty +individual, it may be assumed that his own earnings +went first, and that only in extreme cases would the +ancestral land of the family be sold. Even then, in +Israelite law, it was expected that the land would be +<em class="tei tei-emph"><span style="font-style: italic">redeemed</span></em> by the nearest relative,<a id="noteref_222" name="noteref_222" href="#note_222"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">222</span></span></a> so that the result +would be that the land would go out of the family +only when no relative could be found rich enough to +pay the fine out of his chattels. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Close analogy in the custom of Gavelkind in Kent.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It is interesting to find analogous provisions in +the customs of Gavelkind of ancient Kent. Under +the system of Gavelkind equal division of property +amongst sons obstinately held its own against the +incursions of the right of primogeniture; and the +connection of the family with their land seems to +have been regarded as especially privileged in spite +of the growth of Feudalism. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If any tenant in Gauelkinde be attainted of felonie, for which +he suffereth execution of death, the king shall have all his </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">goods</span></em><span style="font-size: 90%">, +and his heire forthwith after his death shall be inheritable to all +his </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">landes</span></em><span style="font-size: 90%"> and tenements which he held in Gauelkinde in fee, and +in inheritance: and he shall hold them by the same services and +customes as his auncestors held them: whereupon, it is said in +Kentish:</span></span> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“The father to the boughe,</span></div> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-q" style="text-align: left">“And the sonne to the ploughe.”</span><a id="noteref_223" name="noteref_223" href="#note_223"><span class="tei tei-noteref" style="text-align: left"><span style="font-size: 60%; vertical-align: super">223</span></span></a></div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Allotment or </span><span class="tei tei-q"><span style="font-size: 80%">“</span><span style="font-size: 80%">gift</span><span style="font-size: 80%">”</span></span><span style="font-size: 80%"> to a bastard son.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It had become customary to allot to a bastard son +who was prevented by his birth from ranking with +his brothers, and who had no place in the kindred, +some smaller substance as a means of subsistence. +</p> + +<span class="tei tei-pb" id="page096">[pg 096]</span><a name="Pg096" id="Pg096" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">But he was not admitted to his father's family.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Odysseus pretends he was in this position, and +relates how his proud brothers allotted him but a +small <em class="tei tei-emph"><span style="font-style: italic">gift</span></em> (παῦρα δόσαν) and a house as his +portion.<a id="noteref_224" name="noteref_224" href="#note_224"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">224</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Isaeus mentions that, only on the acquiescence +of the true son, was admission granted to a +bastard into the phratria. Even then he was not +apparently taken into his father's family, but allotted +a farm (χωρίον ἕν) by his brother and, as it were, +launched into the world to start a family of his own, +without any further claim upon the property of his +father.<a id="noteref_225" name="noteref_225" href="#note_225"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">225</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +His introduction and admission to a phratria and +deme, as a descendant of an old family, so far removed +the stigma of his birth as to give him the title +of citizen, and thus afforded him the qualification for +holding land. Yet the knowledge of his real parentage +bereft him of the right of sharing equally with the +rest of his father's sons, and compelled him to be +satisfied with the bare means of subsistence wherewith +to found and continue a house of his own.<a id="noteref_226" name="noteref_226" href="#note_226"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">226</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Gifts of land to new citizens.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +When citizenship was conferred upon a beneficent +stranger, it was the custom at the same time to +assign him and his descendants a house and some +land. We hear of grants on such occasions consisting +of a κλῆρος in the plain, a house, and a garden free +of taxes; a <em class="tei tei-emph"><span style="font-style: italic">half</span></em>-κλῆρος in the plain, a house and a +garden of half the area of the preceding grant, &c. In +the fourth century <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span> a similar grant takes the form +<span class="tei tei-pb" id="page097">[pg 097]</span><a name="Pg097" id="Pg097" class="tei tei-anchor"></a> +of so many plethra as a patrimony or ever. Sometimes, +as at Sparta in the second century <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>, the +estate was allotted to the newly-made citizen only on +condition of residence within the borders of the +State.<a id="noteref_227" name="noteref_227" href="#note_227"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">227</span></span></a> +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc23" id="toc23"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 3. The Householder In India: The Guest.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Dependence of sons during their father's life.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Sir Henry S. Maine in his <span class="tei tei-hi"><span style="font-style: italic">Early Law and +Custom</span></span><a id="noteref_228" name="noteref_228" href="#note_228"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">228</span></span></a> +quotes Narada in illustration of the composition +of the early Indian family. A son <span class="tei tei-q">“is of age and +independent in case his parents be dead: during +their lifetime he is dependent, even though he be +grown old.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Further information on this subject is afforded by +the Ordinances of Manu, where the position of the +first-born with regard to his younger brothers is +given at some length.<a id="noteref_229" name="noteref_229" href="#note_229"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">229</span></span></a> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">His property divided amongst them at his +death.</span></div></div> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">After both the father and the mother (are dead), the brothers, +having come together, should divide the paternal inheritance: for +while the two (parents) are alive the (sons) have no power (over the +property).</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Now the eldest (or best) alone may take the paternal property +</span><span class="tei tei-pb" id="page098">[pg 098]</span><a name="Pg098" id="Pg098" class="tei tei-anchor"></a><span style="font-size: 90%"> +without leaving anything, and the remaining (brothers) may live +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">supported by him</span></em><span style="font-size: 90%"> just as (if he were their) +father.</span><span style="font-size: 90%">”</span></span><a id="noteref_230" name="noteref_230" href="#note_230"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">230</span></span></a> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">But special respect shown to the eldest son.</span></div></div> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">By means of the eldest (son) as soon as he is born a man +becomes possessed of a son, and is thus cleared of his debts +towards the manes; therefore this (eldest son) deserves the whole +(inheritance).</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Likewise: <span class="tei tei-q">“If among brothers born of one father, +one should have a son, Manu said <em class="tei tei-emph"><span style="font-style: italic">all those brothers</span></em> +would be possessed of sons by means of that son.”</span><a id="noteref_231" name="noteref_231" href="#note_231"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">231</span></span></a> +But this seems to apply only to the son born to the +eldest, for if a younger brother married before the +eldest and performed the daily sacrifices, he sent +himself, his brother, and his wife <span class="tei tei-q">“to Hell.”</span><a id="noteref_232" name="noteref_232" href="#note_232"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">232</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The eldest, if he performs his duty, <span class="tei tei-q">“causes the +family to flourish”</span> and <span class="tei tei-q">“is most honoured among +men.”</span> He alone is <span class="tei tei-q">“duty-born,”</span> through him his +father <span class="tei tei-q">“pays his debt”</span>; other sons are only <span class="tei tei-q">“born of +desire.”</span> As long as his conduct is befitting, he must be +honoured <span class="tei tei-q">“like a father, like a mother,”</span> but if not, he +only receives the respect of an ordinary relative.<a id="noteref_233" name="noteref_233" href="#note_233"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">233</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The brothers may live together in this way,<a id="noteref_234" name="noteref_234" href="#note_234"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">234</span></span></a> but +if they divide and live apart, the separate ceremonies +necessitated by their separate households will +multiply the performance of religious duties, to the +advantage of all. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The duties of the householder.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The title of <em class="tei tei-emph"><span style="font-style: italic">Householder</span></em>, moreover, was more +than a name. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">As all beings depend on air, so all orders depend on the householder.</span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Because men of the three (other) orders are daily supported +by the householder alone with knowledge and with food, therefore +</span><span class="tei tei-pb" id="page099">[pg 099]</span><a name="Pg099" id="Pg099" class="tei tei-anchor"></a><span style="font-size: 90%"> +the householder (is) the chief order. That order must be upheld +strenuously by one desiring an imperishable heaven, and who here +desires perpetual happiness....</span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The seers, manes, gods, beings, and guests also make entreaty +to those heads of families for support. (This duty must, therefore,) +be done by a man of discernment.</span><span style="font-size: 90%">”</span></span><a id="noteref_235" name="noteref_235" href="#note_235"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">235</span></span></a> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">As all rivers, ... go to (their) resting-place in the ocean, so +men of all orders depend on the householder.</span><span style="font-size: 90%">”</span></span><a id="noteref_236" name="noteref_236" href="#note_236"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">236</span></span></a> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Let a householder perform the household rites +according to rule with the marriage fire and the +accomplishment of the five sacrifices and the daily +cooking. The sacrifices are:— +</span></div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +Teaching the Veda is the Veda sacrifice:</span><br /><span style="font-size: 90%"> +Offering cakes and water is the sacrifice to the manes:</span><br /><span style="font-size: 90%"> +An offering to fire (is the sacrifice) to the gods:</span><br /><span style="font-size: 90%"> +Offering of food (is the sacrifice) to all beings:</span><br /><span style="font-size: 90%"> +Honour to guests is the sacrifice to men. +</span></div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Whoever presents not food to those five, the gods, guests, +dependents, the manes, and himself, though he breathe, lives +not.</span><span style="font-size: 90%">”</span></span><a id="noteref_237" name="noteref_237" href="#note_237"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">237</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Honour paid to the guest.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The guest takes a very high place, and his presence +is a revered addition to the family sacrifices; so much +so that it was thought necessary to state definitely +that <span class="tei tei-q">“if the guest appears after the offering to all the +gods is finished, one should give him food as best one +can, but should not make (another) offering.”</span><a id="noteref_238" name="noteref_238" href="#note_238"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">238</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The same virtue seems to have been considered +by the Greeks also to lie in the presence of the guest. +In Euripides' Elektra, Aigisthos, hearing from Orestes +that he and his friend are strangers, promptly invites +them to share as his ξυνέστιοι in his impending sacrifice +of a bull to the nymphs, promising to send them +on their way in the morning.<a id="noteref_239" name="noteref_239" href="#note_239"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">239</span></span></a> +</p> + +<span class="tei tei-pb" id="page100">[pg 100]</span><a name="Pg100" id="Pg100" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Earlier in the play during the plotting of Aigisthos' +death, it is taken for granted that directly he +sees them he will call them thus to join him at the +sacrifice and the feast.<a id="noteref_240" name="noteref_240" href="#note_240"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">240</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Alkinoos expresses the feeling of the Homeric age +when he says: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">In a brother's place stand the stranger and the suppliant, to +him whose wits have even a little +range.</span><span style="font-size: 90%">”</span></span><a id="noteref_241" name="noteref_241" href="#note_241"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">241</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Nestor at Pylos, making sacrifice to Poseidon with +his sons and company, welcomes the unknown Telemachos +and Mentor to the sacrificial feast.<a id="noteref_242" name="noteref_242" href="#note_242"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">242</span></span></a> When +the duty of feeding the guests has been satisfactorily +accomplished, he then asks them whether they are +merchants or <em class="tei tei-emph"><span style="font-style: italic">pirates</span></em>, that <span class="tei tei-q">“wander over the brine at +hazard of their own lives bringing bale to alien +men!”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It would appear that the virtue lay in the hospitality +of the host and not in the worthiness of the +guest, and that therefore it was worth while to run +the risk of having invited the presence of a polluted +man whose impiety in not refusing to partake would +doubtless fall on his own head. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Right of maintenance of the younger members of the family.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +To return to the organisation of the Indian inheritance:—The +duty of maintenance<a id="noteref_243" name="noteref_243" href="#note_243"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">243</span></span></a> of the younger +members of the family devolves upon the eldest +son at the death of his father. If the brothers are +<span class="tei tei-pb" id="page101">[pg 101]</span><a name="Pg101" id="Pg101" class="tei tei-anchor"></a> +all <span class="tei tei-q">“perfect in their own occupations,”</span> and they come +to an equal division, <span class="tei tei-q">“some trifle should be given to +the elder (brother) to indicate an increased respect +for him.”</span><a id="noteref_244" name="noteref_244" href="#note_244"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">244</span></span></a> +Also if in division there remains over an +odd goat or sheep, or animal, it goes to the eldest +brother. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If any brother has disgraced himself, he does not +deserve a share in the property.<a id="noteref_245" name="noteref_245" href="#note_245"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">245</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sisters' portions are allotted out of all the +brothers' shares equally.<a id="noteref_246" name="noteref_246" href="#note_246"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">246</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Property is divided once only.<a id="noteref_247" name="noteref_247" href="#note_247"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">247</span></span></a> But if <span class="tei tei-q">“on +living together after being separated, they divide (the +inheritance) a second time, in that case the division +should be equal, (as) in that case no right of primogeniture +occurs.”</span><a id="noteref_248" name="noteref_248" href="#note_248"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">248</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The father's wealth acquired during his lifetime is at +his own disposal, and need not be divided amongst his +sons.<a id="noteref_249" name="noteref_249" href="#note_249"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">249</span></span></a> Likewise with any property acquired by the +sons.<a id="noteref_250" name="noteref_250" href="#note_250"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">250</span></span></a> If <span class="tei tei-q">“any one of the brothers, being able (to +support himself) by his own occupation, does not +desire (his share of the) property,”</span> he may be excluded +from the division, but <span class="tei tei-q">“something for his +support”</span> should be given him to discharge his claim +of maintenance from the family at any future time.<a id="noteref_251" name="noteref_251" href="#note_251"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">251</span></span></a> +</p> + +</div> + +<span class="tei tei-pb" id="page102">[pg 102]</span><a name="Pg102" id="Pg102" class="tei tei-anchor"></a> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc24" id="toc24"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 4. Tenure Of Land In Homer: The Κλῆρος And The Τέμενος.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The βασιλεύς and his τέμενος contrasted with the +tribesman and his κλῆρος.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the Homeric poems, written, as they are, from +an aristocratic or heroic point of view, a great gulf +always exists between the royal or princely class and +the ordinary tribesmen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The βασιλεύς—the lion of his people<a id="noteref_252" name="noteref_252" href="#note_252"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">252</span></span></a>—has his +select estate, his τέμενος, with orchards and gardens +of considerable extent; while the swarms of tribesmen +are allotted their κλῆροι in the open field, their +share in the common pasture, and depend on each +other for help in the vintage and harvest. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The possessions of the βασιλεύς.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The possession of large estates and of multitudinous +flocks and herds was one of the privileges of the +chieftain or tribesman of princely rank. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">For surely his livelihood (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">i.e.</span></span><span style="font-size: 90%"> Odysseus') was great past +telling, no lord in the dark mainland had so much, nor any in Ithaka +itself; nay, not twenty men together have wealth so great, and I will +tell thee the sum thereof. Twelve herds of kine upon the mainland, +as many flocks of sheep, as many droves of swine, as many ranging +herds of goats, that his own shepherds and strangers pasture. And +ranging herds of goats, eleven in all, graze here by the extremity +of the island with trusty men to watch +them.</span><span style="font-size: 90%">”</span></span><a id="noteref_253" name="noteref_253" href="#note_253"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">253</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Bellerophon migrated from his own country and +settled under the patronage of the king of +Lykia.<a id="noteref_254" name="noteref_254" href="#note_254"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">254</span></span></a> +He married the king's daughter, and to complete his +qualification and to confirm his princely status as a +βασιλεύς of Lykia, he was allotted by the Lykians an +estate where the plain was fattest on the banks of the +<span class="tei tei-pb" id="page103">[pg 103]</span><a name="Pg103" id="Pg103" class="tei tei-anchor"></a> +river, consisting half of arable, half of vineyard, the +latter presumably on the slopes of the sides of the +valley.<a id="noteref_255" name="noteref_255" href="#note_255"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">255</span></span></a> +Besides these no doubt he had flocks and herds on the +mountains, with steadings and slaves for their protection. +It is improbable that the fattest of the plain +was unoccupied before, and it must therefore be +supposed that the system of agriculture was such as +to admit of such a partition and the consequent readjustment, +or that the dispossessed tribesmen had to +compensate themselves with land out of the common +waste. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In somewhat similar wise Tydeus at Argos wedded +one of the daughters of Adrastos, and dwelt in a +house full of livelihood; and <span class="tei tei-q">“wheatbearing ἄρουραι +enough were his, and many were his orchards of trees +apart, and many sheep were his.”</span><a id="noteref_256" name="noteref_256" href="#note_256"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">256</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the description of the Shield of Achilles in the +<span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> a vivid contrast is drawn between the rich +harvest of the βασιλεύς and the busy toil of the +tribesmen. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Furthermore he set therein a τέμενος deep in corn</span><a id="noteref_257" name="noteref_257" href="#note_257"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">257</span></span></a><span style="font-size: 90%"> where +hinds (ἔριθοι) were reaping with sharp sickles in their hands ... +and among them the βασιλεύς in silence was standing at the swathe +with his staff, rejoicing in his heart.</span><span style="font-size: 90%">”</span></span> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Meanwhile henchmen are preparing apart a great +feast for himself and his friends, and the women are +strewing much white barley to be a supper for the +hinds.<a id="noteref_258" name="noteref_258" href="#note_258"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">258</span></span></a> +</p> + +<span class="tei tei-pb" id="page104">[pg 104]</span><a name="Pg104" id="Pg104" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The κλῆρος of the tribesman probably +in the open fields in the plain.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +But in the great common field all was toil and +action; many ploughers therein drave their yokes to +and fro as they wheeled about.<a id="noteref_259" name="noteref_259" href="#note_259"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">259</span></span></a> The holding of the +common tribesman was not an estate (τέμενος) cut +out of the plain, but an allotment (κλῆρος), probably +of strips as in Palestine to-day, in the open fields that +lay around the town. On the wheatbearing plain +round Troy<a id="noteref_260" name="noteref_260" href="#note_260"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">260</span></span></a> +lay the stones that former men, before +the ten years' war, had used to mark the balk or +boundary of their strips (οὖρον ἀρούρης).<a id="noteref_261" name="noteref_261" href="#note_261"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">261</span></span></a> One of +these Athena uses to hurl against Ares, who, falling +where he stood, covers seven of the <span class="tei tei-hi"><span style="font-style: italic">pelethra</span></span> that +the stones were used to divide. A pinnacle of stones +is the only boundary to be seen to this day between +the strips of cornland in Palestine. Easily dislodged +as these landmarks were, they were specially protected +by a curse against their removal, and were with the +Greeks under the awful shadow of a special deity of +boundaries.<a id="noteref_262" name="noteref_262" href="#note_262"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">262</span></span></a> They seem however to have been liable +to considerable violation. The ass, according to +Homer, being driven along the field-way, if his skin +was thick enough, easily disregarded the expostulations +of his attendants, and made free with the growing +crop.<a id="noteref_263" name="noteref_263" href="#note_263"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">263</span></span></a> +Homer also describes a fight between two men +with measuring rods in the common field,<a id="noteref_264" name="noteref_264" href="#note_264"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">264</span></span></a> and Isaeus<a id="noteref_265" name="noteref_265" href="#note_265"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">265</span></span></a> +relates how an Athenian citizen flogged his brother in +<span class="tei tei-pb" id="page105">[pg 105]</span><a name="Pg105" id="Pg105" class="tei tei-anchor"></a> +a quarrel over their boundary so that he afterwards +died, whilst the neighbours, working on their land +around, were witnesses of what took place. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Land was brought into cultivation, no doubt, as it +was wanted. Achilles contemplates that some of the +rich fields of his friends may be exceedingly remote, so +that it would be a great thing to spare the ploughman a +journey to the nearest blacksmith. And no doubt +the powerful men of the community would, by means +of their slaves or retainers, acquire additional wealth +by reclaiming lands out of the way and therefore +requiring a strong hand to protect them, which were +profitable by reason of their very fatness.<a id="noteref_266" name="noteref_266" href="#note_266"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">266</span></span></a> Such +acquisitions would not be included in the τέμενος of +the prince, the very word τέμενος implying an area of +land cut out of the cultivated land of the community, +generally described as being in the plain (πέδιον). +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The βασιλεύς </span><span class="tei tei-q"><span style="font-size: 80%">“</span><span style="font-size: 80%">honoured like a god with gift +of a τέμενος.</span><span style="font-size: 80%">”</span></span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Such allotments of land seem only to have been +made to princes and gods, but when once allotted, +remained as far as can be seen the property of their +descendants. It was a common fancy of the Homeric +prince that he was worshipped as a god, and they +often mistook each other for some deity. The godlike +Sarpedon asks his cousin Glaukos, wherefore are +they two honoured in Lykia as gods, with flesh and +full cups and a great τέμενος.<a id="noteref_267" name="noteref_267" href="#note_267"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">267</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As the possession of full tribal blood was necessary +for the ownership of a κλῆρος, so princely blood +was the qualification for the enjoyment of a τέμενος. +<span class="tei tei-pb" id="page106">[pg 106]</span><a name="Pg106" id="Pg106" class="tei tei-anchor"></a> +The honoured individual need not be a king or overlord, +but besides his valour he must have in his veins +the all-potent blood royal, without which his privilege +was no greater than that of other rich tribesmen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It was not till the king of Lykia had satisfied +himself that Bellerophon was <span class="tei tei-q">“the brave offspring of +a god,”</span> that he gave him honour, and the Lykians +meted him out a τέμενος.<a id="noteref_268" name="noteref_268" href="#note_268"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">268</span></span></a> +This great τέμενος on +the banks of the Xanthos, half arable and half +vineyard, remained in the possession of his grandchildren, +Sarpedon and Glaukos, apparently still +undivided, though they were not brothers but first +cousins.<a id="noteref_269" name="noteref_269" href="#note_269"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">269</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The king of the Phæakians had his τέμενος and +fruitful orchard near but apart from the fields and +tilled lands of his townsfolk.<a id="noteref_270" name="noteref_270" href="#note_270"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">270</span></span></a> Odysseus it seems had +more than one τέμενος.<a id="noteref_271" name="noteref_271" href="#note_271"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">271</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The τέμενος descended from father to son.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Once in the <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> the epithet πατρώιος is applied +to a chief's τέμενος.<a id="noteref_272" name="noteref_272" href="#note_272"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">272</span></span></a> According to Hesychius, +πατρώιος means <span class="tei tei-q">“handed down to one's father from +his ancestors,”</span><a id="noteref_273" name="noteref_273" href="#note_273"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">273</span></span></a> +and Homer evidently uses the word in +this sense.<a id="noteref_274" name="noteref_274" href="#note_274"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">274</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The kingship itself in Ithaka was considered as +part of Telemachos' patrimony: <span class="tei tei-q">“Never may Kronion +<span class="tei tei-pb" id="page107">[pg 107]</span><a name="Pg107" id="Pg107" class="tei tei-anchor"></a> +make thee king in sea-girt Ithaka, which is πατρώιον +to thee by birth (γενεῇ).”</span><a id="noteref_275" name="noteref_275" href="#note_275"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">275</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But though the τέμενος and the kingship were +both equally πατρώια, they did not together constitute +an indivisible inheritance. Any one of the +blood could enjoy possession of the land, whilst the +over-lordship must necessarily descend in the eldest +or the most able line. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In his answer to the malignant wish quoted above, +Telemachos does not speak as if he contemplated +giving up any tangible property. The bestowal of +the kingship, though due to him by inheritance +(πατρώιον) is in the hands of the gods; he means +to be master (ἄναξ) of whatsoever Odysseus his +father won for him. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Iason's claim upon his great-grandfather's estate.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It is interesting to compare this choice of +Telemachos with the exactly opposite choice made by +Iason, as told by Pindar, when he came back to claim +his inheritance which had been seized in the meantime +by his second cousin, Pelias. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has come home, he tells Pelias, to seek his +father's ancient honour which Zeus had of old +bestowed on his great-grandfather Aiolos and his +sons. It is not for them now, being of the same +stock (ὁμόγονοι), to divide the great honour of their +forefathers with sword and javelin. He will give up +all the sheep and herds of kine, and all the fields of +late robbed from his sires, though they make fat +beyond measure the house of Pelias (τεὸν οἶκον πορσύνοντ᾽ +<span class="tei tei-pb" id="page108">[pg 108]</span><a name="Pg108" id="Pg108" class="tei tei-anchor"></a> +ἄγαν). But the kingly sceptre and throne of his +father must be his without wrath between them. And +Zeus, the ancestral god of them both (Ζεὺς ὁ γενέθλιος +ἀμφοτέροις), is witness to their oath.<a id="noteref_276" name="noteref_276" href="#note_276"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">276</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Rich tribesman might hold several κλῆροι.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Property in land could also be accumulated in the +hands of individuals not necessarily of princely +station. Odysseus tells a tale of how he took a wife +of <span class="tei tei-q">“men with many κλῆροι”</span> (πολυκλήρων ἀνθρώπων) +by reason of his valour.<a id="noteref_277" name="noteref_277" href="#note_277"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">277</span></span></a> +The κλῆρος must therefore +at that time have been at any rate roughly of some +recognised area. Perhaps the tendency, so fatal to +Sparta, for the possession of the original shares or +allotments of many families to accumulate in the +hands of the powerful or rich, had already set in. In +later colonisations and assignments of new land the +κλῆροι were often equally divided,<a id="noteref_278" name="noteref_278" href="#note_278"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">278</span></span></a> and the gift +of citizenship, as has been already mentioned, was +sometimes accompanied by a grant of a <span class="tei tei-hi"><span style="font-style: italic">half-kleros</span></span> +(ἡμικλήριον). Did the κλῆρος then represent in +theory an area of cultivated ground capable of sustaining +a single household? +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc25" id="toc25"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 5. Early Evidence </span><span class="tei tei-hi" style="text-align: left"><span style="font-size: 144%; font-style: italic">continued</span></span><span style="font-size: 144%">: The Κλῆρος +And The Maintenance Of The οἶκος.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The κλῆρος was the holding of the head of an οἶκος.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There are signs in Homer of the existence, +already insisted upon for later times, of the connection +of the ownership of property with the headship +of a household. It follows that if the head of a +<span class="tei tei-pb" id="page109">[pg 109]</span><a name="Pg109" id="Pg109" class="tei tei-anchor"></a> +family was the only owner of land, the desire of +establishing a family and thereby preserving at the +same time the acquired property and the name of the +possessor, made the acquisition of a wife a real +necessity for the owner of land. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Eumaios, the swineherd, says that Odysseus would +have given him a property (κτῆσις), both an οἶκος and +a κλῆρος and a shapely wife.<a id="noteref_279" name="noteref_279" href="#note_279"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">279</span></span></a> +And Odysseus in one +of his many autobiographies speaks of taking a wife +as if it were the necessary sequel to coming into his +inheritance.<a id="noteref_280" name="noteref_280" href="#note_280"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">280</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Even Hesiod, the son of a poor settler, without +much property to keep together, if we can take +Aristotle's reading of the line, gives the necessary +outfit for a peasant farmer in occupation of a small +κλῆρος, as a house, a wife, and a plough-ox.<a id="noteref_281" name="noteref_281" href="#note_281"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">281</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Aristotle quotes this line of Hesiod, in his argument +that the οἶκος was the association formed to supply +the wants of each day,<a id="noteref_282" name="noteref_282" href="#note_282"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">282</span></span></a> +its members being +called by Charondas, he says, ὁμοσίπυοι (sharers in the +mealbin), and by Epimenides the Cretan ὁμόκαποι +(sharers of the same plot of ground).<a id="noteref_283" name="noteref_283" href="#note_283"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">283</span></span></a> And he might +have added that Pindar uses the word ὁμόκλαροι to +mean <span class="tei tei-q">“twins.”</span><a id="noteref_284" name="noteref_284" href="#note_284"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">284</span></span></a> +</p> + +<span class="tei tei-pb" id="page110">[pg 110]</span><a name="Pg110" id="Pg110" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and supplied the maintenance the house.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +A household, according to Aristotle, consisted +thus partly of human beings, partly of +property.<a id="noteref_285" name="noteref_285" href="#note_285"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">285</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So closely is the idea of livelihood bound up +that of the house or οἶκος, that Telemachos can say +without incongruity that his house is being <em class="tei tei-emph"><span style="font-style: italic">eaten</span></em> by +the wooers:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +ἐσθίεταί μοι οἶκος, ὄλωλε δὲ πίονα +ἔργα.</span><a id="noteref_286" name="noteref_286" href="#note_286"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">286</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The sanctity shared by the hearth and its sustenance +may be illustrated by Odysseus' oath, which +occurs three times in the <span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span>: <span class="tei tei-q">“Now be Zeus my +witness before any god, and the hospitable board and +the hearth of blameless Odysseus whereunto I am +come.”</span><a id="noteref_287" name="noteref_287" href="#note_287"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">287</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Force of the bond of food.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +When once the hospitable board had laid its +mysterious spell on the relations of host and guest, +the bond was not easily dissolved. Glaukos and +Diomedes meet <span class="tei tei-q">“in the mid-space of the foes eager +to do battle,”</span> fighting on opposite sides. Nevertheless +because the grandfather of one had entertained the +grandfather of the other for twenty days and they +had parted with gifts of friendship, their grandsons +refrain from battle with each other, pledge their faith, +and exchange armour as a witness to others that they +are guest-friends by inheritance (ὄφρα καὶ οἵδε γνῶσιν, +ὅτι ξεῖνοι πατρώιοι εὐχόμεθ᾽ +εἶναι).<a id="noteref_288" name="noteref_288" href="#note_288"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">288</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If such force lay in the entertainment of a guest +for a few days, some idea can be formed of the virtue +underlying the meaning of such words as ὁμοσίπυοι +<span class="tei tei-pb" id="page111">[pg 111]</span><a name="Pg111" id="Pg111" class="tei tei-anchor"></a> +and ὁμόκαποι, and binding together those habitually +nourished at the same board. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The need of an established household strongly felt.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +If sons married during their father's lifetime +without any particular means of livelihood, they +could live under his roof and authority, forming a +great patriarchal household like that of Priam and +his married sons and daughters at Troy. But when +a household dispersed before the marriage of the sons +and the inheritance was divided amongst them, it was +deemed indispensable for them to take wives, and +each provide for the establishment of his house and +succession. This necessity is the underlying motive +of the compulsion over the only daughter left as +ἐπίκληρος to marry before a certain age, exercised by +the Archon at Athens. There the idea of the need +of a continuous family (as well as for other purposes), +to keep together the property, had grown up apparently +as a reflection, so to speak, of the obvious +importance of the property to the family for the +maintenance of itself and its ancestral rites. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Though evidence is wanting for the <span class="tei tei-hi"><span style="font-style: italic">raison d'être</span></span> +of this sentiment in Homer, the existence of the +feeling can hardly be denied. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The κλῆρος, at any rate, continued to pass from +father to son in the family of the tribesman or citizen. +Hector encourages his soldiers by reminding them +that though they themselves fall in the fight, their +children, their house (οἶκος), and their κλῆρος will be +unharmed, provided only that the enemy are driven +back.<a id="noteref_289" name="noteref_289" href="#note_289"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">289</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The sentiment that a man was not really <span class="tei tei-q">“established,”</span> +<span class="tei tei-pb" id="page112">[pg 112]</span><a name="Pg112" id="Pg112" class="tei tei-anchor"></a> +according to the estimation of the Homeric +Greeks, until the continuity of his house was provided +for, seems to explain the two references to Telemachos +in the <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span>. Odysseus is twice mentioned, as Mr. +Leaf points out in his <span class="tei tei-hi"><span style="font-style: italic">Companion to the +Iliad</span></span>,<a id="noteref_290" name="noteref_290" href="#note_290"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">290</span></span></a> as +the father of Telemachos, simply because it was considered +a title of honour to be named as sire of an +established house. No other mention of Telemachos +occurs in the <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Failure of heirs was, as in later times, the great +disintegrating factor and danger to the continuity of +the family holdings. As long as a direct descendant +was to be found, the property was safe. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Eurykleia comforts Penelope in her fear for the +absent Telemachos, saying:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">For the seed of the son of Arkeisios is not, methinks, utterly +hated by the blessed gods, but someone will haply yet remain to +possess these lofty halls and the </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">fat fields</span></em><span style="font-size: 90%"> far +away.</span><span style="font-size: 90%">”</span></span><a id="noteref_291" name="noteref_291" href="#note_291"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">291</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is it by accident that she here chooses the name +of Arkeisios to describe the head of the family of +Laertes and Odysseus? He was Laertes' father, and +in Telemachos, if he was preserved alive, he would +thus have a <em class="tei tei-emph"><span style="font-style: italic">great-grandson</span></em> to represent his line in +the succession to his property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Diversion of inheritance by death of heir a sore evil.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The diversion of inheritance to any property from +<span class="tei tei-pb" id="page113">[pg 113]</span><a name="Pg113" id="Pg113" class="tei tei-anchor"></a> +the direct line is spoken of in Homer as a lamentable +circumstance greatly intensifying the natural grief at +the death of the direct heir. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Then went he after Nanthos and Thoon, sons of Phainops, +striplings both; but their father was outworn of grievous age, and +begat no other son for his possessions after him. Then Diomedes +slew them and bereft the twain of their dear life, and for their +father left only lamentation and sore distress, seeing he welcomed +them not alive returned from battle: </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">and kinsmen divided his +substance</span></em><span style="font-size: 90%"> (κτῆσις).</span><span style="font-size: 90%">”</span></span><a id="noteref_292" name="noteref_292" href="#note_292"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">292</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the tumultuous times of the <span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span> the right +of succession must often have been interrupted by +war and violence. Possessions, not only of land, had +to be defended by the sword even during the lifetime +of the acquirer. This prompts one of the wishes of +Odysseus in his prayer at the knees of Arete:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And may each one leave to his children after him his possessions +in his halls and whatever dues of honour the people have +rendered unto him.</span><span style="font-size: 90%">”</span></span><a id="noteref_293" name="noteref_293" href="#note_293"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">293</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The same anxiety prompts his question to his +mother in Hades, to which he obtains answer:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The fair honour (γέρας) that is thine no man hath yet taken, +but Telemachos holdeth in safety (thy) demesnes (τεμένεα +νέμεται).</span><span style="font-size: 90%">”</span></span><a id="noteref_294" name="noteref_294" href="#note_294"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">294</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Naboth's vineyard bound to his family and heir.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The belief in the inseparability of the ancestral +holding and the family was strong in Samaria at the +time of Ahab. The King offered Naboth another +vineyard better than his own in exchange for the one +at Jezreel near the palace, or, should he prefer it, its +worth in money. But Naboth said to Ahab, <span class="tei tei-q">“The +Lord forbid it me, that I should give <em class="tei tei-emph"><span style="font-style: italic">the inheritance +of my fathers</span></em> unto thee.”</span><a id="noteref_295" name="noteref_295" href="#note_295"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">295</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Both the Hebrew narrators and the Greek translators +<span class="tei tei-pb" id="page114">[pg 114]</span><a name="Pg114" id="Pg114" class="tei tei-anchor"></a> +describe Ahab finally as taking the vineyard at +Naboth's death <em class="tei tei-emph"><span style="font-style: italic">by inheritance</span></em> (LXX. κληρονομεῖν), in +spite of the violence of the means of acquiring it +adopted by Jezebel. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The limited right of the prince to alienate from +his family any part of his possessions is thus alluded +to by Ezekiel:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Thus saith the Lord God; If the prince give a gift unto any of +his sons, the inheritance thereof shall be his sons'; it shall be their +possession by inheritance. But if he give a gift of his inheritance +to one of his servants, then it shall be his to the year of liberty: +after it shall return to the prince: but his inheritance shall be his +sons' for them.</span><span style="font-size: 90%">”</span></span><a id="noteref_296" name="noteref_296" href="#note_296"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">296</span></span></a> +</div> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc26" id="toc26"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 6. Early Evidence </span><span class="tei tei-hi" style="text-align: left"><span style="font-size: 144%; font-style: italic">continued</span></span><span style="font-size: 144%">: The Τέμενος +And The Maintenance Of The Chieftain.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The maintenance of the chiefs levied upon the people +under the name of gifts.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It must be borne in mind that the tribal idea of +the chieftainship sanctioned the custom that the +maintenance of the chieftain and his companions or +retainers should be levied at will upon the property +of the people. This privilege is very wide spread, +and had its origin in the earliest times. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The levies were claimed under the name of <em class="tei tei-emph"><span style="font-style: italic">gifts</span></em>, +and earned for the princes the title of δωροφάγοι. +As Telemachos declares, <span class="tei tei-q">“it is no bad thing to be a +βασιλεύς, and quickly does his house become rich and +he himself most honoured.”</span><a id="noteref_297" name="noteref_297" href="#note_297"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">297</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The royal family and nobles<a id="noteref_298" name="noteref_298" href="#note_298"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">298</span></span></a> levied contributions +on their own or conquered peoples apparently at will +<span class="tei tei-pb" id="page115">[pg 115]</span><a name="Pg115" id="Pg115" class="tei tei-anchor"></a> +in Homer. Agamemnon calls together the Greek +chiefs:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Ye leaders and counsellors of the Argives ... who drink +at the public cost (δήμια πίνουσιν) and each command an host +(σημαίνουσιν ἕκαστος λαοῖς).</span><span style="font-size: 90%">”</span></span><a id="noteref_299" name="noteref_299" href="#note_299"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">299</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Priam chides his sons:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Ye plunderers of your own people's sheep and kids (ἀρνῶν +ἠδ᾽ ἐρίφων ἐπιδήμιοι +ἁρπακτῆρες).</span><span style="font-size: 90%">”</span></span><a id="noteref_300" name="noteref_300" href="#note_300"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">300</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Telemachos declares that if the wooers eat up all +his sheep and substance, he will go through the city +(κατὰ ἅστυ) claiming chattels until all be +restored.<a id="noteref_301" name="noteref_301" href="#note_301"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">301</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Alkinoos proposes to give gifts to Odysseus, and +they themselves going amongst the people (ἀγειρόμενοι +κατὰ δῆμον) will recompense themselves: <span class="tei tei-q">“for +hard it were for one man to give without +return.”</span><a id="noteref_302" name="noteref_302" href="#note_302"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">302</span></span></a> +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Then I led him to the house,</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%"> says Odysseus, </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">and gave him +good entertainment ... out of the plenty in my house, and for the +rest of his company ... I gathered and gave barley meal and dark +wine from the people (δημόθεν) and oxen to sacrifice to his heart's +desire.</span><span style="font-size: 90%">”</span></span><a id="noteref_303" name="noteref_303" href="#note_303"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">303</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The right to receive such </span><span class="tei tei-q"><span style="font-size: 80%">“</span><span style="font-size: 80%">gifts</span><span style="font-size: 80%">”</span></span><span style="font-size: 80%"> +could be transferred to another.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +These passages throw light on Agamemnon's +offer to Achilles of seven well-peopled towns, whose +inhabitants would enrich him with plenteous +gifts.<a id="noteref_304" name="noteref_304" href="#note_304"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">304</span></span></a> +The proposal of Menelaos to empty a city <em class="tei tei-emph"><span style="font-style: italic">of Argos,</span></em> +to accommodate Odysseus and his people, seems to +be of quite a different order, and betrays to us that +the tyranny of the tribal chieftain, so conspicuous +in other nations, was no less a reality also amongst the +Greeks under Achaian rule.<a id="noteref_305" name="noteref_305" href="#note_305"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">305</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">In India the chief of a town might receive the +king's supplies.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the Indian society that was regulated in +<span class="tei tei-pb" id="page116">[pg 116]</span><a name="Pg116" id="Pg116" class="tei tei-anchor"></a> +accordance with the <span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span>, the king +appointed a chief of a town whose duty it was to +report to the higher officials on any <span class="tei tei-q">“evil arising in +the town.”</span> He likewise represented the king, and +had the king's right to receive supplies from those +under his oversight. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">What food, drink, (and) fuel are to be </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">daily</span></em><span style="font-size: 90%"> given by the +inhabitants of a town to the king let the head of a town +take,</span><span style="font-size: 90%">”</span></span><a id="noteref_306" name="noteref_306" href="#note_306"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">306</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +the line always being drawn between legitimate +demands and tyrannical extortion. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">For those servants appointed by the king for protection (are) +mostly takers of the property of others (and) cheats; from them he +(</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">i.e.</span></span><span style="font-size: 90%"> the king) should protect these +people.</span><span style="font-size: 90%">”</span></span><a id="noteref_307" name="noteref_307" href="#note_307"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">307</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The maintenance of the Great King,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Under the rule of the Persians, all Asia was +parcelled out in such a way as to supply maintenance +(τροφή) for the Great King and his host throughout +the whole year.<a id="noteref_308" name="noteref_308" href="#note_308"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">308</span></span></a> +The satrap of Assyria kept at one +time so great a number of Indian hounds, that four +large villages of the plain were exempted from all +other charges on condition of finding them +food.<a id="noteref_309" name="noteref_309" href="#note_309"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">309</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and of Solomon.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Solomon's table was provided after the same +method. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">And Solomon had twelve officers over all Israel which provided +victuals for the king and his household; each man his month +in a year made provision.... And Solomon's provision for one +day was thirty measures of fine flour and threescore measures of +meal, ten fat oxen and twenty oxen out of the pastures and an +hundred sheep, beside harts, and roebucks, and fallowdeer, and +fatted fowl.... And Solomon reigned over all kingdoms from the +river unto the land of the Philistines, and unto the border of +Egypt; they brought presents, and served Solomon all the days of +his life.... And those officers provided victual for king Solomon, +and for all that came unto king Solomon's table, every man according +to his charge.</span><span style="font-size: 90%">”</span></span><a id="noteref_310" name="noteref_310" href="#note_310"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">310</span></span></a> +</div> + +<span class="tei tei-pb" id="page117">[pg 117]</span><a name="Pg117" id="Pg117" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Revenue from land in ancient Egypt.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Sesostris is said to have obtained his revenue +from the holders of κλῆροι in Egypt in proportion to +the amount of land in each man's occupation;<a id="noteref_311" name="noteref_311" href="#note_311"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">311</span></span></a> and +Pharaoh, having bought all the land at the time +of the famine in Egypt except that which supported +the priests, took one-fifth of all the produce, leaving +the remainder <span class="tei tei-q">“for seed of the field,”</span> and for the food +of the cultivators, and their households and little +ones. <span class="tei tei-q">“And Joseph made it a law over the land of +Egypt unto this day, that Pharaoh should have the +fifth part, except the land of the priests only, which +became not Pharaoh's.”</span><a id="noteref_312" name="noteref_312" href="#note_312"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">312</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In this case Pharaoh became proprietor by purchase +of the land in Egypt. But it must not be +supposed that by exacting a payment from the +occupier, the overlord as a rule had any power over +the ownership of the soil. He no doubt had proprietary +rights over his own estate, and may or may +not have had power to regulate any further distribution +of the waste. But the right of receiving +dues, or of appointing another to receive them, +gave him no power over the actual tillage of the +soil. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Grants of land to the prince easily made, in their +elastic system of agriculture.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The maintenance of the prince was a first charge +apparently upon the property of his subjects; and +it is easy to see how the lion's share would always +be allotted to him, alike of booty as of acquired +territory. As long as the community was pastoral, +it is also easy to imagine how the chief both increased +his own wealth and admitted favoured companions or +resident strangers to a share in the elastic area of +<span class="tei tei-pb" id="page118">[pg 118]</span><a name="Pg118" id="Pg118" class="tei tei-anchor"></a> +the common pasturage. After agriculture had +assumed equal importance in the economy of the +tribe as the tending of flocks and herds, one is apt +to forget that for centuries—perhaps for thousands +of years—the system of agriculture that grew up, +still possessed much of the elasticity of the old +pastoral methods. Under the open field system, +such a custom as that described by Tacitus and in +the Welsh Laws, viz. of ploughing up out of the +pasture or waste sufficient to admit of each tribesman +having his due allotment, and letting it lie waste +again the next year, admitted of considerable readjustment +to meet the exigencies of declining population, +as well as providing an easy means whereby +any stranger prince, like Bellerophon, who might be +admitted to the tribe, could be allotted either a +τέμενος apart, or a κλῆρος in the open plain. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Pindar describes this method of cultivation when +he says:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Fruitful fields in turn now yield to man his yearly bread +upon the plains, and now again they pause and gather back their +strength.</span><span style="font-size: 90%">”</span></span><a id="noteref_313" name="noteref_313" href="#note_313"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">313</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Such grants were a special honour, and served +to relieve other contributions.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It is noticeable that the Aetolians offered +Meleagros a τέμενος in the fattest part of the plain, +wherever he might choose, as a <em class="tei tei-emph"><span style="font-style: italic">gift</span></em> (δῶρον); and as +the τέμενος would certainly be cultivated by slave or +hired labour, what they really gave him was the +right of receiving the produce from the 50 <span class="tei tei-hi"><span style="font-style: italic">guai</span></span> +composing the τέμενος. But this gift was meant as a +special honour or bribe, and took a special form in +being in land as a means of permanent enrichment. +</p> + +<span class="tei tei-pb" id="page119">[pg 119]</span><a name="Pg119" id="Pg119" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In similar wise Ezekiel suggested the capitalisation, +as it were, by a gift of land of the contributions +to the princes, which no doubt were felt to be very +irksome. In the division of the land, a portion was +to be set aside first for the use of the temple and +priests, then a portion for the prince. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">In the land shall be his possession in Israel, and my princes +shall no more oppress my people; and the rest of the land shall +they give to the house of Israel according to their tribes. Thus +saith the Lord God, Let it suffice you, O princes of Israel; remove +violence and spoil and execute judgment and justice, and take +away your exactions from my people, saith the Lord God.</span><span style="font-size: 90%">”</span></span><a id="noteref_314" name="noteref_314" href="#note_314"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">314</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And again:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Moreover the prince shall not take of the people's inheritance +by oppression, to thrust them out of their possession; but he +shall give his sons inheritance out of his own possession; that my +people be not scattered every man from his possession.</span><span style="font-size: 90%">”</span></span><a id="noteref_315" name="noteref_315" href="#note_315"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">315</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But there can be no doubt, that although the +prince may have had no power to dislodge any of the +free tribesmen of his own people from their holdings, +yet no one could gainsay him if he chose to enrich +himself by planting or reclaiming any part of his +domains, as Laertes is represented as having +done.<a id="noteref_316" name="noteref_316" href="#note_316"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">316</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Modern specimens of the elasticity of Greek methods.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The modern usage in Boeotia and in the island of +Euboea may very well represent the procedure of +ancient times, and if it can be imagined that some +method of the same sort was in vogue in Boeotia in +the time of Hesiod, it will be understood how possible +it was for Hesiod's father to settle at Askra and +gradually to acquire possession of a house and κλῆρος. +</p> + +<span class="tei tei-pb" id="page120">[pg 120]</span><a name="Pg120" id="Pg120" class="tei tei-anchor"></a> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">There is some cultivation from Plataea to Thebes, but strangely +alternating with wilderness. We were told that the people have +plenty of spare land, and not caring to labour for its artificial +improvement, till a piece of ground once, and then let it lie fallow +for a season or two. The natural richness of the Boeotian soil thus +supplies them with ample crops. But it is strange to think how +impossible it is, even in these rich and favoured plains, to induce +a fuller population.</span><span style="font-size: 90%">”</span></span><a id="noteref_317" name="noteref_317" href="#note_317"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">317</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +At Achmetaga, in Euboea, +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The folk pay for their houses a nominal rental of a bushel of +wheat per annum, in order to secure the owner's proprietary claim, +which would otherwise pass to the occupier by squatter's right +after thirty years of unmolested occupation. They are at liberty +to cultivate pretty well as much land as they care to, paying to the +landlord one-third in kind.... The produce here is almost +exclusively wheat or maize, but every family maintains a plot of +vineyard for home consumption.</span><span style="font-size: 90%">”</span></span><a id="noteref_318" name="noteref_318" href="#note_318"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">318</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The gifts to the prince not actually food-rents +for the land.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Whether the free tribesman ever looked upon the +contribution he made to the maintenance of the +princes, under whose protection he had the privilege +of living, as a condition of tenure of his land, is open +to doubt; but from the right to demand indiscriminate +gifts, to confiscate or eject in case of refusal, it is +only one step to the exaction of a regular food-rent as +a return for the occupation of land. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc27" id="toc27"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 7. Summary Of The Early Evidence.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It may be useful here briefly to summarise the +results of the inquiry of the last three sections into +the relation of the ownership of land to the structure +of society in Homer and in early times. +</p> + +<span class="tei tei-pb" id="page121">[pg 121]</span><a name="Pg121" id="Pg121" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The chief's land apart from the tribesmen's.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +the princes had their compact estates divided off +from the other land of the community, so that a +passer-by could point and say, <span class="tei tei-q">“There is the king's +τέμενος.”</span><a id="noteref_319" name="noteref_319" href="#note_319"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">319</span></span></a> +The ordinary tribesman on the other hand +had a share in the common fields under cultivation, +probably consisting of a number of scattered pieces of +land lying mixed up with those of others, and therefore +only referred to on the face of the land, under +the comprehensive terms ἀγροὶ καὶ ἔργα +ἀνθρώπων.<a id="noteref_320" name="noteref_320" href="#note_320"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">320</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This share of the tribesman was, as in later times, +called a κλῆρος, it being possible for a man to enjoy +several such holdings and deserve the epithet +πολύκληρος, whilst the lowest class of freemen consisted +of those who possessed no land, under the +ignominious title of ἄκληρος. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The land sustained the householder in his duties to other +members and guests.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The κλῆρος, descending from father to son, was +apparently connected with the οἶκος or household, +and supplied its maintenance. The οἶκος grew fat or +was consumed in accordance with the capacity of its +head, and its continuity was regarded as a matter of the +utmost importance. Its members were bound together +at their ancestral hearth by mutual ties of common +maintenance. The sanctity of thus sharing the same +loaf extended also to guests, whose relations to their +hosts might last for several generations. It is the +necessity of supplying the οἶκος and its dependents +with the means of sustenance and hospitality among +a pastoral people gradually adapting themselves to +agriculture, that regulates the tenure of land and the +duties of the householder. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The chief had the right to demand gifts from the people;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The power of the chieftain to draw upon the resources +<span class="tei tei-pb" id="page122">[pg 122]</span><a name="Pg122" id="Pg122" class="tei tei-anchor"></a> +of his people for the entertainment of his +household and his guests by exactions payable in kind, +supplemented by the power he also seems to have +possessed to transfer at will the right of receiving +these <span class="tei tei-q">“gifts”</span> to any one he chose, seems to contain +the germs of the more complicated system of food-rents +as a condition of land tenure, which is so important +a feature of the Celtic tribal arrangements. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">he had tribal right to a τέμενος, as the tribesman to +a κλῆρος,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Inasmuch as the prince was a member of the tribe, +he was entitled to an allotment in the land under +cultivation, the very word κλῆρος implying the +equal right of all members of the tribe to a share in +the soil. But inasmuch as the prince possessed +blood royal and claimed his descent from the very +gods that the tribesmen worshipped, his dignity was +above partaking with his tribesmen of a κλῆρος in +the common fields. He was therefore allotted a +τέμενος apart, and worthy of his divine parentage. +Besides the bare single allotment of the τέμενος, land +was set apart for him as a gift of honour by the +people, from whom honour and gifts to their prince +were due. Gifts in land formed a special mark of +honour, and may at the same time have served +another purpose from the giver's point of view by way +of a permanent source of income or endowment, as it +were, whereby the continuous exactions towards the +maintenance of the prince from the lands of the +people might tend to be alleviated. Thus much of +power over the property of his inferiors he undoubtedly +retained, and he probably cultivated what +he liked of the outlying lands under his sway. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">but could not deprive the tribesman of his land.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +But the evidence does not show that he ever had +the right of coming between the οἶκος of his tribesmen +<span class="tei tei-pb" id="page123">[pg 123]</span><a name="Pg123" id="Pg123" class="tei tei-anchor"></a> +and their κλῆρος: the only means at his disposal +of severing the link between the family and the +land, were those employed by Ahab and Jezebel to +acquire the <span class="tei tei-q">“inheritance”</span> of the ancestral vineyard of +Naboth at Jezreel. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc28" id="toc28"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 8. Hesiod And His Κλήρος.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the time of Hesiod, the κλῆρος<a id="noteref_321" name="noteref_321" href="#note_321"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">321</span></span></a> could be sold in +case of need and added to the possession of another. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Hesiod an immigrant: not a typical case of a family.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +But the case of Hesiod is in itself somewhat +exceptional. His father had fled from his own country +by stress of poverty, and settled on the barren +land of Askra in Boeotia, where he was allowed to +acquire some land.<a id="noteref_322" name="noteref_322" href="#note_322"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">322</span></span></a> He was therefore somewhat of a +sojourner (the μετανάστης of Homer),<a id="noteref_323" name="noteref_323" href="#note_323"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">323</span></span></a> and, true to the +Homeric doctrine, was unencumbered by the claims of +kindred. Hesiod contrasts the ready help of the +neighbour with the perfunctory slowness of the +kinsman, duty-bound. The neighbour, he says, is +prompted by the need of mutual protection of +material property, the kinsman stays to bind on his +sandals and gird his loins for the labour he is forbidden +to shirk.<a id="noteref_324" name="noteref_324" href="#note_324"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">324</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hesiod and his brother Perses had divided the +κλῆρος of their father into two, and lived apart. +Perses had squandered his half, and spent his time +<span class="tei tei-pb" id="page124">[pg 124]</span><a name="Pg124" id="Pg124" class="tei tei-anchor"></a> +and his livelihood in the gay life of the town, but +none the less seems to have expected to be allowed to +draw still further on the resources of the paternal +property, to the distress of his industrious brother. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hesiod does not contemplate any possible means +of making a living other than by tilling the soil; +and his quaint ideas may be taken as typical of the +small Boeotian peasant-farmer, allowance being +made for the short time that his family had held land +at Askra. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc29" id="toc29"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 9. Survivals Of Family Land In Later Times.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Land was in theory inalienable from the family.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In later Greek writers it is several times stated that +the κλῆροι or ἀρχαῖαι μοῖραι were inalienable. Yet +all remark to what a deplorable extent the alienation +and accumulation of land into few hands had been +carried. Aristotle comments on the excellence of the +ancient law, at one time prevalent in many cities, +against the sale of the original κλῆροι, and the good +purpose therein of making every one cultivate his own +moderate-sized holding.<a id="noteref_325" name="noteref_325" href="#note_325"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">325</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Innumerable passages could be quoted from the +speeches of Isaeus, referring to the law that forbade +any one to alienate by will his landed estate from his +lawful sons. Plato warns his friends that buying +and selling is desecration to the god-given +κλῆρος.<a id="noteref_326" name="noteref_326" href="#note_326"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">326</span></span></a> +</p> + +<span class="tei tei-pb" id="page125">[pg 125]</span><a name="Pg125" id="Pg125" class="tei tei-anchor"></a> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Now I, as the legislator, regard you and your possessions, not +as belonging to yourselves, but as belonging to your whole family, +both past and present.</span><span style="font-size: 90%">”</span></span><a id="noteref_327" name="noteref_327" href="#note_327"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">327</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Plutarch and Heraclides say that the same law +against the sale of the κλῆρος existed anciently at +Sparta. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">In Sparta child must be accepted by its father's +tribesmen,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Plutarch's evidence, late as it is, of the ancient +customs among the Spartans is worthy of further +consideration. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In his <span class="tei tei-hi"><span style="font-style: italic">Life of Agis</span></span> he states that the κλῆρος +passed in succession from father to son—ἐν διαδοχαῖς +πατρὸς παιδὶ τὸν κλῆρον ἀπολείποντος—until the +Peloponnesian war. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In his <span class="tei tei-hi"><span style="font-style: italic">Life of Lycurgus</span></span> he says that— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">When a child was born, the father was not entitled to maintain +it (τρέφειν), but he took and carried it to a place called +</span><span class="tei tei-q"><span style="font-size: 90%">‘</span><span style="font-size: 90%">lesche,</span><span style="font-size: 90%">’</span></span><span style="font-size: 90%"> where the </span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">elders of his tribesmen</span></em><span style="font-size: 90%"> were sitting, who, if they +found the child pretty well grown and healthy, ordered its maintenance +(τρέφειν), allotting to it one of the 9,000 kleroi (κλήρων +αὐτῷ τῶν ἐνακισχιλίων +προσνείμαντες).</span><span style="font-size: 90%">”</span></span><a id="noteref_328" name="noteref_328" href="#note_328"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">328</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Elsewhere in Greece at the introduction of the +new-born child to the relations and friends a few +days after its birth, symbolical gifts of food were +made as the child was carried round the hearth.<a id="noteref_329" name="noteref_329" href="#note_329"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">329</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">who decided as to its maintenance.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The important part of this ceremony at Sparta, +described by Plutarch, seems to be the introduction +of the infant to the elders of the tribe, and the recognition +by them of its right to maintenance, if it +<span class="tei tei-pb" id="page126">[pg 126]</span><a name="Pg126" id="Pg126" class="tei tei-anchor"></a> +appeared to them physically worthy of admission +to the tribe. It cannot be supposed that Plutarch +believed that vacant κλῆροι escheated, so to speak, +to the community, because he elsewhere describes +the lamentable tendency of estates to get into few +hands, which the community would in that case +surely have been able somewhat to prevent. Nor is +it likely that a κλῆρος was actually set apart for the +maintenance of each infant, who was apparently still +nourished in its father's house until seven years old, +when its education and occupations were regulated by +the State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Reading this passage with the other in the <span class="tei tei-hi"><span style="font-style: italic">Life +of Agis</span></span>, a natural inference is, that the child's right +to succeed to the property of his father only was +thereby assured to him by the elders, <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> the right +on his attaining manhood to enjoy the possession +of land. This is the view taken by M. de +Coulanges;<a id="noteref_330" name="noteref_330" href="#note_330"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">330</span></span></a> but surely there is more underlying the account of +the ceremony. What actually took place with regard +to the allotment of a κλῆρος to the infant member of +the tribe, cannot be decided here. The State at +Sparta undertook to educate all her sons after a certain +age, and gave the parent no further rights over +the child. Is there in this ceremony a transfer of +the claim for maintenance from against the head of +the household to the larger unit represented by the +elders of the tribe, irrespective of the inheritance +of the son from his father? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It would be necessary for the adult Spartan citizen, +of the class of ὁμοιοι at any rate, to have a right to the +<span class="tei tei-pb" id="page127">[pg 127]</span><a name="Pg127" id="Pg127" class="tei tei-anchor"></a> +produce of some land, as otherwise it is difficult to +see how he could contribute the necessary provisions +that formed his share of maintenance at the joint +table of his <span class="tei tei-hi"><span style="font-style: italic">syssition</span></span>; unless indeed he drew his +allowance from his father's estate. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Maintenance derived from the κλῆρος.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In any case the idea of the dependence of a +member of the tribe for sustenance upon his right +to a κλῆρος is striking; and at the same time the +evidence goes to show that his maintenance was a +claim upon a group of kinsmen at Sparta, comprising +more than the nearest relations, and was recognised +as such by them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The family bound to their land at Athens;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The link that bound the cultivators to their land +was so strong in early times at Athens, that mortgages +could apparently not be paid off by mere +transfer of the land itself; but the whole family of +the debtor went with their mortgaged property and +became enslaved to the creditor, having in future to +work the land for him at a fixed charge. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This was the state of affairs that Solon set himself +to mend, and it is instructive that the method, he +seems to have chosen, was to loosen the tie between +the owner and his land, and, by facilitating the +transfer of land from one to another, to obviate the +necessity of taking the debtor's person with his +family into slavery on account of the debt.<a id="noteref_331" name="noteref_331" href="#note_331"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">331</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Nevertheless, in spite of the radical legislation of +Solon, the sentiment that bound the family to the +soil remained long after his time. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">and in Lokris.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Besides the prohibition to sell the family land +which Aristotle speaks of as prevailing in Lokris, the +<span class="tei tei-pb" id="page128">[pg 128]</span><a name="Pg128" id="Pg128" class="tei tei-anchor"></a> +Hypoknemidian Lokrians insisted on actual residence +on that land in the case of their colony at Naupaktos. +Though unable apparently wholly to forbid the participation +of the colonists in the ancestral rites of +their kin in Lokris, they took advantage of the prevailing +sentiment with regard to the permanence of +the family, and insisted that the continuance of the +hearth of the colonist at Naupaktos should at any +rate be considered of equal importance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +According to an inscription of the fifth century +<span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">The colonist has the right to return to Lokris and sacrifice +with his γένος both in the rites of his δᾶμος and his φοίνανοι for +ever. He can only return permanently without paying the re-establishment +tax if he has left ἐν τᾷ ἱστίᾳ at Naupaktos a grown-up +son or a brother. If a γένος of the colonists is left without a +representative (ἐχέπαμον) ἐν τᾷ ἱστίᾳ, the nearest of kin (ἐπάγχιστος) +in Lokris shall take the property, provided he go himself, be he +man or boy, within three months to Naupaktos. A colonist can +inherit his share of his Lokrian father's or brother's property....</span><span style="font-size: 90%">”</span></span> +</div> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">If a magistrate deals unfairly and refuses justice, he shall be +ἄτιμος and shall lose his μέρος μετὰ οἰκιατᾶν.</span><span style="font-size: 90%">”</span></span><a id="noteref_332" name="noteref_332" href="#note_332"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">332</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">But heirs at Athens also must first be +accepted by group of kinsmen.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Though the sale of estates could be effected at +Athens in the fourth century <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>, yet, when the +owner died without having sold, the succession +was regulated by the ancient custom. If there were +legitimate children, the inheritance to the land could +not be diverted from them, even by will;<a id="noteref_333" name="noteref_333" href="#note_333"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">333</span></span></a> provided +only that the children had gone through the ceremony +of being accepted and enrolled by the phratria. If +the descendant had neglected this formality, and had +failed to be recognised as a legal member of the kindred +<span class="tei tei-pb" id="page129">[pg 129]</span><a name="Pg129" id="Pg129" class="tei tei-anchor"></a> +or clan, he or she lost all rights to the property, +which went to the devisee or next of kin.<a id="noteref_334" name="noteref_334" href="#note_334"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">334</span></span></a> The right to possess land was thus at Athens, as at Sparta, +intimately connected with the tribal organisation; +and the claim for maintenance from the paternal +estate could only lie, after full acknowledgment of the +necessary qualification had been granted by the larger +unit of relationship. +</p> + +</div> + +<div class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"> +<a name="toc30" id="toc30"></a> +<h2 class="tei tei-head" style="text-align: left; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">§ 10. The Idea Of Family Land Applied Also To +Leasehold And Semi-Servile Tenure.</span></h2> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Further application of the idea of family land.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Attention has been drawn to the reciprocal relations +that existed between the family and its land, +and their inseparability in the minds and phraseology +of the Greeks at different times. There is a further +development however arising from this point of view, +without some notice of which the subject of the tenure +of the κλῆρος would be incomplete, and which serves to +confirm the method with which this subject has been +treated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Though alike in their estimation of the possession +of land as a means of livelihood and for the accumulation +of wealth, the Greeks had very different views +with respect to the place of agriculture as a worthy +occupation for a citizen. Sparta regarded it as +entirely beneath the dignity of her sons and forbade +their personal application to the cultivation of their +κλῆροι. There was at Athens, on the other hand, a +large class of citizens whose energies were entirely +devoted to the production of fruits of the earth, whilst +<span class="tei tei-pb" id="page130">[pg 130]</span><a name="Pg130" id="Pg130" class="tei tei-anchor"></a> +the life of a country gentleman, combined with that +of the farmer, was by no means despicable in their +eyes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Two methods of occupation of land: (1) by owner +himself; (2) by subject population.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There were mainly two methods of enjoying the +possession of a landed estate. Either the land was +cultivated by the owner himself with the help of +bought slaves or hired servants, few or many, as described +in Hesiod and the <span class="tei tei-hi"><span style="font-style: italic">Oeconomics</span></span> of +Xenophon;<a id="noteref_335" name="noteref_335" href="#note_335"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">335</span></span></a> +or the owner resided in the city or a neighbouring +town, and the land was tilled by aliens or serfs +(called sometimes κλαρῶται), like the Helots of Sparta, +who paid an annual contribution from the produce +to their landlord. The serf was often attached hereditarily +to the soil in the sense of being unable to +give up his holding, but also had certain rights as +against his master, both in the matter of his own +possessions and in that he could not be sold out of +the country.<a id="noteref_336" name="noteref_336" href="#note_336"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">336</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">At Gortyn on extinction of citizen-family the κλαρῶται +inherited.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +There is a passage in the Gortyn Laws that +states:—that if there are no rightful successors to +inherit the property of a deceased Gortynian, his +household's κλῆρος, <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> the persons composing it, +shall inherit his property. That is to say, if a +Gortynian family died out and no legal representative +could be found, their proprietary rights were extinguished +and the κλαρῶται who lived upon the land took +all their property. This provision favours the idea +<span class="tei tei-pb" id="page131">[pg 131]</span><a name="Pg131" id="Pg131" class="tei tei-anchor"></a> +that at Gortyn also the citizen-population came of a +race of conquerors, who were not exactly looked upon +as ground landlords upon whose land a subject family +was settled or had been allowed to remain, but that, +whilst the relation of the κλαρῶται to their land was +of the closest if not an absolute bondage to the soil, +the proprietary rights of their superiors and masters +consisted of the conqueror's overlordship and the +power to derive their maintenance from the joint +produce of their serfs' labour and the land.<a id="noteref_337" name="noteref_337" href="#note_337"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">337</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This comprehensive use of the word κλῆρος, as +meaning both the allotment of land and the family +who were bound to occupy it, whose labour also +created its value to its lord and master, is quite +consistent with the use of the word in reference to +the holdings of the Spartan citizens. The allotment +of a κλῆρος at Sparta evidently meant also a transference +of rights over the Helots that worked it; and +even if this further implication was not actually +included in the meaning of the word, it was so +inseparable in thought that no explanation was +necessary of the composite significance of the allotment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Similar twofold tenure in the Athenian κληρουχίαι.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The Athenians in their κληρουχίαι seem instinctively +to have combined these two methods of agriculture. +The κληροῦχοι were not colonists, who became citizens +of a new city, but they remained citizens of Athens, +holding however their κλῆροι in a remote district. +<span class="tei tei-pb" id="page132">[pg 132]</span><a name="Pg132" id="Pg132" class="tei tei-anchor"></a> +But the chief feature of this method of landholding +was that the owner, though remaining a citizen of +Athens and liable to the same claims from the mother +city in respect of military service, &c, as before, was +yet supposed to reside in the neighbourhood of his +new κλῆρος. This was the case, even when the land +itself was left in the hands of the conquered population +at a fixed annual charge. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Examples in Salamis,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +An inscription found on the Acropolis of Athens, +and relating to some date about 560 or 570 B.C., +defines the legal status of the first κληροῦχοι sent to +Salamis. They were assimilated to Athenian citizens +as to taxes and military service; but they must +reside on their land under pain of an absentee's tax +to the State.<a id="noteref_338" name="noteref_338" href="#note_338"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">338</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">in Lesbos,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the year 427 B.C. the Athenians conquered +the island of Lesbos. They imposed no tribute on +the subjugated islanders, but, making the land into +three thousand κλῆροι <span class="tei tei-q">“except the Methymnian land,”</span> +they first set apart three hundred κλῆροι as sacred to +the gods, and on to the others they sent off κληροῦχοι +chosen by lot from themselves; to these the +Lesbians paid annually for each κλῆροι two minae, +and <em class="tei tei-emph"><span style="font-style: italic">themselves worked the land</span></em>.<a id="noteref_339" name="noteref_339" href="#note_339"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">339</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +According to the account of Aelian, the same +method of procedure was adopted after the conquest +of Euboea in about 510 B.C. The Athenians, having +conquered the Chalkidians, apportioned their land to +κληροῦχοι<a id="noteref_340" name="noteref_340" href="#note_340"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">340</span></span></a> +in two thousand κλῆροι, <span class="tei tei-hi"><span style="font-style: italic">i.e.</span></span> the country +<span class="tei tei-pb" id="page133">[pg 133]</span><a name="Pg133" id="Pg133" class="tei tei-anchor"></a> +called Hippobotos; and, setting aside τεμένη to Athena +in the place called Lelantos, they let out<a id="noteref_341" name="noteref_341" href="#note_341"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">341</span></span></a> the rest +according to the pillars that stand in the King's +Stoa, which thus bear record of the leases.<a id="noteref_342" name="noteref_342" href="#note_342"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">342</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Each κλῆρος therefore supported two families.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The holding of each κληροῦχος may have varied +in size according to the character of the soil and +features of the country; but it may safely be +asserted that it must have been of sufficient dimensions, +not only to provide subsistence for the native +population left on the soil, but also to pay a +considerable portion towards the keep of the +κληροῦχος himself, during his enforced residence in +the conquered country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The class of citizen from amongst whom the κληροῦχοι +were chosen by lot, did not consist of families +with much property in Athens.<a id="noteref_343" name="noteref_343" href="#note_343"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">343</span></span></a> Younger sons +without occupation, whom their fathers had not been +quite callous enough to <span class="tei tei-q">“expose”</span> in infancy,<a id="noteref_344" name="noteref_344" href="#note_344"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">344</span></span></a> and +restless individuals without property in the mother +country, would be most likely to offer themselves. +And to such the two minae per annum, paid by the +Lesbians from the produce of each κλῆρος, would +appear a reasonable if not a sumptuous provision of +livelihood. There were a hundred drachmae in the +mina, and if it is true, as asserted by Plutarch,<a id="noteref_345" name="noteref_345" href="#note_345"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">345</span></span></a> that +in the time of Solon one drachma was the price of a +sheep, a yearly income of two hundred sheep, or +their equivalent, would be forthcoming to each +<span class="tei tei-pb" id="page134">[pg 134]</span><a name="Pg134" id="Pg134" class="tei tei-anchor"></a> +κληροῦχος—surely a considerable contribution to the +maintenance of his family.<a id="noteref_346" name="noteref_346" href="#note_346"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">346</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Under these circumstances each κλῆρος served to +provide maintenance for two households—both of +whom had hereditary rights therein, though themselves +in different strata of society. Both households +also were in a sort attached to the soil, the one in +practical bondage, the other bound by law to reside +in the country wherein lay its substance, and (if we +may use the common expression of the Welsh Laws) +its privilege. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The same double ownership in leases </span><span class="tei tei-q"><span style="font-size: 80%">“</span><span style="font-size: 80%">for ever.</span><span style="font-size: 80%">”</span></span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +This double and continuous ownership was not +confined to the semi-servile tenure of lands annexed +by Athenian conquests. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Leases to be handed down from father to son +<em class="tei tei-emph"><span style="font-style: italic">for ever</span></em>—τὸν πάντα χρόνον—subject of course to the +regular payment of the rent, seem to have been +quite usual. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What is said to be the oldest Greek contract we +have, is of this nature.<a id="noteref_347" name="noteref_347" href="#note_347"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">347</span></span></a> It was found in Elis at +Olympia, and runs as follows:— +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Contract with Theron and Aichmanor with regard to the land +in Salamona of eighteen plethra. Rent, twenty-two manasioi of +barley in the month Alphioios; if he omits, let them pay double. +</span><em class="tei tei-emph"><span style="font-size: 90%; font-style: italic">They shall hold for ever.</span></em><span style="font-size: 90%">”</span></span><a id="noteref_348" name="noteref_348" href="#note_348"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">348</span></span></a> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is an instance of a proprietor of land at +Mylasa, in Karia, deliberately selling his estates to a +<span class="tei tei-pb" id="page135">[pg 135]</span><a name="Pg135" id="Pg135" class="tei tei-anchor"></a> +sacred community for the benefit of the god, and +receiving them again (like the Roman <span class="tei tei-hi"><span style="font-style: italic">precaria</span></span>) from +the trustees on perpetual lease—εἰς πατρικά—as the +patrimonial substance of his family, for himself and +his issue or whosoever should take inheritance from +him. He thus obtained a money value down in +return for his property, but bound himself and his +descendants to an annual rent of so many drachmae, +to form part of the revenues of the god. Moreover +his <span class="tei tei-q">“family-land”</span> in this case was apparently more +inalienable now than before; for he might neither +divide the land henceforth, nor share the responsibility +for the rent with another.<a id="noteref_349" name="noteref_349" href="#note_349"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">349</span></span></a> +</p> + +<span class="tei tei-pb" id="page136">[pg 136]</span><a name="Pg136" id="Pg136" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Perhaps due to the prevailing idea of the +family as a continuing unit.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Do not these instances show that even leases were +included in the same category with actual ownership +of land, being embraced within the characteristic idea +that the land that contributed to the maintenance of +the family and had come to be regarded almost as +giving that family its social if not its political status, +should descend unintermittently from generation to +generation in that family, though its occupation was +subject to providing support likewise to a superior +owner and his family, whose descendants in their turn +also would demand their share in the produce? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is the conclusion justified that the basis of this +indomitable feeling was that the peculiar view of the +family, as consisting of a long line of past and future +representatives, precluded the individual, who happened +to be the living representative at any given +time, from taking an irresponsible position as absolute +master of the property, upon which his family had +been, was, and would be dependent? +</p> + +</div> + +</div> + +<span class="tei tei-pb" id="page137">[pg 137]</span><a name="Pg137" id="Pg137" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc31" id="toc31"></a> +<a name="pdf32" id="pdf32"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Chapter V. Conclusion.</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">No final word can yet be said.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In weighing the results of this essay, it +would be absurd to pretend that anything of the +nature of a last word can be said on the subject. +The process of the early development of Greek +society cannot be ascertained merely from the study +of a few survivals in historic times. The comparative +method must be carried much further +than has been attempted here, before the secrets of +antiquity can be laid bare and an authoritative +statement made. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There would seem, however, to be at any rate +some points, of those that have come under notice, +worthy of further investigation, in so far as +they indicate that Greek society was no isolated +growth, but must be given a place in the general +development of the systems of Europe. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Explanation of the structure of the kindred to +be found in the descent of city life from earlier stage of +tribal society.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +It is suggested that in the continuity of city life +from an earlier stage of society under some form of +the Tribal System, can be found the only natural +explanation of the structure of the kindred at Athens +in the fourth and fifth centuries <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span> Comparison +<span class="tei tei-pb" id="page138">[pg 138]</span><a name="Pg138" id="Pg138" class="tei tei-anchor"></a> +with the customs of other nations,—the Hindoos, the +Welsh, and the Israelites, the last two being the most +typical examples of peoples of which we have written +records whilst still living under the tribal system—has +shown remarkable analogies in the organisation of +their inner society. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Similarity between the bond of tribal blood and +that of citizenship.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The actual similarity in the sentiment which surrounded +the possession of the privileges of tribal +blood and the title to citizenship at Athens, can +hardly be exaggerated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">The threefold bond:—</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The foundation of the bond in either case has a +threefold aspect. The bond is one of blood, of +religion, and of maintenance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">(1) the bond of blood;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The qualification for citizenship, as much as for +the tribal privilege, was a question of parentage; +and the citizen equally inherited, with his blood, +responsibilities towards the community into which +he was born, as to a larger kindred. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">(2) the bond of religion;</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Membership of the tribe or of the city was the +only qualification, that admitted to the privilege and +duty of partaking in the public religious observances. +Tribesmen and citizens, by virtue of their privilege, +shared in the worship of the greater gods, of Hestia +in the Prytaneum, of Zeus Agoraios, and of the +Heroes or special guardians of their community; +in like manner as the member of the smaller group +of a kindred, by virtue of his blood, shared in the +worship of the Apollo Patroïos, the Zeus Herkeios or +Ktesios, and the heroes or ancestors of his family. +Inasmuch as citizenship depended upon purity of +descent, the possession of the latter qualification +carried with it the right to share in the greater +ceremonies. But the converse was equally stringent, +<span class="tei tei-pb" id="page139">[pg 139]</span><a name="Pg139" id="Pg139" class="tei tei-anchor"></a> +in that the possession of shrines of Apollo Patroïos +and Zeus Herkeios was impossible, unless the family +was one of those who had for many generations been +recognised as belonging to the true stock of the +community. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">(3) the bond of maintenance.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Inasmuch as the worship of private or public +gods consisted mainly of offerings of food, of beasts +or produce of the earth, and wine, every tribesman +or citizen must have had the means of providing his +share in the offerings, besides supporting himself and +his family. Those devoted to handicraft or merchandise +were often despised by the regular tribesman or +citizen, and sometimes therefore formed separate clans +by themselves, like the smiths in Arabia. It is not +surprising, therefore, to find that the membership of +the tribe or city should have carried with it the right +to the possession of some portion of the arable land +and of the pasture, upon which all were regarded as +being dependent. In this way the possession of land +was intimately related to the status and the duties +of the owner. It was the visible mark of his full +tribal privilege, and was the practical means of his +fulfilling his duty towards his fellows and the public +religion, as well as to the needs of his ancestors and +household. It seems also to have been believed +that, in partaking of the hospitality or sharing in +the sacrificial feast of any family, a bond was for +the time being created which was in most respects +practically equivalent to relationship by blood to +the members of that family.<a id="noteref_350" name="noteref_350" href="#note_350"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">350</span></span></a> +</p> + +<span class="tei tei-pb" id="page140">[pg 140]</span><a name="Pg140" id="Pg140" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Many tribal customs survived in the +kindred and the household.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Apart from the tribal character of the qualification +for citizenship, the most conservative organisation +wherein had been stereotyped the most precious of +tribal customs, was that of the kindred. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is suggested that the vitality of the customs +surrounding the bond of family relationship was due +to the importance attached to the religious and social +functions incumbent on all members of a household +united by kindred blood. The actions of the individual +members were constrained by their weighty +responsibilities towards the continuance and prosperity +of the composite household, in which they moved, and +apart from which their existence could not but be +altogether incomplete. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The worship of ancestors occupied a prominent +place in the needs of the Athenian household, and, no +doubt, had a corresponding influence in the preservation +of its unity. The same of course cannot be +said for Wales, where Christianity had replaced, in the +records at any rate, whatever religious beliefs may +have existed earlier. But the grouping of the kindred +according to grades of relationship was adhered to by +the Welsh as an intrinsic part of their very conception +of a kindred; and this would point to the conclusion +that such subdivisions were due to wider needs than +can be found in any particular form of religious +belief or worship. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">But these survivals mostly found in post-Homeric records.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +If, as has been suggested, in adhering to these +customs, the Greeks were still treading in the tracks +of their tribal ancestors, how is it that the most +convincing evidence comes from as late as the fifth +and fourth centuries <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span> and mainly from the most +highly civilised of the cities of Greece? +</p> + +<span class="tei tei-pb" id="page141">[pg 141]</span><a name="Pg141" id="Pg141" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> and the <span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span> may perhaps be +trusted as truly portraying, so far as they go, the +manners and customs of the great period of Achaian +civilisation, known as Mycenean, which may be said +to have culminated just before the Dorian invasion. +Whence then came the public recognition of those +household ceremonies of ancestor-worship, which filled +such a large place in the life of the Athenian citizen, +and which, it has been suggested, were consciously +or unconsciously slurred over by the Homeric +poets? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">They perhaps belonged to the pre-Achaian inhabitants +of Greece.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Mr. Walter Leaf has already found an answer to +this question,<a id="noteref_351" name="noteref_351" href="#note_351"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">351</span></span></a> viz. that these ceremonies were the +long cherished customs of the ancient Ionian or +Pelasgian inhabitants of Greece, who had formed the +substratum of society under Achaian rule, and who +only came into prominence on the removal of their +superiors at the time of the Dorian invasion. And +this continuity, underlying the superficial rule of the +Achaians, seems to be borne out by recent research +and discovery.<a id="noteref_352" name="noteref_352" href="#note_352"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">352</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Athenians always boasted their Ionian descent, +and may well have inherited their habits with the +traditions of their origin. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">But many were probably of wider parentage.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +But the customs reviewed in the foregoing +<span class="tei tei-pb" id="page142">[pg 142]</span><a name="Pg142" id="Pg142" class="tei tei-anchor"></a> +pages seem to have a wider parentage than +can be attributed to the Pelasgians alone. Spartan +customs at any rate cannot thus be accounted +for. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Comparison with the history of the Jews.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the course of argument reference has often +been made to the Jewish records in the Books of the +Old Testament, and indeed a remarkable parallel is +presented in the history of the two peoples. Both +peoples apparently reached their greatest period +about the same time. The reign of Solomon with +its gold and costly workmanship must have resembled +that of the Mycenean kings in more than similarity +of date, and outward splendour. Taking Homer +again as the courtly chronicler of the Achaian age of +gold, the Books of the Kings of both peoples are +curiously conscious of their former tribal conditions, +through which they easily trace back to the very +fountain-head of their race. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">Reaction in times of distress to earlier tribal +habits by the Jews, and perhaps by the Achaians.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +In the period of the decay of the Jewish people +under the stress of invasion by foreign kings, strenuous +efforts were made by their prophet leaders to +purge them from the alien blood and alien influences +contracted in the careless days of their prosperity. +Their aim was to restore once more those strict tribal +habits which had served them so well at the time of +their own victorious invasion, and which still lay dormant +in their constitution. In similar wise, the period +of Achaian prosperity seems to have been followed by +a rise into prominence at any rate, if not an actual +resuscitation, of old tribal customs. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">These tribal habits probably only dormant +throughout and common to all Greeks,</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +The actual traces of tribal institutions in Homer +need not be underrated. There is much that is of a +tribal character in the Homeric chieftain in his relations +<span class="tei tei-pb" id="page143">[pg 143]</span><a name="Pg143" id="Pg143" class="tei tei-anchor"></a> +to his tribesmen and to their gods. Survivals +of tribal custom may also be seen in the reverence +for the guest, and the sacredness of the bond of +hospitality lasting as it did for generations; and in +the blood-feud with its deadly consequences, especially +when occurring within the tribe or kindred. Indeed +if only the Pentateuch of the Achaians could be found +in the ruins of Mycenae and added to the Homeric +Book of the Kings, would it not then probably be +evident that there was much more of a tribal nature +in the organisation of the kindreds of the Achaians +and surviving throughout the whole period of their +splendour than the aristocratic poets of the Homeric +schools allowed themselves to record? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +</p><div class="tei tei-marginnote tei-marginnote-margin"><div class="tei tei-marginnotetext"><span style="font-size: 80%">if not practically even to all tribal systems.</span></div></div><p class="tei tei-p" style="margin-bottom: 1.00em"> +Although therefore nearly all our evidence of the +internal structure of the kindred among the Greeks +dates from the fifth century <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>, the ἀγχιστεία at +Athens must not be put down as belonging merely to +that period. In the light of the close analogies to +be found in the structure of other tribal systems, +it is probable that such subdivisions of the kindred +belong to an extremely early period in the history +of the Greeks, whether as Achaians or Ionians or +Dorians. Are they not indeed necessary features of +tribal society itself wherever it is examined? +</p> + +</div> + +<span class="tei tei-pb" id="page145">[pg 145]</span><a name="Pg145" id="Pg145" class="tei tei-anchor"></a> + +<div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc33" id="toc33"></a> +<a name="pdf34" id="pdf34"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Index.</span></h1> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Adoption, object of, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">out of unfortunate home, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">ceremony of, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36-7</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Agora</span></span>, <a href="#Pg002" class="tei tei-ref" style="text-align: left">2</a>, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-angisteia" id="index-angisteia" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">ἀγχιστεία, <a href="#Pg032" class="tei tei-ref" style="text-align: left">32</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">its meaning, <a href="#Pg055" class="tei tei-ref" style="text-align: left">55</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">its limits, <a href="#Pg058" class="tei tei-ref" style="text-align: left">58-9</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">all within it liable for bloodshed, <a href="#Pg075" class="tei tei-ref" style="text-align: left">75</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">its tribal origin, <a href="#Pg143" class="tei tei-ref" style="text-align: left">143</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Ancestor-worship, <a href="#Pg010" class="tei tei-ref" style="text-align: left">10</a>, <a href="#Pg140" class="tei tei-ref" style="text-align: left">140</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Homer, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>, <a href="#Pg007" class="tei tei-ref" style="text-align: left">7</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Israel, <a href="#Pg008" class="tei tei-ref" style="text-align: left">8</a>, <a href="#Pg009" class="tei tei-ref" style="text-align: left">9</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Egypt, <a href="#Pg011" class="tei tei-ref" style="text-align: left">11</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">pre-Homeric, <a href="#Pg141" class="tei tei-ref" style="text-align: left">141</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">ἀνεψιός see <a href="#index-angisteia" class="tei tei-ref" style="text-align: left">ἀγχιστεία</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">βασιλεύς, one of a class, <a href="#Pg107" class="tei tei-ref" style="text-align: left">107</a>, <a href="#Pg114" class="tei tei-ref" style="text-align: left">114</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">honoured like a god, <a href="#Pg105" class="tei tei-ref" style="text-align: left">105-6</a>, <a href="#Pg122" class="tei tei-ref" style="text-align: left">122</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">owned τέμενος, <a href="#Pg102" class="tei tei-ref" style="text-align: left">102</a>, <a href="#Pg106" class="tei tei-ref" style="text-align: left">106</a>, <a href="#Pg122" class="tei tei-ref" style="text-align: left">122</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">influenced the seasons, <a href="#Pg105" class="tei tei-ref" style="text-align: left">105</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">over-lordship not altogether hereditary, <a href="#Pg107" class="tei tei-ref" style="text-align: left">107</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">levied maintenance on their people, <a href="#Pg115" class="tei tei-ref" style="text-align: left">115</a>, <a href="#Pg122" class="tei tei-ref" style="text-align: left">122</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Solomon, <a href="#Pg116" class="tei tei-ref" style="text-align: left">116</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">household βασιλεύς <a href="#Pg092" class="tei tei-ref" style="text-align: left">92</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Bastard, no place in family, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95-6</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">allotment or gift for his maintenance, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95-6</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Blood, as basis of family, <a href="#Pg013" class="tei tei-ref" style="text-align: left">13</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of tribe, &c., <a href="#Pg004" class="tei tei-ref" style="text-align: left">4-5</a>, <a href="#Pg138" class="tei tei-ref" style="text-align: left">138</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">its purity jealously guarded, <a href="#Pg067" class="tei tei-ref" style="text-align: left">67</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">acquisition of, <a href="#Pg068" class="tei tei-ref" style="text-align: left">68</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Blood-fine, not within the tribe or kindred, <a href="#Pg042" class="tei tei-ref" style="text-align: left">42-4</a>, <a href="#Pg077" class="tei tei-ref" style="text-align: left">77</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Wales, the <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">galanas</span></span>, <a href="#Pg078" class="tei tei-ref" style="text-align: left">78</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">paid by whole family, <a href="#Pg079" class="tei tei-ref" style="text-align: left">79</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Bloodshed, responsibility for, <a href="#Pg042" class="tei tei-ref" style="text-align: left">42</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">rested on ἀγχιστεία, <a href="#Pg075" class="tei tei-ref" style="text-align: left">75</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">within the kindred, <a href="#Pg044" class="tei tei-ref" style="text-align: left">44</a>, <a href="#Pg077" class="tei tei-ref" style="text-align: left">77</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-citizenship" id="index-citizenship" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">Citizenship, admission to, <a href="#Pg071" class="tei tei-ref" style="text-align: left">71</a>, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">qualification for, by three descents, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">basis of, <a href="#Pg138" class="tei tei-ref" style="text-align: left">138</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">confirmed to son of stranger, <a href="#Pg071" class="tei tei-ref" style="text-align: left">71</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">ἔγκτησις, grant of, to new citizen, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span>; <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">ἐπίκληρος, succession found through her, <a href="#Pg023" class="tei tei-ref" style="text-align: left">23</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">she must marry next-of-kin, <a href="#Pg023" class="tei tei-ref" style="text-align: left">23-7</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Gortyn laws, <a href="#Pg026" class="tei tei-ref" style="text-align: left">26</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">where more than one, <a href="#Pg026" class="tei tei-ref" style="text-align: left">26</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">inherited for her issue, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Ruth as, <a href="#Pg031" class="tei tei-ref" style="text-align: left">31</a>, <a href="#Pg034" class="tei tei-ref" style="text-align: left">34</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">had right of maintenance from property, <a href="#Pg023" class="tei tei-ref" style="text-align: left">23-4</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Family (<span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">see</span></span> <a href="#index-oikos" class="tei tei-ref" style="text-align: left">οἶκος</a>), bound to the land, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">family estate in Santa Maura, <a href="#Pg086" class="tei tei-ref" style="text-align: left">86</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">head of family, <a href="#Pg091" class="tei tei-ref" style="text-align: left">91</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Funeral, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">see</span></span> <a href="#index-sacrifices" class="tei tei-ref" style="text-align: left">Sacrifices</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Gavelkind, in Kent, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-guest" id="index-guest" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">Guest, importance at sacrifice, <a href="#Pg099" class="tei tei-ref" style="text-align: left">99</a>-100;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">hereditary guestship, <a href="#Pg110" class="tei tei-ref" style="text-align: left">110</a></div> +</div> + +<span class="tei tei-pb" id="page146">[pg 146]</span><a name="Pg146" id="Pg146" class="tei tei-anchor"></a> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hearth, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a>, <a href="#Pg004" class="tei tei-ref" style="text-align: left">4</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">as basis of the family, <a href="#Pg013" class="tei tei-ref" style="text-align: left">13</a>, <a href="#Pg017" class="tei tei-ref" style="text-align: left">17</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Prytaneum, <a href="#Pg004" class="tei tei-ref" style="text-align: left">4</a>, <a href="#Pg015" class="tei tei-ref" style="text-align: left">15</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">initiation of heir to, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-heir" id="index-heir" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">Heir, duties of, <a href="#Pg018" class="tei tei-ref" style="text-align: left">18-19</a>, <a href="#Pg020" class="tei tei-ref" style="text-align: left">20</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">importance of male heir, <a href="#Pg021" class="tei tei-ref" style="text-align: left">21-3</a>, <a href="#Pg098" class="tei tei-ref" style="text-align: left">98</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">daughter's son, <a href="#Pg023" class="tei tei-ref" style="text-align: left">23-7</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">always ranks as <em class="tei tei-emph" style="text-align: left"><span style="font-style: italic">son</span></em> of deceased, <a href="#Pg034" class="tei tei-ref" style="text-align: left">34</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>, <a href="#Pg059" class="tei tei-ref" style="text-align: left">59</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">initiated to hearth, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">introduced to kindred, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">and to the deme, <a href="#Pg038" class="tei tei-ref" style="text-align: left">38-9</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">importance of introduction of, <a href="#Pg041" class="tei tei-ref" style="text-align: left">41</a>, <a href="#Pg125" class="tei tei-ref" style="text-align: left">125-8</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">co-heir in Wales, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">law of succession, <a href="#Pg057" class="tei tei-ref" style="text-align: left">57</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">disinheritance, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">division among heirs, <a href="#Pg064" class="tei tei-ref" style="text-align: left">64</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>, <a href="#Pg101" class="tei tei-ref" style="text-align: left">101</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Ahab's 'inheritance' of Naboth's vineyard, <a href="#Pg114" class="tei tei-ref" style="text-align: left">114</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Hesiod, his κλῆρος, <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the needs of a farmer, <a href="#Pg109" class="tei tei-ref" style="text-align: left">109</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Hestia</span></span>, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a>, <a href="#Pg004" class="tei tei-ref" style="text-align: left">4</a>, <a href="#Pg138" class="tei tei-ref" style="text-align: left">138</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">called <span class="tei tei-q" style="text-align: left">“princess,”</span> <a href="#Pg013" class="tei tei-ref" style="text-align: left">13</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Inheritance, see <a href="#index-kleros" class="tei tei-ref" style="text-align: left">κλῆρος</a>, and <a href="#index-heir" class="tei tei-ref" style="text-align: left">Heir</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Kinship, grades of, <a href="#Pg048" class="tei tei-ref" style="text-align: left">48</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in India, <a href="#Pg052" class="tei tei-ref" style="text-align: left">52</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Wales, <a href="#Pg049" class="tei tei-ref" style="text-align: left">49</a>, <a href="#Pg067" class="tei tei-ref" style="text-align: left">67</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the fourth degree, <a href="#Pg073" class="tei tei-ref" style="text-align: left">73</a>, <a href="#Pg112" class="tei tei-ref" style="text-align: left">112</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the seventh, <a href="#Pg078" class="tei tei-ref" style="text-align: left">78</a> et <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the ninth, <a href="#Pg068" class="tei tei-ref" style="text-align: left">68</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">wife's relations no kin to husband but are to son, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Kinsmen, duties of, <a href="#Pg018" class="tei tei-ref" style="text-align: left">18</a>, <a href="#Pg042" class="tei tei-ref" style="text-align: left">42</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">next of kin marries <span class="tei tei-q" style="text-align: left">“heiress,”</span> <a href="#Pg023" class="tei tei-ref" style="text-align: left">23-7</a>, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">his duty to redeem property in Israel, <a href="#Pg032" class="tei tei-ref" style="text-align: left">32</a>, <a href="#Pg095" class="tei tei-ref" style="text-align: left">95</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">kinsmen accept heir, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>, <a href="#Pg041" class="tei tei-ref" style="text-align: left">41</a>, <a href="#Pg125" class="tei tei-ref" style="text-align: left">125-7</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">sanction disinheritance, <a href="#Pg061" class="tei tei-ref" style="text-align: left">61</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">liable for bloodshed, <a href="#Pg075" class="tei tei-ref" style="text-align: left">75</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">Hesiod's idea of, <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">κλαρῶται, <a href="#Pg130" class="tei tei-ref" style="text-align: left">130</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-kleros" id="index-kleros" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">κλῆρος, its form, <a href="#Pg085" class="tei tei-ref" style="text-align: left">85</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">supported the οἶκος, <a href="#Pg088" class="tei tei-ref" style="text-align: left">88</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>, <a href="#Pg110" class="tei tei-ref" style="text-align: left">110</a>, <a href="#Pg121" class="tei tei-ref" style="text-align: left">121</a>, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">need not be divided, <a href="#Pg047" class="tei tei-ref" style="text-align: left">47</a>, <a href="#Pg089" class="tei tei-ref" style="text-align: left">89</a>, <a href="#Pg093" class="tei tei-ref" style="text-align: left">93</a>, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">no joint holding between father and sons, <a href="#Pg093" class="tei tei-ref" style="text-align: left">93</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">sold in case of need, <a href="#Pg094" class="tei tei-ref" style="text-align: left">94</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in theory inalienable, <a href="#Pg094" class="tei tei-ref" style="text-align: left">94</a>, <a href="#Pg113" class="tei tei-ref" style="text-align: left">113</a>, <a href="#Pg124" class="tei tei-ref" style="text-align: left">124</a>, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">allotted to new citizen, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Homer, <a href="#Pg102" class="tei tei-ref" style="text-align: left">102</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">held by tribesmen, <a href="#Pg108" class="tei tei-ref" style="text-align: left">108</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of Hesiod, <a href="#Pg123" class="tei tei-ref" style="text-align: left">123</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">κληροῦχοι, <a href="#Pg131" class="tei tei-ref" style="text-align: left">131</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Land, ownership of, proof of civic rights, <a href="#Pg083" class="tei tei-ref" style="text-align: left">83</a>, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a> (<span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">see</span></span> <a href="#index-kleros" class="tei tei-ref" style="text-align: left">κλῆρος</a> and <a href="#index-temenos" class="tei tei-ref" style="text-align: left">τέμενος</a>)</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Lar</span></span> = <span class="tei tei-q" style="text-align: left">“lord,”</span> <a href="#Pg012" class="tei tei-ref" style="text-align: left">12</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">lares</span></span> of king, <a href="#Pg004" class="tei tei-ref" style="text-align: left">4</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Leases, for ever, <a href="#Pg134" class="tei tei-ref" style="text-align: left">134</a>-6</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-levirate" id="index-levirate" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">Levirate, not in Greece, <a href="#Pg027" class="tei tei-ref" style="text-align: left">27</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in India, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Israel, <a href="#Pg030" class="tei tei-ref" style="text-align: left">30</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Maintenance of parents (<span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">see</span></span> <a href="#index-parents" class="tei tei-ref" style="text-align: left">Parents</a>);</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of οἶκος, <a href="#Pg110" class="tei tei-ref" style="text-align: left">110</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the bond of, <a href="#Pg110" class="tei tei-ref" style="text-align: left">110</a>, <a href="#Pg139" class="tei tei-ref" style="text-align: left">139</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of the chief, <a href="#Pg114" class="tei tei-ref" style="text-align: left">114</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>; <a href="#Pg122" class="tei tei-ref" style="text-align: left">122</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Ezekiel, <a href="#Pg119" class="tei tei-ref" style="text-align: left">119</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of children at Sparta, <a href="#Pg125" class="tei tei-ref" style="text-align: left">125</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">gift of food to babe, <a href="#Pg125" class="tei tei-ref" style="text-align: left">125</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">derived from κλῆρος, <a href="#Pg127" class="tei tei-ref" style="text-align: left">127</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Manes</span></span>, duties to, in India, <a href="#Pg019" class="tei tei-ref" style="text-align: left">19</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Marriage, of heiress, <a href="#Pg023" class="tei tei-ref" style="text-align: left">23-6</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of near relations, <a href="#Pg029" class="tei tei-ref" style="text-align: left">29</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of widow (<span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">see</span></span> <a href="#index-levirate" class="tei tei-ref" style="text-align: left">Levirate</a>)</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Octopus</span></span>, <a href="#Pg125" class="tei tei-ref" style="text-align: left">125</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-oikos" id="index-oikos" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">οἶκος, part of γένος, <a href="#Pg017" class="tei tei-ref" style="text-align: left">17</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">importance of continuity of, <a href="#Pg009" class="tei tei-ref" style="text-align: left">9</a>, <a href="#Pg019" class="tei tei-ref" style="text-align: left">19-20</a>, <a href="#Pg030" class="tei tei-ref" style="text-align: left">30</a>, <a href="#Pg035" class="tei tei-ref" style="text-align: left">35</a>, <a href="#Pg111" class="tei tei-ref" style="text-align: left">111</a>, <a href="#Pg128" class="tei tei-ref" style="text-align: left">128</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the unit of ownership of property, <a href="#Pg047" class="tei tei-ref" style="text-align: left">47</a>, <a href="#Pg109" class="tei tei-ref" style="text-align: left">109</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">extent of, <a href="#Pg054" class="tei tei-ref" style="text-align: left">54-6</a>, <a href="#Pg088" class="tei tei-ref" style="text-align: left">88-9</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the householder in India, <a href="#Pg099" class="tei tei-ref" style="text-align: left">99</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">supported by its land, <a href="#Pg110" class="tei tei-ref" style="text-align: left">110</a>, <a href="#Pg113" class="tei tei-ref" style="text-align: left">113</a>, <a href="#Pg121" class="tei tei-ref" style="text-align: left">121</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of Bouselos, <a href="#Pg055" class="tei tei-ref" style="text-align: left">55</a>, <a href="#Pg062" class="tei tei-ref" style="text-align: left">62</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">power of head of, <a href="#Pg091" class="tei tei-ref" style="text-align: left">91-2</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Open field system, in Greece, <a href="#Pg085" class="tei tei-ref" style="text-align: left">85</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in the islands, <a href="#Pg087" class="tei tei-ref" style="text-align: left">87</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in Homer, <a href="#Pg088" class="tei tei-ref" style="text-align: left">88</a>, <a href="#Pg104" class="tei tei-ref" style="text-align: left">104</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">its elasticity, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118-9</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Parage</span></span>, in Normandy, an undivided tenure, <a href="#Pg050" class="tei tei-ref" style="text-align: left">50</a></div> +</div> + +<span class="tei tei-pb" id="page147">[pg 147]</span><a name="Pg147" id="Pg147" class="tei tei-anchor"></a> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-parents" id="index-parents" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">Parents, maintenance of, <a href="#Pg018" class="tei tei-ref" style="text-align: left">18</a>, <a href="#Pg048" class="tei tei-ref" style="text-align: left">48</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">after death, <a href="#Pg019" class="tei tei-ref" style="text-align: left">19</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Phratria</span></span>, enrols legitimate sons, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36-7</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">partly responsible for bloodshed, <a href="#Pg076" class="tei tei-ref" style="text-align: left">76</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Primogeniture, not the rule in Greece, <a href="#Pg090" class="tei tei-ref" style="text-align: left">90</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">nor in India, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">eldest son had certain rights or dignity, <a href="#Pg090" class="tei tei-ref" style="text-align: left">90</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>, <a href="#Pg097" class="tei tei-ref" style="text-align: left">97</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">called ἠθεῖος, <a href="#Pg091" class="tei tei-ref" style="text-align: left">91</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left"><span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">Prytaneum</span></span>, <a href="#Pg003" class="tei tei-ref" style="text-align: left">3</a>, <a href="#Pg004" class="tei tei-ref" style="text-align: left">4</a>, <a href="#Pg015" class="tei tei-ref" style="text-align: left">15</a>, <a href="#Pg138" class="tei tei-ref" style="text-align: left">138</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Register, of phratria, <a href="#Pg036" class="tei tei-ref" style="text-align: left">36</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of deme, <a href="#Pg038" class="tei tei-ref" style="text-align: left">38</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Ruth, as widow and ἐπίκληρος, <a href="#Pg031" class="tei tei-ref" style="text-align: left">31-4</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-sacrifices" id="index-sacrifices" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">Sacrifices, object of, <a href="#Pg006" class="tei tei-ref" style="text-align: left">6</a>, <a href="#Pg139" class="tei tei-ref" style="text-align: left">139</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">to the dead, <a href="#Pg008" class="tei tei-ref" style="text-align: left">8</a>, <a href="#Pg009" class="tei tei-ref" style="text-align: left">9-12</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of funeral cake in India, <a href="#Pg051" class="tei tei-ref" style="text-align: left">51</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">funeral rites at Athens, <a href="#Pg020" class="tei tei-ref" style="text-align: left">20</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of householder in India, <a href="#Pg099" class="tei tei-ref" style="text-align: left">99</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">bond of common religion, <a href="#Pg013" class="tei tei-ref" style="text-align: left">13</a>, <a href="#Pg053" class="tei tei-ref" style="text-align: left">53</a>, <a href="#Pg138" class="tei tei-ref" style="text-align: left">138</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Stranger, abhorrence of, <a href="#Pg005" class="tei tei-ref" style="text-align: left">5</a>, <a href="#Pg071" class="tei tei-ref" style="text-align: left">71</a>, <a href="#Pg074" class="tei tei-ref" style="text-align: left">74</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">as guest, <a href="#Pg099" class="tei tei-ref" style="text-align: left">99</a> (<span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">see</span></span> <a href="#index-guest" class="tei tei-ref" style="text-align: left">Guest</a>);</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">admission to tribe, <a href="#Pg067" class="tei tei-ref" style="text-align: left">67</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<a name="index-temenos" id="index-temenos" class="tei tei-anchor"></a> +<div class="tei tei-l" style="text-align: left">τέμενος, in Homer, <a href="#Pg103" class="tei tei-ref" style="text-align: left">103</a>, <a href="#Pg113" class="tei tei-ref" style="text-align: left">113</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">allotted to princes and gods, <a href="#Pg102" class="tei tei-ref" style="text-align: left">102</a>, <a href="#Pg106" class="tei tei-ref" style="text-align: left">106</a>, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118</a>, <a href="#Pg122" class="tei tei-ref" style="text-align: left">122</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">called πατρώιος, <a href="#Pg106" class="tei tei-ref" style="text-align: left">106</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">helped to support prince, <a href="#Pg118" class="tei tei-ref" style="text-align: left">118-9</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Tonsure, in Greece, <a href="#Pg039" class="tei tei-ref" style="text-align: left">39</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">in India, <a href="#Pg040" class="tei tei-ref" style="text-align: left">40</a></div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Tribe, its basis one of blood, <a href="#Pg004" class="tei tei-ref" style="text-align: left">4-5</a>, <a href="#Pg138" class="tei tei-ref" style="text-align: left">138</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">possible development of, <a href="#Pg014" class="tei tei-ref" style="text-align: left">14-15</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">admission to, <a href="#Pg068" class="tei tei-ref" style="text-align: left">68</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span>, <a href="#Pg096" class="tei tei-ref" style="text-align: left">96</a> (<span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">and see</span></span> <a href="#index-citizenship" class="tei tei-ref" style="text-align: left">Citizenship</a>)</div> +</div> + +<div class="tei tei-lg" style="margin-bottom: 1.00em; margin-top: 1.00em"> +<div class="tei tei-l" style="text-align: left">Widow, could not inherit from husband, <a href="#Pg027" class="tei tei-ref" style="text-align: left">27-8</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">returned to her kin or guardian, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">when allowed to remain, <a href="#Pg028" class="tei tei-ref" style="text-align: left">28</a>, <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">note</span></span>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">the case of Tamar, <a href="#Pg030" class="tei tei-ref" style="text-align: left">30</a>;</div> +<div class="tei tei-l" style="text-align: left; margin-left: 2.00em">of Ruth, <a href="#Pg031" class="tei tei-ref" style="text-align: left">31</a> <span class="tei tei-hi" style="text-align: left"><span style="font-style: italic">et seq.</span></span></div> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +THE END. +</p> + +</div> +</div> +<hr class="doublepage" /><div class="tei tei-back" style="margin-bottom: 2.00em; margin-top: 6.00em"> + <div id="footnotes" class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <a name="toc35" id="toc35"></a> + <a name="pdf36" id="pdf36"></a> + <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Footnotes</span></h1> + <dl class="tei tei-list-footnotes"><dt class="tei tei-notelabel"><a id="note_1" name="note_1" href="#noteref_1">1.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ix. 63.</dd><dt class="tei tei-notelabel"><a id="note_2" name="note_2" href="#noteref_2">2.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ii. 400.</dd><dt class="tei tei-notelabel"><a id="note_3" name="note_3" href="#noteref_3">3.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xi. +807.</dd><dt class="tei tei-notelabel"><a id="note_4" name="note_4" href="#noteref_4">4.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ii. 788.</dd><dt class="tei tei-notelabel"><a id="note_5" name="note_5" href="#noteref_5">5.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Journal of +Philology</span></span>, xiv. 145 (1885), Mr. Frazer on Prytaneum.</dd><dt class="tei tei-notelabel"><a id="note_6" name="note_6" href="#noteref_6">6.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Cauer, +<span class="tei tei-hi"><span style="font-style: italic">Delect. Inser. Graec.</span></span> § 121. (Crete, c. 200 B.C.) <span class="tei tei-q">“I +swear by Hestia in the Prytaneum (τὰν ἐμ πρυτανείῳ), by Zeus of the +Agora, Zeus Tallaios, Apellon Delphinios, Athanaia Poliouchos, +Apellon Poitios, and Lato, and Artemis, and Ares, and Aphordite, +and Hermes, and Halios ... and all gods and goddesses.”</span> <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> +also § 116, and <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiv. 158. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Plato, in <span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> § 848, says +Hestia, Zeus and Athena shall +have temples everywhere. +</p></dd><dt class="tei tei-notelabel"><a id="note_7" name="note_7" href="#noteref_7">7.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Thuc.</span></span> ii. 16.</dd><dt class="tei tei-notelabel"><a id="note_8" name="note_8" href="#noteref_8">8.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Journal +of Philol.</span></span> xiv. 145.</dd><dt class="tei tei-notelabel"><a id="note_9" name="note_9" href="#noteref_9">9.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Op. cit.</span></span> p. 153.</dd><dt class="tei tei-notelabel"><a id="note_10" name="note_10" href="#noteref_10">10.</a></dt><dd class="tei tei-notetext">Exception, however, was +sometimes made in the case of the stranger as a favoured guest, +<span class="tei tei-hi"><span style="font-style: italic">v. infra</span></span>, p. <a href="#Pg099" class="tei tei-ref">99</a>.</dd><dt class="tei tei-notelabel"><a id="note_11" name="note_11" href="#noteref_11">11.</a></dt><dd class="tei tei-notetext">Plato (<span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> +948) remarks that at the time of Rhadamanthos +the belief in the existence of the gods was a reasonable one, seeing +that at that time most men were sons of gods.</dd><dt class="tei tei-notelabel"><a id="note_12" name="note_12" href="#noteref_12">12.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxiii. 206. It is clear +from <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> i. 466 <span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span> that the +sacrifice was held to be a feast at which the choice portions were +devoured by the god by means of the fire on his altar. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> p. 139, +note.</dd><dt class="tei tei-notelabel"><a id="note_13" name="note_13" href="#noteref_13">13.</a></dt><dd class="tei tei-notetext">It was not +therefore only at the mouth of Hades that the dead +could benefit by such offerings.</dd><dt class="tei tei-notelabel"><a id="note_14" name="note_14" href="#noteref_14">14.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> +iv. 197. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xvi. 455.<br /> +ἔνδα ἑ ταρχύσουσι κασίγνητοι τε ἔται τε<br /> +τύμβῳ τε στήλῃ τε: τὸ γὰρ γέρας ἐστὶ θανόντων.</dd><dt class="tei tei-notelabel"><a id="note_15" name="note_15" href="#noteref_15">15.</a></dt><dd class="tei tei-notetext">The speculative state of mind +displayed in the <span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> may be illustrated from the effect on +Achilles of the apparition of Patroklos after death in a dream. +As he wakes suddenly the conviction comes upon him:—<span class="tei tei-q">“Ay me, +there remaineth then even in the house of Hades a spirit and +phantom of the dead, albeit the life be not anywise therein: for +all night long hath the spirit of hapless Patroklos stood over me, +wailing and making moan, and charged me everything that I +should do, and wondrous like his living self it seemed.”</span> +<span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxiii, 113 &c.</dd><dt class="tei tei-notelabel"><a id="note_16" name="note_16" href="#noteref_16">16.</a></dt><dd class="tei tei-notetext">Ps. cvi. 28. <span class="tei tei-hi"><span style="font-style: italic">v.</span></span> Maine's +<span class="tei tei-hi"><span style="font-style: italic">Early Law and Custom</span></span>, p. 59.</dd><dt class="tei tei-notelabel"><a id="note_17" name="note_17" href="#noteref_17">17.</a></dt><dd class="tei tei-notetext">1 Sam. xx. 6. +Θυσία τῶν ἡμερῶν ἐκεῖ ὅλῃ τῇ φυλῇ.</dd><dt class="tei tei-notelabel"><a id="note_18" name="note_18" href="#noteref_18">18.</a></dt><dd class="tei tei-notetext">Soph. +<span class="tei tei-hi"><span style="font-style: italic">Antig.</span></span> 659.</dd><dt class="tei tei-notelabel"><a id="note_19" name="note_19" href="#noteref_19">19.</a></dt><dd class="tei tei-notetext">Coulanges, +<span class="tei tei-hi"><span style="font-style: italic">Cité Antique</span></span>, p. 65.</dd><dt class="tei tei-notelabel"><a id="note_20" name="note_20" href="#noteref_20">20.</a></dt><dd class="tei tei-notetext"> Soph. <span class="tei tei-hi"><span style="font-style: italic">Antig.</span></span> 199.</dd><dt class="tei tei-notelabel"><a id="note_21" name="note_21" href="#noteref_21">21.</a></dt><dd class="tei tei-notetext">Soph. <span class="tei tei-hi"><span style="font-style: italic">Phil.</span></span> 933. Soph. +<span class="tei tei-hi"><span style="font-style: italic">Elekt.</span></span> 411.</dd><dt class="tei tei-notelabel"><a id="note_22" name="note_22" href="#noteref_22">22.</a></dt><dd class="tei tei-notetext">Aesch. +<span class="tei tei-hi"><span style="font-style: italic">Pers.</span></span> 609-618. The speaker in this case is a Persian +and a woman; but many passages might be quoted from the Greek +poets. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Lucian, <span class="tei tei-hi"><span style="font-style: italic">De Luctu</span></span>, 9. +Τρέφονται δὲ ἄρα ταῖς παρ᾽ ἡμῖν χοαῖς καὶ τοῖς καθαγιζομένοις ἐπὶ +τῶν τάφων: ὡς εἴ τῳ μὴ εἴη καταλελειμμένος ὑπὲρ γῆς φίλος ἥ συγγενὴς, +ἄσιτος οὗτος νεκρὸς καὶ λιμώττων ἐν αὐτοῖς πολιτεύεται.</dd><dt class="tei tei-notelabel"><a id="note_23" name="note_23" href="#noteref_23">23.</a></dt><dd class="tei tei-notetext">Edited by +C. H. S. Davis (Putnam, 1894).</dd><dt class="tei tei-notelabel"><a id="note_24" name="note_24" href="#noteref_24">24.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Id.</span></span> +chap. liii.</dd><dt class="tei tei-notelabel"><a id="note_25" name="note_25" href="#noteref_25">25.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Id.</span></span> chap. +lxxii.</dd><dt class="tei tei-notelabel"><a id="note_26" name="note_26" href="#noteref_26">26.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Id.</span></span> chap. +lxxvii.</dd><dt class="tei tei-notelabel"><a id="note_27" name="note_27" href="#noteref_27">27.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cité Antique</span></span>, p. 93, ἑστία +δέσποινα.</dd><dt class="tei tei-notelabel"><a id="note_28" name="note_28" href="#noteref_28">28.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Wks. & Days</span></span>, 327-332.</dd><dt class="tei tei-notelabel"><a id="note_29" name="note_29" href="#noteref_29">29.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Id.</span></span> 353-5.</dd><dt class="tei tei-notelabel"><a id="note_30" name="note_30" href="#noteref_30">30.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> § 717, Trans. Jowett, +<span class="tei tei-hi"><span style="font-style: italic">cf.</span></span> 729 C and 931 <span class="tei tei-hi"><span style="font-variant: small-caps">A</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_31" name="note_31" href="#noteref_31">31.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Arist, <span class="tei tei-hi"><span style="font-style: italic">Ath. Pol.</span></span> lv. 3. +Isaeus, viii. 32. <span class="tei tei-q">“The law commands us to maintain (τρέφειν) +our parents even if they have nothing to leave us.”</span> <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Ruth +iv. 15 διαθρέψαι τὴν πολιάν σου. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> iv. 477 and xvii. 302. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +... οὐδὲ τοκεῦσιν<br /> +θρέπτα φίλοις ἀπέδωκε... +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Hesiod, <span class="tei tei-hi"><span style="font-style: italic">Works and Days</span></span>, 118. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +οὐδέ κεν οἵγε<br /> +γηράντεσσι τοκεῦσιν ἀπὸ θρεπτήρια δοῖεν<br /> +χειροδίκαι. +</p></dd><dt class="tei tei-notelabel"><a id="note_32" name="note_32" href="#noteref_32">32.</a></dt><dd class="tei tei-notetext">Plato, +<span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, 877 <span class="tei tei-hi"><span style="font-variant: small-caps">C</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_33" name="note_33" href="#noteref_33">33.</a></dt><dd class="tei tei-notetext">Aeschin. <span class="tei tei-hi"><span style="font-style: italic">c. +Timarch.</span></span> § 13.</dd><dt class="tei tei-notelabel"><a id="note_34" name="note_34" href="#noteref_34">34.</a></dt><dd class="tei tei-notetext">Isaeus, iv. 19 +(<span class="tei tei-hi"><span style="font-style: italic">Nicostrat.</span></span>).</dd><dt class="tei tei-notelabel"><a id="note_35" name="note_35" href="#noteref_35">35.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ordinances of Manu</span></span>, translated +by A. C. Burnell, edited by E. W. Hopkins. London: 1884. +Bk. ix. 106, 8, 182, 137, 161.</dd><dt class="tei tei-notelabel"><a id="note_36" name="note_36" href="#noteref_36">36.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, 721 +<span class="tei tei-hi"><span style="font-variant: small-caps">B</span></span>, Trans. Jowett, +<span class="tei tei-hi"><span style="font-style: italic">cf.</span></span> 923 <span class="tei tei-hi"><span style="font-variant: small-caps">A</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_37" name="note_37" href="#noteref_37">37.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Leoch.</span></span> 1090, +and <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxiii. 163, xvi. 455, xxiv. 793.</dd><dt class="tei tei-notelabel"><a id="note_38" name="note_38" href="#noteref_38">38.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Macart.</span></span> +1077.</dd><dt class="tei tei-notelabel"><a id="note_39" name="note_39" href="#noteref_39">39.</a></dt><dd class="tei tei-notetext">Isaeus, ii. 36 and 42.</dd><dt class="tei tei-notelabel"><a id="note_40" name="note_40" href="#noteref_40">40.</a></dt><dd class="tei tei-notetext">Arist. +<span class="tei tei-hi"><span style="font-style: italic">Pol.</span></span> 1, 2, 4, Ἡ κτῆσις +μέρος τῆς οἰκίας ἐστί.</dd><dt class="tei tei-notelabel"><a id="note_41" name="note_41" href="#noteref_41">41.</a></dt><dd class="tei tei-notetext">Plut. <span class="tei tei-hi"><span style="font-style: italic">Lycurg. and Numa</span></span> 4. +Xen. <span class="tei tei-hi"><span style="font-style: italic">Rep. Lac.</span></span> i. 7 to 9.</dd><dt class="tei tei-notelabel"><a id="note_42" name="note_42" href="#noteref_42">42.</a></dt><dd class="tei tei-notetext">From Xen. +<span class="tei tei-hi"><span style="font-style: italic">Rep. Lac.</span></span> i. 9, it would seem that such children, +born into a family where there were already children of both +father and mother, had no share in the family property.</dd><dt class="tei tei-notelabel"><a id="note_43" name="note_43" href="#noteref_43">43.</a></dt><dd class="tei tei-notetext">This was the practice also in +Arabia (Rob. Smith, <span class="tei tei-hi"><span style="font-style: italic">Kinship &c.</span></span>, +p. 110).</dd><dt class="tei tei-notelabel"><a id="note_44" name="note_44" href="#noteref_44">44.</a></dt><dd class="tei tei-notetext">Herod. v. 40.</dd><dt class="tei tei-notelabel"><a id="note_45" name="note_45" href="#noteref_45">45.</a></dt><dd class="tei tei-notetext">Herod. +vii. 205. Quoted by Hearn, <span class="tei tei-hi"><span style="font-style: italic">Aryan Household</span></span>, p. 71.</dd><dt class="tei tei-notelabel"><a id="note_46" name="note_46" href="#noteref_46">46.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Iliad</span></span> xv. 497.</dd><dt class="tei tei-notelabel"><a id="note_47" name="note_47" href="#noteref_47">47.</a></dt><dd class="tei tei-notetext">Is. vii. 30.</dd><dt class="tei tei-notelabel"><a id="note_48" name="note_48" href="#noteref_48">48.</a></dt><dd class="tei tei-notetext">Is. ii. 36.</dd><dt class="tei tei-notelabel"><a id="note_49" name="note_49" href="#noteref_49">49.</a></dt><dd class="tei tei-notetext">Is. iii. 59 and 60, vi. 28.</dd><dt class="tei tei-notelabel"><a id="note_50" name="note_50" href="#noteref_50">50.</a></dt><dd class="tei tei-notetext">For want of a better translation +implying <span class="tei tei-q">“going with the property”</span> this word will be rendered +by <span class="tei tei-q">“heiress.”</span></dd><dt class="tei tei-notelabel"><a id="note_51" name="note_51" href="#noteref_51">51.</a></dt><dd class="tei tei-notetext">Is. viii. 31. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> +συνουκεῖν in Dem. <span class="tei tei-hi"><span style="font-style: italic">in Neaeram</span></span> 1386.</dd><dt class="tei tei-notelabel"><a id="note_52" name="note_52" href="#noteref_52">52.</a></dt><dd class="tei tei-notetext">Demosth. <span class="tei tei-hi"><span style="font-style: italic">Steph</span></span>. ii. 1134. +Son. of ἐπίκληρος inherits (κρατεῖν τῶν χρημάτων) ἐπὶ δίετες; τὸν δὲ +σῖτον μετρεῖν τῇ μητρί.</dd><dt class="tei tei-notelabel"><a id="note_53" name="note_53" href="#noteref_53">53.</a></dt><dd class="tei tei-notetext">Is. vi. 14. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Ar. +<span class="tei tei-hi"><span style="font-style: italic">Vesp</span></span>. 583 <span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_54" name="note_54" href="#noteref_54">54.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span> ix. 131 and 132.</dd><dt class="tei tei-notelabel"><a id="note_55" name="note_55" href="#noteref_55">55.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> +136.</dd><dt class="tei tei-notelabel"><a id="note_56" name="note_56" href="#noteref_56">56.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> +135.</dd><dt class="tei tei-notelabel"><a id="note_57" name="note_57" href="#noteref_57">57.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, 924.</dd><dt class="tei tei-notelabel"><a id="note_58" name="note_58" href="#noteref_58">58.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Terence, +<span class="tei tei-hi"><span style="font-style: italic">Phormio</span></span> 125-6. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Lex est ut orbae, qui sunt genere proxumi,<br /> +Eis nubant, et illos ducere cadem haec lex jubet.<br /> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +and Diod. Sic. xii. 18: ὁ δὲ +ἀγχιστεὺς πλούσιος ὦν ἠναγκάσθη +γῆμαι γυναῖκα πενιχρὰν ἐπίκληρον +ἄνευ προικός. +</p></dd><dt class="tei tei-notelabel"><a id="note_59" name="note_59" href="#noteref_59">59.</a></dt><dd class="tei tei-notetext">Isaeus, iii. +64.</dd><dt class="tei tei-notelabel"><a id="note_60" name="note_60" href="#noteref_60">60.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ordinances</span></span> iii. 11.</dd><dt class="tei tei-notelabel"><a id="note_61" name="note_61" href="#noteref_61">61.</a></dt><dd class="tei tei-notetext">Isaeus, i. +39.</dd><dt class="tei tei-notelabel"><a id="note_62" name="note_62" href="#noteref_62">62.</a></dt><dd class="tei tei-notetext">vii. 15-ix. 24. We may +compare this with <span class="tei tei-hi"><span style="font-style: italic">Odyssey</span></span> vii. 60 +<span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span> where Alkinoos marries his +<em class="tei tei-emph"><span style="font-style: italic">niece</span></em>, Arete, the only child and +therefore ἐπίκληρος of his brother Rhexenor.</dd><dt class="tei tei-notelabel"><a id="note_63" name="note_63" href="#noteref_63">63.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">c. +Macart.</span></span> 1068 (<span class="tei tei-hi"><span style="font-style: italic">Law</span></span>)</dd><dt class="tei tei-notelabel"><a id="note_64" name="note_64" href="#noteref_64">64.</a></dt><dd class="tei tei-notetext">(Plut. <span class="tei tei-hi"><span style="font-style: italic">Solon</span></span> +21. ἐν τῷ γένει τοῦ τεθηκότος ἔδει τὰ χρήματα +καταμένειν. Plato, <span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> 925. A +heiress <em class="tei tei-emph"><span style="font-style: italic">must</span></em> marry a citizen. In +the Gortyn laws, if any one marry the heiress contrary to law, the +next of kin shall have the property).</dd><dt class="tei tei-notelabel"><a id="note_65" name="note_65" href="#noteref_65">65.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Dem. +<span class="tei tei-hi"><span style="font-style: italic">c.</span></span> <span class="tei tei-hi"><span style="font-style: italic">Macart</span></span>. 1076. +Widow only allowed to remain in her deceased husband's house +on plea of pregnancy and under the guardianship of the archon. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Dem. <span class="tei tei-hi"><span style="font-style: italic">c.</span></span> <span class="tei tei-hi"><span style="font-style: italic">Boeot</span></span>. 1010. Wife leaves +her husband's house and is portioned out again by her brothers. +</p></dd><dt class="tei tei-notelabel"><a id="note_66" name="note_66" href="#noteref_66">66.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Cf. <span class="tei tei-hi"><span style="font-style: italic">Ord. of +Manu</span></span> v. 147-8. <span class="tei tei-q">“No act is to be done according to +(her) own will by a young girl, a young woman, or even by an +old woman, though in (their own) houses.</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“In her childhood (a girl) should be under the will of her +father; in her youth, of her husband; her husband being dead, +of her sons; a woman should never enjoy her own will.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_67" name="note_67" href="#noteref_67">67.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Dem. +<span class="tei tei-hi"><span style="font-style: italic">c.</span></span> <span class="tei tei-hi"><span style="font-style: italic">Spoud</span></span>. 1029. Father +takes away daughter and gives her to another. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> also Dem. <span class="tei tei-hi"><span style="font-style: italic">c.</span></span> +<span class="tei tei-hi"><span style="font-style: italic">Eubulid</span></span>. 1311. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Isaeus, v. 10. By coming into an inheritance from his first +cousin, a man also becomes guardian (ἐπίτροπος καὶ κύριος) of his +three female first cousins, though all married.</p></dd><dt class="tei tei-notelabel"><a id="note_68" name="note_68" href="#noteref_68">68.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">pro Phormio.</span></span> 953.</dd><dt class="tei tei-notelabel"><a id="note_69" name="note_69" href="#noteref_69">69.</a></dt><dd class="tei tei-notetext">As in Isaeus, ii. 7 and 8.</dd><dt class="tei tei-notelabel"><a id="note_70" name="note_70" href="#noteref_70">70.</a></dt><dd class="tei tei-notetext">ix. 70. &c.</dd><dt class="tei tei-notelabel"><a id="note_71" name="note_71" href="#noteref_71">71.</a></dt><dd class="tei tei-notetext">vii. 11 and 12.</dd><dt class="tei tei-notelabel"><a id="note_72" name="note_72" href="#noteref_72">72.</a></dt><dd class="tei tei-notetext">Gen. xxxviii. 10.</dd><dt class="tei tei-notelabel"><a id="note_73" name="note_73" href="#noteref_73">73.</a></dt><dd class="tei tei-notetext">Ruth i. 8-12.</dd><dt class="tei tei-notelabel"><a id="note_74" name="note_74" href="#noteref_74">74.</a></dt><dd class="tei tei-notetext">For the meaning of ἀγχιστεύς see below +p. <a href="#Pg055" class="tei tei-ref">55</a>.</dd><dt class="tei tei-notelabel"><a id="note_75" name="note_75" href="#noteref_75">75.</a></dt><dd class="tei tei-notetext">xi. 49.</dd><dt class="tei tei-notelabel"><a id="note_76" name="note_76" href="#noteref_76">76.</a></dt><dd class="tei tei-notetext">Isaeus, vii. 31.</dd><dt class="tei tei-notelabel"><a id="note_77" name="note_77" href="#noteref_77">77.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">c. Macart.</span></span> 1077.</dd><dt class="tei tei-notelabel"><a id="note_78" name="note_78" href="#noteref_78">78.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Leochar.</span></span> 1093. ἐκ +τῶν κατὰ γένος ἐγγυτάτω εἰσποιεῖν υἱὸν τῷ τετελευτηκότι ὅπως ἄν ὁ +οἶκος μὴ ἐξερημωθῇ.</dd><dt class="tei tei-notelabel"><a id="note_79" name="note_79" href="#noteref_79">79.</a></dt><dd class="tei tei-notetext">Is. x. 17.</dd><dt class="tei tei-notelabel"><a id="note_80" name="note_80" href="#noteref_80">80.</a></dt><dd class="tei tei-notetext">Arist. <span class="tei tei-hi"><span style="font-style: italic">Pol.</span></span> 1, 2, 4 Ἡ κτῆσις +μέρος τῆς οἰκίας ἐστί.</dd><dt class="tei tei-notelabel"><a id="note_81" name="note_81" href="#noteref_81">81.</a></dt><dd class="tei tei-notetext">Is. ii. 14.</dd><dt class="tei tei-notelabel"><a id="note_82" name="note_82" href="#noteref_82">82.</a></dt><dd class="tei tei-notetext">Is. vii. 1, 16, 13 +and 27.</dd><dt class="tei tei-notelabel"><a id="note_83" name="note_83" href="#noteref_83">83.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. +Eubulid.</span></span> 1315.</dd><dt class="tei tei-notelabel"><a id="note_84" name="note_84" href="#noteref_84">84.</a></dt><dd class="tei tei-notetext">Is. vi. 25.</dd><dt class="tei tei-notelabel"><a id="note_85" name="note_85" href="#noteref_85">85.</a></dt><dd class="tei tei-notetext">Andoc. <span class="tei tei-hi"><span style="font-style: italic">de +Myst.</span></span> 126.</dd><dt class="tei tei-notelabel"><a id="note_86" name="note_86" href="#noteref_86">86.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Macart.</span></span> 1054 and +1078.</dd><dt class="tei tei-notelabel"><a id="note_87" name="note_87" href="#noteref_87">87.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Leoch.</span></span> +1091. Isaeus iii. 80 and viii. 18.</dd><dt class="tei tei-notelabel"><a id="note_88" name="note_88" href="#noteref_88">88.</a></dt><dd class="tei tei-notetext">Isaeus ix. 7 (<span class="tei tei-hi"><span style="font-style: italic">Astyph.</span></span>) +τελευτήσαντι αὐτῷ καὶ τοῖς ἐκείνου προγόνοις τά νομιζόμενα ποισει.</dd><dt class="tei tei-notelabel"><a id="note_89" name="note_89" href="#noteref_89">89.</a></dt><dd class="tei tei-notetext">Isaeus vi. 44; ix. 2 and 33; +x. 2 and 4. Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Leoch.</span></span> passim. <span class="tei tei-hi"><span style="font-style: italic">Cf. +Manu</span></span>, ix. 142.</dd><dt class="tei tei-notelabel"><a id="note_90" name="note_90" href="#noteref_90">90.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Leoch.</span></span> 1094, 1099, +and (<span class="tei tei-hi"><span style="font-style: italic">lex Solonis</span></span>) 1100.</dd><dt class="tei tei-notelabel"><a id="note_91" name="note_91" href="#noteref_91">91.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> 1090.</dd><dt class="tei tei-notelabel"><a id="note_92" name="note_92" href="#noteref_92">92.</a></dt><dd class="tei tei-notetext">Mayne on +<span class="tei tei-hi"><span style="font-style: italic">Hindu Law</span></span> (1892), p. 105 and 162.</dd><dt class="tei tei-notelabel"><a id="note_93" name="note_93" href="#noteref_93">93.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Op. cit.</span></span> p. 141-2 and 189. +<span class="tei tei-hi"><span style="font-style: italic">Manu</span></span> ix. 142. He offers no cake +to his original ancestors.</dd><dt class="tei tei-notelabel"><a id="note_94" name="note_94" href="#noteref_94">94.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Thes.</span></span> 5.</dd><dt class="tei tei-notelabel"><a id="note_95" name="note_95" href="#noteref_95">95.</a></dt><dd class="tei tei-notetext">ἀπάρχεσθαι: in +Homer to <span class="tei tei-q">“begin”</span> a sacrifice by offering the +<em class="tei tei-emph"><span style="font-style: italic">hair</span></em> of the victim. Later, to <span class="tei tei-q">“dedicate.”</span></dd><dt class="tei tei-notelabel"><a id="note_96" name="note_96" href="#noteref_96">96.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ii. 542 ὄπιθεν κομόωντες.</dd><dt class="tei tei-notelabel"><a id="note_97" name="note_97" href="#noteref_97">97.</a></dt><dd class="tei tei-notetext">Herod, iii. 8. The Arabs cut +their hair in a ring away from the temples.</dd><dt class="tei tei-notelabel"><a id="note_98" name="note_98" href="#noteref_98">98.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxiii. 141-6.</dd><dt class="tei tei-notelabel"><a id="note_99" name="note_99" href="#noteref_99">99.</a></dt><dd class="tei tei-notetext">Paus. i. 37, 3.</dd><dt class="tei tei-notelabel"><a id="note_100" name="note_100" href="#noteref_100">100.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Char.</span></span> 21.</dd><dt class="tei tei-notelabel"><a id="note_101" name="note_101" href="#noteref_101">101.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Deipnosoph.</span></span> xi. +88.</dd><dt class="tei tei-notelabel"><a id="note_102" name="note_102" href="#noteref_102">102.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span> ii. 65.</dd><dt class="tei tei-notelabel"><a id="note_103" name="note_103" href="#noteref_103">103.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> ii. 38. This was the last +year that a Brahman could receive investiture.</dd><dt class="tei tei-notelabel"><a id="note_104" name="note_104" href="#noteref_104">104.</a></dt><dd class="tei tei-notetext">Isaeus, vi. 10.</dd><dt class="tei tei-notelabel"><a id="note_105" name="note_105" href="#noteref_105">105.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Anc. Grk. Inscr.</span></span> Brit. Mus. +cccxv. cccxvii. and cccxviii. Oath of mother required before legitimacy +registered, in the island of Kalymna.</dd><dt class="tei tei-notelabel"><a id="note_106" name="note_106" href="#noteref_106">106.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Aristot. <span class="tei tei-hi"><span style="font-style: italic">Ath. +Pol.</span></span> xlii.</dd><dt class="tei tei-notelabel"><a id="note_107" name="note_107" href="#noteref_107">107.</a></dt><dd class="tei tei-notetext">Isaeus, iii. 75.</dd><dt class="tei tei-notelabel"><a id="note_108" name="note_108" href="#noteref_108">108.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> vi. 47. +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Deuteronomy xxiii. i.</dd><dt class="tei tei-notelabel"><a id="note_109" name="note_109" href="#noteref_109">109.</a></dt><dd class="tei tei-notetext">Robertson Smith, +<span class="tei tei-hi"><span style="font-style: italic">Kinship, &c. in Arabia</span></span>, p. 262.</dd><dt class="tei tei-notelabel"><a id="note_110" name="note_110" href="#noteref_110">110.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">in Euerg.</span></span> and +<span class="tei tei-hi"><span style="font-style: italic">Mnesib.</span></span> 1160.</dd><dt class="tei tei-notelabel"><a id="note_111" name="note_111" href="#noteref_111">111.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">Macart.</span></span> 1069. +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Deut. xxi. 1-9.</dd><dt class="tei tei-notelabel"><a id="note_112" name="note_112" href="#noteref_112">112.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf. Od.</span></span> iii. 195.</dd><dt class="tei tei-notelabel"><a id="note_113" name="note_113" href="#noteref_113">113.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ix. 63.<br /> +ἀφρήτωρ, ἀθέμιστος, ἀνέστιός ἐστιν ἐκεῖνος,<br /> +ὅς πολέμου ἔραται ἐπιδημίου ὀκρυόεντος.</dd><dt class="tei tei-notelabel"><a id="note_114" name="note_114" href="#noteref_114">114.</a></dt><dd class="tei tei-notetext">Il. xiii. 695. +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> xv. 335.</dd><dt class="tei tei-notelabel"><a id="note_115" name="note_115" href="#noteref_115">115.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xvi. 572.</dd><dt class="tei tei-notelabel"><a id="note_116" name="note_116" href="#noteref_116">116.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ii. 662.</dd><dt class="tei tei-notelabel"><a id="note_117" name="note_117" href="#noteref_117">117.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf. Od.</span></span> xiii. 259, xiv. 380.</dd><dt class="tei tei-notelabel"><a id="note_118" name="note_118" href="#noteref_118">118.</a></dt><dd class="tei tei-notetext">Quoted in Dem. +<span class="tei tei-hi"><span style="font-style: italic">c. Aristocrat.</span></span> 629.</dd><dt class="tei tei-notelabel"><a id="note_119" name="note_119" href="#noteref_119">119.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> 865 d.</dd><dt class="tei tei-notelabel"><a id="note_120" name="note_120" href="#noteref_120">120.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> +871. Soph. O.C. 407. Oedipus could not be buried on +Theban soil, because he had shed ἔμφυλον αἷμα.</dd><dt class="tei tei-notelabel"><a id="note_121" name="note_121" href="#noteref_121">121.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf</span></span>. Aeschines in +<span class="tei tei-hi"><span style="font-style: italic">Ctesiph.</span></span> 244.</dd><dt class="tei tei-notelabel"><a id="note_122" name="note_122" href="#noteref_122">122.</a></dt><dd class="tei tei-notetext">ix. 17-19. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Dem. +<span class="tei tei-hi"><span style="font-style: italic">c. Pantaen.</span></span> 983, 59.</dd><dt class="tei tei-notelabel"><a id="note_123" name="note_123" href="#noteref_123">123.</a></dt><dd class="tei tei-notetext">Plato, <span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> 871 +<span class="tei tei-hi"><span style="font-variant: small-caps">D</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_124" name="note_124" href="#noteref_124">124.</a></dt><dd class="tei tei-notetext">Plato, +<span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> 871 <span class="tei tei-hi"><span style="font-variant: small-caps">B</span></span>. +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span>868.</dd><dt class="tei tei-notelabel"><a id="note_125" name="note_125" href="#noteref_125">125.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> 872 +<span class="tei tei-hi"><span style="font-variant: small-caps">E</span></span>. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Tacitus, +<span class="tei tei-hi"><span style="font-style: italic">Germania</span></span>, 21. Suscipere tam inimicitias +seu patris seu propinqui quam amicitias necesse est. Nec implacabiles +durant: luitur enim etiam homicidium certo armentorum ac pecorum +numero, <em class="tei tei-emph"><span style="font-style: italic">recipitque satisfactionem universa domus</span></em>, utiliter in +publicum, quia periculosiores sunt inimicitiae juxta libertatem.</dd><dt class="tei tei-notelabel"><a id="note_126" name="note_126" href="#noteref_126">126.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> 873 +<span class="tei tei-hi"><span style="font-variant: small-caps">E</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_127" name="note_127" href="#noteref_127">127.</a></dt><dd class="tei tei-notetext">Herod. i. 44.</dd><dt class="tei tei-notelabel"><a id="note_128" name="note_128" href="#noteref_128">128.</a></dt><dd class="tei tei-notetext">v. +<span class="tei tei-hi"><span style="font-style: italic">infra</span></span> p. <a href="#Pg090" class="tei tei-ref">90</a> <span class="tei tei-hi"><span style="font-style: italic">et +seq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_129" name="note_129" href="#noteref_129">129.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">c. +Leoch.</span></span> 1083.</dd><dt class="tei tei-notelabel"><a id="note_130" name="note_130" href="#noteref_130">130.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. +Macart.</span></span> 1055-6.</dd><dt class="tei tei-notelabel"><a id="note_131" name="note_131" href="#noteref_131">131.</a></dt><dd class="tei tei-notetext">Isaeus, +viii. 32.</dd><dt class="tei tei-notelabel"><a id="note_132" name="note_132" href="#noteref_132">132.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Venedotian Code</span></span>, +ii. xii.</dd><dt class="tei tei-notelabel"><a id="note_133" name="note_133" href="#noteref_133">133.</a></dt><dd class="tei tei-notetext">Lady Charlotte Guest's +<span class="tei tei-hi"><span style="font-style: italic">Mabinogion</span></span>, p. 234.</dd><dt class="tei tei-notelabel"><a id="note_134" name="note_134" href="#noteref_134">134.</a></dt><dd class="tei tei-notetext">cxxviii-cxxxi.</dd><dt class="tei tei-notelabel"><a id="note_135" name="note_135" href="#noteref_135">135.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Dimetian Code</span></span>, ii. xxiii.</dd><dt class="tei tei-notelabel"><a id="note_136" name="note_136" href="#noteref_136">136.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span>, ix. 186.</dd><dt class="tei tei-notelabel"><a id="note_137" name="note_137" href="#noteref_137">137.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span>, iii. 5.</dd><dt class="tei tei-notelabel"><a id="note_138" name="note_138" href="#noteref_138">138.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span> v. 60.</dd><dt class="tei tei-notelabel"><a id="note_139" name="note_139" href="#noteref_139">139.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Gwentian Code</span></span>, ii. viii.</dd><dt class="tei tei-notelabel"><a id="note_140" name="note_140" href="#noteref_140">140.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> 1076.</dd><dt class="tei tei-notelabel"><a id="note_141" name="note_141" href="#noteref_141">141.</a></dt><dd class="tei tei-notetext">Cf. <span class="tei tei-hi"><span style="font-style: italic">infra</span></span>, tree on p. +<a href="#Pg062" class="tei tei-ref">62</a>.</dd><dt class="tei tei-notelabel"><a id="note_142" name="note_142" href="#noteref_142">142.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. +Makart.</span></span> 1055-6.</dd><dt class="tei tei-notelabel"><a id="note_143" name="note_143" href="#noteref_143">143.</a></dt><dd class="tei tei-notetext">Dem. +<span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> 1077.</dd><dt class="tei tei-notelabel"><a id="note_144" name="note_144" href="#noteref_144">144.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Id.</span></span> 1078 +<span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_145" name="note_145" href="#noteref_145">145.</a></dt><dd class="tei tei-notetext">Isaeus, +vii. 22, and xi. i.</dd><dt class="tei tei-notelabel"><a id="note_146" name="note_146" href="#noteref_146">146.</a></dt><dd class="tei tei-notetext">Isaeus, +xi. 30.</dd><dt class="tei tei-notelabel"><a id="note_147" name="note_147" href="#noteref_147">147.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> +1067.</dd><dt class="tei tei-notelabel"><a id="note_148" name="note_148" href="#noteref_148">148.</a></dt><dd class="tei tei-notetext">In Dem. +<span class="tei tei-hi"><span style="font-style: italic">c. Leochar.</span></span> 1088. ἀνεψιαδοῦς is used to denote the +relationship of a man to the adopted son of his great-uncle, or, as +we should say, first cousin once removed.</dd><dt class="tei tei-notelabel"><a id="note_149" name="note_149" href="#noteref_149">149.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> 1053.</dd><dt class="tei tei-notelabel"><a id="note_150" name="note_150" href="#noteref_150">150.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. +Makart.</span></span> and <span class="tei tei-hi"><span style="font-style: italic">c. Leoch.</span></span> 1100, &c.</dd><dt class="tei tei-notelabel"><a id="note_151" name="note_151" href="#noteref_151">151.</a></dt><dd class="tei tei-notetext">The wife's +kin are no kin to her husband, but <em class="tei tei-emph"><span style="font-style: italic">are</span></em> to her son.</dd><dt class="tei tei-notelabel"><a id="note_152" name="note_152" href="#noteref_152">152.</a></dt><dd class="tei tei-notetext">Plato, <span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, +929 c. Trans. Jowett.</dd><dt class="tei tei-notelabel"><a id="note_153" name="note_153" href="#noteref_153">153.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> 1058.</dd><dt class="tei tei-notelabel"><a id="note_154" name="note_154" href="#noteref_154">154.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Id.</span></span> 1070.</dd><dt class="tei tei-notelabel"><a id="note_155" name="note_155" href="#noteref_155">155.</a></dt><dd class="tei tei-notetext">Mentioned in Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> +1056.</dd><dt class="tei tei-notelabel"><a id="note_156" name="note_156" href="#noteref_156">156.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Supra</span></span>, p. +<a href="#Pg056" class="tei tei-ref">56</a>.</dd><dt class="tei tei-notelabel"><a id="note_157" name="note_157" href="#noteref_157">157.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> 1068, +<span class="tei tei-hi"><span style="font-style: italic">supra</span></span>, p. 26.</dd><dt class="tei tei-notelabel"><a id="note_158" name="note_158" href="#noteref_158">158.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Welsh Laws</span></span>, iv. i. and x. +vii. Exception is made for the <em class="tei tei-emph"><span style="font-style: italic">son of a stranger chieftain</span></em>.</dd><dt class="tei tei-notelabel"><a id="note_159" name="note_159" href="#noteref_159">159.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Welsh +Laws</span></span>, v. ii. and <span class="tei tei-hi"><span style="font-style: italic">Vened. Code</span></span>, ii. xvi. and elsewhere.</dd><dt class="tei tei-notelabel"><a id="note_160" name="note_160" href="#noteref_160">160.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Welsh Laws</span></span>, v. ii.</dd><dt class="tei tei-notelabel"><a id="note_161" name="note_161" href="#noteref_161">161.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Welsh Laws</span></span>, xiii. ii.</dd><dt class="tei tei-notelabel"><a id="note_162" name="note_162" href="#noteref_162">162.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Venedotian Code</span></span>, ii. xiv. and +<span class="tei tei-hi"><span style="font-style: italic">Gwentian Code</span></span>, ii. xxx. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> the +Shunammite's <span class="tei tei-hi"><span style="font-style: italic">cry unto the King</span></span> +for restoration of her house and fields after an absence of seven +years. 2 Kings viii. 3.</dd><dt class="tei tei-notelabel"><a id="note_163" name="note_163" href="#noteref_163">163.</a></dt><dd class="tei tei-notetext">Gen. xlviii. 5. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Pindar, +<span class="tei tei-hi"><span style="font-style: italic">Ol.</span></span> viii. 46. Troy to be subdued +by children of Aeacus in first and fourth generations.</dd><dt class="tei tei-notelabel"><a id="note_164" name="note_164" href="#noteref_164">164.</a></dt><dd class="tei tei-notetext">Dem. +<span class="tei tei-hi"><span style="font-style: italic">in Neaer.</span></span> 1376.</dd><dt class="tei tei-notelabel"><a id="note_165" name="note_165" href="#noteref_165">165.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Anc. +Inscrip.</span></span> Brit. Mus. ccxxxviii. Citizenship had to be +confirmed on son of foreigner admitted to citizenship.</dd><dt class="tei tei-notelabel"><a id="note_166" name="note_166" href="#noteref_166">166.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ath. Pol.</span></span> lv. 3.</dd><dt class="tei tei-notelabel"><a id="note_167" name="note_167" href="#noteref_167">167.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Pollux, viii. 85: εἰ +Ἀθηναῖοί εἰσιν ἑκατερωθεν ἐκ τριγονίας.</dd><dt class="tei tei-notelabel"><a id="note_168" name="note_168" href="#noteref_168">168.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Aristot. <span class="tei tei-hi"><span style="font-style: italic">Pol.</span></span> +iii. 2: +ὁρίζονται δὲ πρὸς τὴν χρῆσιν +πολίτην τὸν ἔξ ἀμφοτέρων πολιτῶν +καὶ μὴ θατέρου μόνον, οἷον πατρὸς ἢ +μητρός, οἳ δὲ καὶ τοῦτ᾽ ἐπὶ πλέον +ζητοῦσιν, οἷον ἐπὶ πάππους δύο ἢ +τρεῖς ἢ πλείους.</dd><dt class="tei tei-notelabel"><a id="note_169" name="note_169" href="#noteref_169">169.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Oed. +Tyr.</span></span> 742 and 1063 +quoted by Hearn, <span class="tei tei-hi"><span style="font-style: italic">Aryan Household</span></span>, +p. 206.<br /> +<br /> +θάρσει; σὺ μὲν γὰρ οὐδ᾽ ἐὰν τρίτης ἐγὼ<br /> +μητρὸς φανῶ τρίδουλος, ἐκφανεῖ κακή ...<br /> +<br /> +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Demosth. 1327. πονηρὸς +ἐκ τριγονίας.</dd><dt class="tei tei-notelabel"><a id="note_170" name="note_170" href="#noteref_170">170.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Handbuch der Griechischen +Staatsalterthümer</span></span>, von G. Gilbert, ii. p. 298, quotation from Dittenberger +371, 4 ff.:—(ὁ) πριάμε(νος τ)ὴν ἱερητείαν τῆς Ἀρτέμιδος τῆς +Περ(γα)ίας π(αρ)έξετα(ι ἱ)έρειαν ἀστὴν ἐξ ἀστῶν ἀμφοτέρων ἐπὶ +(τ)ρεῖς γενεὰς γεγενημένην καὶ πρὸς πατρὸς καὶ πρὸς μητρός.</dd><dt class="tei tei-notelabel"><a id="note_171" name="note_171" href="#noteref_171">171.</a></dt><dd class="tei tei-notetext">Nehemiah vii. 64.</dd><dt class="tei tei-notelabel"><a id="note_172" name="note_172" href="#noteref_172">172.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span>, x. 64.</dd><dt class="tei tei-notelabel"><a id="note_173" name="note_173" href="#noteref_173">173.</a></dt><dd class="tei tei-notetext">Plato's <span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, ix. 871 B.</dd><dt class="tei tei-notelabel"><a id="note_174" name="note_174" href="#noteref_174">174.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> 868.</dd><dt class="tei tei-notelabel"><a id="note_175" name="note_175" href="#noteref_175">175.</a></dt><dd class="tei tei-notetext">872 +E.</dd><dt class="tei tei-notelabel"><a id="note_176" name="note_176" href="#noteref_176">176.</a></dt><dd class="tei tei-notetext">878 D.</dd><dt class="tei tei-notelabel"><a id="note_177" name="note_177" href="#noteref_177">177.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. +Makart</span></span>, 1069. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is some uncertainty in +the text of this passage, but the +following is Blass' reading adopted +by Kohler:—προειπεῖν τῷ κτείναντι ἐν ἀγορᾷ ἐντὸς ἀνεψιότητος +καὶ ἀνεψιοῦ συνδίωκειν δὲ καὶ ἀνεψιοὺς καὶ ἀνεψιῶν παῖδας καὶ +ἀνεψιαδοῦς καὶ γαμβροὺς καὶ πενθέρους καὶ φράτορας. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am indebted to Mr. J. W. +Headlam for this information, and +also for the fact of the discovery +of the confirmatory inscription. +</p></dd><dt class="tei tei-notelabel"><a id="note_178" name="note_178" href="#noteref_178">178.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">c. Euerg. et Mnesib.</span></span> +1161. κελεύει ὁ νόμος τοὺς προσήκοντας ἐπεξιέναι μέχρι +ἀνεψιαδῶν; καὶ ἐν τῷ ὅρκῳ διορίζεται ὅτι προσήκων ἐστι +etc.... <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Pollux, viii. 118 +(obviously quoting this passage).</dd><dt class="tei tei-notelabel"><a id="note_179" name="note_179" href="#noteref_179">179.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, 877 c.</dd><dt class="tei tei-notelabel"><a id="note_180" name="note_180" href="#noteref_180">180.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> 2 Sam. +xiv. 7. House extinguished for fratricide.</dd><dt class="tei tei-notelabel"><a id="note_181" name="note_181" href="#noteref_181">181.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Dimetian Code</span></span>, ii. +i.</dd><dt class="tei tei-notelabel"><a id="note_182" name="note_182" href="#noteref_182">182.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Gwentian Code</span></span>, +ii. viii. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> +Sapinda and Samānodaka: both owe rites at death of kinsman. +Manu, ix. 186, and v. 60, quoted above.</dd><dt class="tei tei-notelabel"><a id="note_183" name="note_183" href="#noteref_183">183.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Venedotian Code</span></span>, iii. i.</dd><dt class="tei tei-notelabel"><a id="note_184" name="note_184" href="#noteref_184">184.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Inscript. Jurid. Grecques</span></span> par +Dareste, &c., 1891, p. 10. Inscription found at Iulis in Keos. +<span class="tei tei-hi"><span style="font-style: italic">Fifth century</span></span> <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span> +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Numbers xix. 14.</dd><dt class="tei tei-notelabel"><a id="note_185" name="note_185" href="#noteref_185">185.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">c. Makart.</span></span> 1071.</dd><dt class="tei tei-notelabel"><a id="note_186" name="note_186" href="#noteref_186">186.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Welsh Laws</span></span>, vol. i. 229. Cf. +<span class="tei tei-hi"><span style="font-style: italic">Ord. of Manu</span></span>, ix. 201, where list +of those incapable of receiving inheritance includes eunuchs.</dd><dt class="tei tei-notelabel"><a id="note_187" name="note_187" href="#noteref_187">187.</a></dt><dd class="tei tei-notetext">ὁ περὶ τῶν κλήρων καὶ +ἐπικλήρων. <span class="tei tei-hi"><span style="font-style: italic">Pol. Ath.</span></span> 9.</dd><dt class="tei tei-notelabel"><a id="note_188" name="note_188" href="#noteref_188">188.</a></dt><dd class="tei tei-notetext">Cf. <span class="tei tei-hi"><span style="font-style: italic">Cic. de Legibus</span></span> +ii. 21. Nam sacra cum pecunia pontificum +auctoritate, nulla lege conjuncta sunt.</dd><dt class="tei tei-notelabel"><a id="note_189" name="note_189" href="#noteref_189">189.</a></dt><dd class="tei tei-notetext">Dem. <span class="tei tei-hi"><span style="font-style: italic">in Calliclem</span></span>, 13-14. +Coulanges, <span class="tei tei-hi"><span style="font-style: italic">Problèmes d'Histoire</span></span>, +p. 19.</dd><dt class="tei tei-notelabel"><a id="note_190" name="note_190" href="#noteref_190">190.</a></dt><dd class="tei tei-notetext">Arist. <span class="tei tei-hi"><span style="font-style: italic">Pol. Ath.</span></span> +lv. 3; Harpocration, ὅτι δὲ τούτοις μετῆν τῆς πολιτείας οἷς εἴη Ζεὺς ἑρκεῖος, +δεδήλωκε καὶ Ὑπερείδης ...</dd><dt class="tei tei-notelabel"><a id="note_191" name="note_191" href="#noteref_191">191.</a></dt><dd class="tei tei-notetext">In other words, the devisee +could not possess the property devised to him until his place as +heir in the succession by blood or adoption was legally established.</dd><dt class="tei tei-notelabel"><a id="note_192" name="note_192" href="#noteref_192">192.</a></dt><dd class="tei tei-notetext">Isaeus, i. 17. The +<span class="tei tei-q">“friendship”</span> insured that his presence +and officiating at the tomb would be acceptable to the soul of the +deceased—always an important consideration.</dd><dt class="tei tei-notelabel"><a id="note_193" name="note_193" href="#noteref_193">193.</a></dt><dd class="tei tei-notetext">Thuc. i. 2. Νεμόμενοί τε τὰ αὑτῶν ἔκαστοι ὅσον +ἀποζῇν, καὶ περιουσίαν χρημάτων οὐκ ἔχοντες οὐδὲ γῆν φυτεύοντες, ἄδηλον ὃν +ὁπότε τις ἐπελθὼν καὶ ἀτειχίστων ἅμα ὄντων ἄλλος ἀφαιρήσεται.</dd><dt class="tei tei-notelabel"><a id="note_194" name="note_194" href="#noteref_194">194.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> 21. 16. Cf. +<span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xi. 682 <span class="tei tei-hi"><span style="font-style: italic">sq.</span></span> where the booty consists of +50 herds of kine, 50 flocks of sheep, 50 droves of swine, 50 +flocks of goats, and 150 chestnut mares, many with foals at foot.</dd><dt class="tei tei-notelabel"><a id="note_195" name="note_195" href="#noteref_195">195.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xx. 216-8.</dd><dt class="tei tei-notelabel"><a id="note_196" name="note_196" href="#noteref_196">196.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxi. 602. +Cf. <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> iii. 495.</dd><dt class="tei tei-notelabel"><a id="note_197" name="note_197" href="#noteref_197">197.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Consular +Reports</span></span>, p. 20.</dd><dt class="tei tei-notelabel"><a id="note_198" name="note_198" href="#noteref_198">198.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ibid.</span></span></dd><dt class="tei tei-notelabel"><a id="note_199" name="note_199" href="#noteref_199">199.</a></dt><dd class="tei tei-notetext">P. 199.</dd><dt class="tei tei-notelabel"><a id="note_200" name="note_200" href="#noteref_200">200.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Consular Reports</span></span>, pp. 23 and +30.</dd><dt class="tei tei-notelabel"><a id="note_201" name="note_201" href="#noteref_201">201.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ibid.</span></span> p. +26.</dd><dt class="tei tei-notelabel"><a id="note_202" name="note_202" href="#noteref_202">202.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ibid.</span></span> p. 40.</dd><dt class="tei tei-notelabel"><a id="note_203" name="note_203" href="#noteref_203">203.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ibid.</span></span> p. 49.</dd><dt class="tei tei-notelabel"><a id="note_204" name="note_204" href="#noteref_204">204.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“The Homeric Land System,”</span> +<span class="tei tei-hi"><span style="font-style: italic">Journal of Hellenic Studies</span></span>, 1885.</dd><dt class="tei tei-notelabel"><a id="note_205" name="note_205" href="#noteref_205">205.</a></dt><dd class="tei tei-notetext">Isaeus, xi. 49 (Hagnias).</dd><dt class="tei tei-notelabel"><a id="note_206" name="note_206" href="#noteref_206">206.</a></dt><dd class="tei tei-notetext">Harp. <span class="tei tei-hi"><span style="font-style: italic">s. v.</span></span> +ἀφ᾽ Ἑστίας μυεῖσθαι; Ἰσαῖος ἐν τῷ πρὸς Καλυδῶνα. ὁ ἀφ᾽ Ἑστίας μυούμενος +Ἀθηναῖος ἦν πάντως. κλήρῳ δὲ λαχὼν ἐμυεῖτο.</dd><dt class="tei tei-notelabel"><a id="note_207" name="note_207" href="#noteref_207">207.</a></dt><dd class="tei tei-notetext">Isaeus, vii. 15 and 27, +(Apollod.)</dd><dt class="tei tei-notelabel"><a id="note_208" name="note_208" href="#noteref_208">208.</a></dt><dd class="tei tei-notetext">1055 <span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span> +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> 1149 where one brother lives with his father +after the division, whilst his brother has a house of his own: +and 1086 where two brothers live apart but with undivided estate.</dd><dt class="tei tei-notelabel"><a id="note_209" name="note_209" href="#noteref_209">209.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xv. 187 +<span class="tei tei-hi"><span style="font-style: italic">sq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_210" name="note_210" href="#noteref_210">210.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> +xiii. 355.</dd><dt class="tei tei-notelabel"><a id="note_211" name="note_211" href="#noteref_211">211.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> +the use of ἠθεῖος (<span class="tei tei-q">“revered”</span>) as the stock epithet of +the <em class="tei tei-emph"><span style="font-style: italic">eldest</span></em> brother in Homer <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +vi. 518, and elsewhere. Pollux, <span class="tei tei-hi"><span style="font-style: italic">On.</span></span> 3, 24, states that this is the +right use of the word.</dd><dt class="tei tei-notelabel"><a id="note_212" name="note_212" href="#noteref_212">212.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> +xiii. 142.</dd><dt class="tei tei-notelabel"><a id="note_213" name="note_213" href="#noteref_213">213.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +iv. 59 <span class="tei tei-hi"><span style="font-style: italic">sq.</span></span><br /> +<br /> +Καὶ γὰρ ἐγὼ θεός εἰμι, γένος δὲ μοι ἔνθεν, ὅθεν σοι;<br /> +καὶ με πρεσβυτάτην τέκετο Κρόνος ἀγκυλομήτης,<br /> +ἀμφότερον, γενεῇ τε καὶ οὕνεκα σὴ παράκοιτις<br /> +κέκλημαι; σὺ δὲ πᾶσι μετ᾽ ἀθανάτοισιν ἀνάσσεις.</dd><dt class="tei tei-notelabel"><a id="note_214" name="note_214" href="#noteref_214">214.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> i. 397, +<span class="tei tei-hi"><span style="font-style: italic">cf.</span></span> ix. 115.</dd><dt class="tei tei-notelabel"><a id="note_215" name="note_215" href="#noteref_215">215.</a></dt><dd class="tei tei-notetext">xxix. Εἰς Ἑστίαν.<br /> +<br /> +Ἑστιη, ἣ πάντων ἐν δώμασιν ὑψηλοῖσιν<br /> +ἀθανάτων τε θεῶν χαμαὶ ἐρχομένων τ᾽ ἀνθρώπων<br /> +ἕδρην ἀίδιον ἔλαχε, πρεσβηίδα τιμὴν,<br /> +καλὸν ἔχουσα γέρας καὶ τίμιον; οὐ γὰρ ἄτερ σοῦ<br /> +εἰλαπίναι θνητοῖσιν, ἵν᾽ οὐ πρώτῃ πυμάτῃ τε<br /> +Ἑστίῃ ἀρχόμενος σπένδει μελιηδέα οἶνον.</dd><dt class="tei tei-notelabel"><a id="note_216" name="note_216" href="#noteref_216">216.</a></dt><dd class="tei tei-notetext">Pol. I. 2, 6. πᾶσα γὰρ οἰκία +βασιλεύεται ὑπὸ τοῦ πρεσβυτάτου. +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> use of πρεσβεύεσθαι in +<span class="tei tei-hi"><span style="font-style: italic">Aesch. Ag.</span></span> 1300, <span class="tei tei-hi"><span style="font-style: italic">Choeph.</span></span> 486 +and 631.</dd><dt class="tei tei-notelabel"><a id="note_217" name="note_217" href="#noteref_217">217.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Gortyn Law</span></span>, iv. 24, +<span class="tei tei-hi"><span style="font-style: italic">supra</span></span> p. <a href="#Pg047" class="tei tei-ref">47</a>.</dd><dt class="tei tei-notelabel"><a id="note_218" name="note_218" href="#noteref_218">218.</a></dt><dd class="tei tei-notetext">In the island of Tenos, according +to an inscription of the second or third century <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>, the +transfer of undivided fractions of houses and property was of exceedingly +common occurrence. Sales are recorded of a fourth part +of a tower and cistern; half a house, lands, tower, &c. <span class="tei tei-hi"><span style="font-style: italic">Inscr. +Jurid. Gr.</span></span>: Dareste, &c. p. 63.</dd><dt class="tei tei-notelabel"><a id="note_219" name="note_219" href="#noteref_219">219.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Gortyn Laws</span></span>, iv. 29-31.</dd><dt class="tei tei-notelabel"><a id="note_220" name="note_220" href="#noteref_220">220.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Cf. <span class="tei tei-hi"><span style="font-style: italic">Ordinances of +Manu</span></span>, ix. 213-4. <span class="tei tei-q">“If an eldest (brother), through avarice, commit an injury +against his younger (brothers), he should be made a not-eldest +and <em class="tei tei-emph"><span style="font-style: italic">shareless</span></em>, and be put under restraint by kings.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“None of the brothers who perform wrong acts <em class="tei tei-emph"><span style="font-style: italic">deserve</span></em> (share +in) <em class="tei tei-emph"><span style="font-style: italic">the property</span></em>, ...”</span> +</p></dd><dt class="tei tei-notelabel"><a id="note_221" name="note_221" href="#noteref_221">221.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, 877 c.</dd><dt class="tei tei-notelabel"><a id="note_222" name="note_222" href="#noteref_222">222.</a></dt><dd class="tei tei-notetext">Lev. xxv. 25; +Jerem. xxxii. 8.</dd><dt class="tei tei-notelabel"><a id="note_223" name="note_223" href="#noteref_223">223.</a></dt><dd class="tei tei-notetext">Another version runs: +<br /> +<span class="tei tei-q">“The fader to the bonde</span><br /> +<span class="tei tei-q">And the son to the londe.”</span><br /> +<br /> +Sandys, <span class="tei tei-hi"><span style="font-style: italic">History of Gavelkind</span></span>, +1851, pp. 5 and 150.</dd><dt class="tei tei-notelabel"><a id="note_224" name="note_224" href="#noteref_224">224.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiv. 209. +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Pindar, <span class="tei tei-hi"><span style="font-style: italic">Ol.</span></span> ix. 95-100. Bastard prince +named after his mother's father and given one πόλιν λαόν τε διαιτᾶν.</dd><dt class="tei tei-notelabel"><a id="note_225" name="note_225" href="#noteref_225">225.</a></dt><dd class="tei tei-notetext">Is. vi. 23.</dd><dt class="tei tei-notelabel"><a id="note_226" name="note_226" href="#noteref_226">226.</a></dt><dd class="tei tei-notetext">Cf. <span class="tei tei-hi"><span style="font-style: italic">Eur. +Ion</span></span> 1541.<br /> +<br /> +... τοῦ θεοῦ δὲ λεγόμενος<br /> +οὐκ ἔσχες ἄν ποτ᾽ οὔτε παγκλήρους δόμους<br /> +οὔτ᾽ ὄνομα πατρός.</dd><dt class="tei tei-notelabel"><a id="note_227" name="note_227" href="#noteref_227">227.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">See inscriptions quoted in +<span class="tei tei-hi"><span style="font-style: italic">Mittheilungen Athen.</span></span> vol. 9, pt. 1, +p. 60. εὐεργέτῃ γενομενῳ τῆς πόλεως δοῦναι πολιτείαν, κλῆρον ἐν +τῷ πεδίῳ, οἰκίην, κῆπον κυάμων διηκοσίων ἀμφορέων, ἀτέλειαν ... +αὐτῷ καὶ ἐκγόνοις. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +... δοῦναι ἡμικλήριον δασείης κτήνειον (?) ἐν τῷ πεδίῳ, οἰκίην, +κῆπον κυάμων ἀμφορέων ἑκατὸν, &c. ... αὐτῷ καὶ ἐκγόνοις. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Cf. <span class="tei tei-hi"><span style="font-style: italic">Cauer Delect.</span></span> § 221. +αὐτοῖ καὶ ἐκγόνοις, καὶ ἔγκτησιν γᾶς +καὶ οἰκίας καὶ ἐπινομίας, &c. ... +and § 232. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Do.</span></span> § 395 (4th cent. <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>). So +many plethra each ἔχειν πατρουέαν +τὸμ πάντα χρόνον. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-style: italic">Do.</span></span> § 27. The importance of +the grant of ἔγκτησις must lie in +its being the evidence of admission +to full privilege. <span class="tei tei-hi"><span style="font-style: italic">V. infra</span></span>, p. 139. +</p></dd><dt class="tei tei-notelabel"><a id="note_228" name="note_228" href="#noteref_228">228.</a></dt><dd class="tei tei-notetext">p. 122, note <span class="tei tei-hi"><span style="font-variant: small-caps">A</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_229" name="note_229" href="#noteref_229">229.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span>, ix. 104-106.</dd><dt class="tei tei-notelabel"><a id="note_230" name="note_230" href="#noteref_230">230.</a></dt><dd class="tei tei-notetext">iv. 184. <span class="tei tei-q">“An elder brother is equal to a +father.”</span></dd><dt class="tei tei-notelabel"><a id="note_231" name="note_231" href="#noteref_231">231.</a></dt><dd class="tei tei-notetext">ix. 182.</dd><dt class="tei tei-notelabel"><a id="note_232" name="note_232" href="#noteref_232">232.</a></dt><dd class="tei tei-notetext">iii. 171-2.</dd><dt class="tei tei-notelabel"><a id="note_233" name="note_233" href="#noteref_233">233.</a></dt><dd class="tei tei-notetext">ix. 110 and +213.</dd><dt class="tei tei-notelabel"><a id="note_234" name="note_234" href="#noteref_234">234.</a></dt><dd class="tei tei-notetext">ix. 111.</dd><dt class="tei tei-notelabel"><a id="note_235" name="note_235" href="#noteref_235">235.</a></dt><dd class="tei tei-notetext">iii. 77 +<span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_236" name="note_236" href="#noteref_236">236.</a></dt><dd class="tei tei-notetext">vi. 90.</dd><dt class="tei tei-notelabel"><a id="note_237" name="note_237" href="#noteref_237">237.</a></dt><dd class="tei tei-notetext">iii. 67, 70, and 72.</dd><dt class="tei tei-notelabel"><a id="note_238" name="note_238" href="#noteref_238">238.</a></dt><dd class="tei tei-notetext">iii. 108.</dd><dt class="tei tei-notelabel"><a id="note_239" name="note_239" href="#noteref_239">239.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Elektra</span></span>, +784.</dd><dt class="tei tei-notelabel"><a id="note_240" name="note_240" href="#noteref_240">240.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Elektra</span></span>, 637.</dd><dt class="tei tei-notelabel"><a id="note_241" name="note_241" href="#noteref_241">241.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> viii. 546. ἀντὶ κασιγνήτου +ξεῖνός θ᾽ ἱκέτης τε τέτυκται ἀνέρι, ὅς τ᾽ ὀλίγον περ ἐπιψαύῃ πραπίδεσσιν.</dd><dt class="tei tei-notelabel"><a id="note_242" name="note_242" href="#noteref_242">242.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> +iii. 30-80.</dd><dt class="tei tei-notelabel"><a id="note_243" name="note_243" href="#noteref_243">243.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Cf. Manu</span></span>, ix. 163. <span class="tei tei-q">“The +son of the body is the one and only lord of the paternal wealth: but +to do the others no harm he should afford (them something) to support +life.”</span></dd><dt class="tei tei-notelabel"><a id="note_244" name="note_244" href="#noteref_244">244.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span>, ix. 115.</dd><dt class="tei tei-notelabel"><a id="note_245" name="note_245" href="#noteref_245">245.</a></dt><dd class="tei tei-notetext">ix. 214.</dd><dt class="tei tei-notelabel"><a id="note_246" name="note_246" href="#noteref_246">246.</a></dt><dd class="tei tei-notetext">ix. 118.</dd><dt class="tei tei-notelabel"><a id="note_247" name="note_247" href="#noteref_247">247.</a></dt><dd class="tei tei-notetext">ix. 47.</dd><dt class="tei tei-notelabel"><a id="note_248" name="note_248" href="#noteref_248">248.</a></dt><dd class="tei tei-notetext">ix. 210.</dd><dt class="tei tei-notelabel"><a id="note_249" name="note_249" href="#noteref_249">249.</a></dt><dd class="tei tei-notetext">ix. 209.</dd><dt class="tei tei-notelabel"><a id="note_250" name="note_250" href="#noteref_250">250.</a></dt><dd class="tei tei-notetext">ix. 208. Though viii. 416 states the contrary. <span class="tei tei-q">“A wife, +<em class="tei tei-emph"><span style="font-style: italic">son</span></em>, and slave are said to be without +property: whatever property they acquire is his to whom they +(belong).”</span></dd><dt class="tei tei-notelabel"><a id="note_251" name="note_251" href="#noteref_251">251.</a></dt><dd class="tei tei-notetext">ix. 207.</dd><dt class="tei tei-notelabel"><a id="note_252" name="note_252" href="#noteref_252">252.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +xx. 165.</dd><dt class="tei tei-notelabel"><a id="note_253" name="note_253" href="#noteref_253">253.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiv. 96.</dd><dt class="tei tei-notelabel"><a id="note_254" name="note_254" href="#noteref_254">254.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> vi. 194.</dd><dt class="tei tei-notelabel"><a id="note_255" name="note_255" href="#noteref_255">255.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ix. 574; +<span class="tei tei-hi"><span style="font-style: italic">cf.</span></span> xx. 184.</dd><dt class="tei tei-notelabel"><a id="note_256" name="note_256" href="#noteref_256">256.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +xiv. 121.</dd><dt class="tei tei-notelabel"><a id="note_257" name="note_257" href="#noteref_257">257.</a></dt><dd class="tei tei-notetext">Or +<span class="tei tei-q">“belonging to a <span class="tei tei-hi"><span style="font-style: italic">basileus</span></span>.”</span></dd><dt class="tei tei-notelabel"><a id="note_258" name="note_258" href="#noteref_258">258.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Cf. <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xi. 67. <span class="tei tei-q">“As when +reapers over against each other drive their swaths through the +ploughland of a rich man of wheat and barley, and thick fall +the handfuls”</span>... +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This contrast is drawn by Professor Ridgeway: <span class="tei tei-hi"><span style="font-style: italic">op. cit.</span></span> p. 19 +<span class="tei tei-hi"><span style="font-style: italic">Journal of Hellenic Studies</span></span>, 1885. +</p></dd><dt class="tei tei-notelabel"><a id="note_259" name="note_259" href="#noteref_259">259.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xviii. +541.</dd><dt class="tei tei-notelabel"><a id="note_260" name="note_260" href="#noteref_260">260.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxi. 602.</dd><dt class="tei tei-notelabel"><a id="note_261" name="note_261" href="#noteref_261">261.</a></dt><dd class="tei tei-notetext">Ridgeway, +<span class="tei tei-hi"><span style="font-style: italic">op. cit.</span></span></dd><dt class="tei tei-notelabel"><a id="note_262" name="note_262" href="#noteref_262">262.</a></dt><dd class="tei tei-notetext">Plato, <span class="tei tei-hi"><span style="font-style: italic">Laws</span></span>, 842. +<span class="tei tei-hi"><span style="font-variant: small-caps">E.</span></span> Διὸς ὁρίου πρῶτος νόμος ὅδε εἰρήσθω; μὴ +κινείτω γῆς ὅρια μηδεὶς ... νομίσας τὸ τἀκίνητα κινεῖν τοῦτο εἶναι ... +καταφρονήσας δὲ, διτταῖς δίκαις ἔνοχος ἔστω, μιᾷ μὲν παρὰ θεῶν, +δευτέρᾳ δὲ ὑπὸ νόμου.</dd><dt class="tei tei-notelabel"><a id="note_263" name="note_263" href="#noteref_263">263.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xi. 558.</dd><dt class="tei tei-notelabel"><a id="note_264" name="note_264" href="#noteref_264">264.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +xii. 421; <span class="tei tei-hi"><span style="font-style: italic">v.</span></span> Ridgeway, <span class="tei tei-hi"><span style="font-style: italic">op. +cit.</span></span></dd><dt class="tei tei-notelabel"><a id="note_265" name="note_265" href="#noteref_265">265.</a></dt><dd class="tei tei-notetext">Isaeus, ix. 17-19.</dd><dt class="tei tei-notelabel"><a id="note_266" name="note_266" href="#noteref_266">266.</a></dt><dd class="tei tei-notetext">πίονες ἀγροί. +<span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxiii. 832. <span class="tei tei-hi"><span style="font-style: italic">v.</span></span> Ridgeway, +<span class="tei tei-hi"><span style="font-style: italic">op. cit.</span></span> p. 16.</dd><dt class="tei tei-notelabel"><a id="note_267" name="note_267" href="#noteref_267">267.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xii. +313. Cf. <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ix. 297. A good king also has power over +the crops, etc., to bring plenty. See <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xix. 110-5. Frazer, +Golden Bough, i. 8 <span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_268" name="note_268" href="#noteref_268">268.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> vi. 191.</dd><dt class="tei tei-notelabel"><a id="note_269" name="note_269" href="#noteref_269">269.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xii. 313. καὶ τέμενος +νεμόμεσθα μέγα (<em class="tei tei-emph"><span style="font-style: italic">not</span></em> τεμένεα).</dd><dt class="tei tei-notelabel"><a id="note_270" name="note_270" href="#noteref_270">270.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> vi. 291-3. +Xenophon states that choice portions of land +in the territory of many neighbouring +towns were set apart for +the king of Sparta. <span class="tei tei-hi"><span style="font-style: italic">Rep. Laced.</span></span> +xv. 3.</dd><dt class="tei tei-notelabel"><a id="note_271" name="note_271" href="#noteref_271">271.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xi. 184.</dd><dt class="tei tei-notelabel"><a id="note_272" name="note_272" href="#noteref_272">272.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xx. 391, ὅθι τοι +τέμενος πατρώιόν ἐστιν.</dd><dt class="tei tei-notelabel"><a id="note_273" name="note_273" href="#noteref_273">273.</a></dt><dd class="tei tei-notetext">τὸ τοῦ πατρὸς καὶ ἀπὸ προγόνων.</dd><dt class="tei tei-notelabel"><a id="note_274" name="note_274" href="#noteref_274">274.</a></dt><dd class="tei tei-notetext">Vide <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ii. 46 and 101-8. +Agamemnon's σκῆπτρον πατρῴιον +had been handed down to him in +succession from Thyestes, Atreus, +Pelops, Hermes, and Zeus, for +whom it had been made by +Hephaistos.</dd><dt class="tei tei-notelabel"><a id="note_275" name="note_275" href="#noteref_275">275.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> +i. 386. Cf. <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> ii. 22. +δύο δ᾽ αἰὲν ἔχον πατρώια ἔργα. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Cf. <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> i. 407. ποῦ δέ νύ οἱ +γενεὴ καὶ πατρὶς ἄρουρα? +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Cf. <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xi. 185. Telemachos +νέμεται τεμένεα of Odysseus. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Cf. <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xx. 336. πατρώια +πάντα νέμηαι. +</p></dd><dt class="tei tei-notelabel"><a id="note_276" name="note_276" href="#noteref_276">276.</a></dt><dd class="tei tei-notetext">Pindar, +<span class="tei tei-hi"><span style="font-style: italic">Pyth.</span></span> iv. 255 <span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_277" name="note_277" href="#noteref_277">277.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiv. 211.</dd><dt class="tei tei-notelabel"><a id="note_278" name="note_278" href="#noteref_278">278.</a></dt><dd class="tei tei-notetext">Cf. <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +xii. 421. περὶ ἴσης.</dd><dt class="tei tei-notelabel"><a id="note_279" name="note_279" href="#noteref_279">279.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiv. 62.</dd><dt class="tei tei-notelabel"><a id="note_280" name="note_280" href="#noteref_280">280.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiv. 211.</dd><dt class="tei tei-notelabel"><a id="note_281" name="note_281" href="#noteref_281">281.</a></dt><dd class="tei tei-notetext">Wks. and Dys. 405. The +next line which explains that the +woman is to be slave and <em class="tei tei-emph"><span style="font-style: italic">not</span></em> a +wife is evidently a later addition. +Aristotle did not know it, and +interpreted γυνη as wife.</dd><dt class="tei tei-notelabel"><a id="note_282" name="note_282" href="#noteref_282">282.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Pol.</span></span> i. 2, 5-7.</dd><dt class="tei tei-notelabel"><a id="note_283" name="note_283" href="#noteref_283">283.</a></dt><dd class="tei tei-notetext"> I am indebted to Professor +Ridgeway for the right meaning +and derivation of this word, which +stands for ὁμόκηποι, having the α +long and not short as stated in +Liddell and Scott's Dictionary. +Another reading is ὁμόκαπνοι which +would mean sharers of the smoke +or hearth.</dd><dt class="tei tei-notelabel"><a id="note_284" name="note_284" href="#noteref_284">284.</a></dt><dd class="tei tei-notetext">Pindar, <span class="tei tei-hi"><span style="font-style: italic">Nem.</span></span> ix. 11.</dd><dt class="tei tei-notelabel"><a id="note_285" name="note_285" href="#noteref_285">285.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Œcon.</span></span> i. 2. μέρη δὲ οἰκίας +ἄνθρωπός τε καὶ κτῆσίς ἐστιν. Pol. +i. 4, 1. ἡ κτῆσις μέρος τῆς οἰκίας +ἐστί.</dd><dt class="tei tei-notelabel"><a id="note_286" name="note_286" href="#noteref_286">286.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> iv. 318.</dd><dt class="tei tei-notelabel"><a id="note_287" name="note_287" href="#noteref_287">287.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiv. 158; xvii. 155; xx +230. ἴστω νῦν Ζεὺς πρῶτα θεῶν +ξενίν τε τράπεζα ἱστίν τ᾽ Ὀδυσῆος +ἀμύμονος, ἥν ἀφικάνω.</dd><dt class="tei tei-notelabel"><a id="note_288" name="note_288" href="#noteref_288">288.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> vi. 230.</dd><dt class="tei tei-notelabel"><a id="note_289" name="note_289" href="#noteref_289">289.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xv. 497.</dd><dt class="tei tei-notelabel"><a id="note_290" name="note_290" href="#noteref_290">290.</a></dt><dd class="tei tei-notetext">p. 75. Mr. Leaf mentions +other countries where the father takes a new name as father of his +eldest son.</dd><dt class="tei tei-notelabel"><a id="note_291" name="note_291" href="#noteref_291">291.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> iv. 754-7</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +οὐ γὰρ ὀίω<br /> +πάγχυ θεοῖς μακάρεσσι γονὴν Ἀρκεισιάδαο<br /> +ἔχθεσθ᾽, ἀλλ᾽ ἔτι πού τις ἐπέσσεται, ὅς κεν ἔχῃσιν<br /> +δώματα θ᾽ ὑψερεφέα καὶ ἀπόπροθι πίονας ἀγρούς. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Far away”</span> implies width of +sway and extent of influence; and +the protection of outlying properties +would necessitate a great +name and a strong hand.</p></dd><dt class="tei tei-notelabel"><a id="note_292" name="note_292" href="#noteref_292">292.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +v. 151 <span class="tei tei-hi"><span style="font-style: italic">et seq.</span></span></dd><dt class="tei tei-notelabel"><a id="note_293" name="note_293" href="#noteref_293">293.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> vii. +150.</dd><dt class="tei tei-notelabel"><a id="note_294" name="note_294" href="#noteref_294">294.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xi. 184. +<span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> xx. 336. ὄφρα σὺ μὲν (= Telemachos) χαίρων +πατρώια πάντα νέμηαι.</dd><dt class="tei tei-notelabel"><a id="note_295" name="note_295" href="#noteref_295">295.</a></dt><dd class="tei tei-notetext">1 Kings xxi 3.</dd><dt class="tei tei-notelabel"><a id="note_296" name="note_296" href="#noteref_296">296.</a></dt><dd class="tei tei-notetext">Ezekiel xlvi. 16.</dd><dt class="tei tei-notelabel"><a id="note_297" name="note_297" href="#noteref_297">297.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> i. +392.</dd><dt class="tei tei-notelabel"><a id="note_298" name="note_298" href="#noteref_298">298.</a></dt><dd class="tei tei-notetext">βασιλεύς in Homer means +<span class="tei tei-q">“prince”</span> and is applied to a class, +not a single chieftain. <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xii. 319 +of Sarpedon and Glaukos. <span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> iv. +96 of Paris. <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> i. 394 of the +Ithakans. <span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> viii. 41 and 390 +of the Phaeakians. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span></dd><dt class="tei tei-notelabel"><a id="note_299" name="note_299" href="#noteref_299">299.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> +xvii. 250.</dd><dt class="tei tei-notelabel"><a id="note_300" name="note_300" href="#noteref_300">300.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> xxiv. 262.</dd><dt class="tei tei-notelabel"><a id="note_301" name="note_301" href="#noteref_301">301.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> ii. 74.</dd><dt class="tei tei-notelabel"><a id="note_302" name="note_302" href="#noteref_302">302.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xiii. 13.</dd><dt class="tei tei-notelabel"><a id="note_303" name="note_303" href="#noteref_303">303.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od</span></span>. xix. 195.</dd><dt class="tei tei-notelabel"><a id="note_304" name="note_304" href="#noteref_304">304.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ix. 291. Cf. +<span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ix. 483. Peleus enriched Phoinix, and gave +him much people (πολὺν λαόν) to be ἄναξ over.</dd><dt class="tei tei-notelabel"><a id="note_305" name="note_305" href="#noteref_305">305.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> iv. 174.</dd><dt class="tei tei-notelabel"><a id="note_306" name="note_306" href="#noteref_306">306.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Manu</span></span>, vii. 118.</dd><dt class="tei tei-notelabel"><a id="note_307" name="note_307" href="#noteref_307">307.</a></dt><dd class="tei tei-notetext">vii. 123.</dd><dt class="tei tei-notelabel"><a id="note_308" name="note_308" href="#noteref_308">308.</a></dt><dd class="tei tei-notetext">Herod, i. 192.</dd><dt class="tei tei-notelabel"><a id="note_309" name="note_309" href="#noteref_309">309.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ibid.</span></span></dd><dt class="tei tei-notelabel"><a id="note_310" name="note_310" href="#noteref_310">310.</a></dt><dd class="tei tei-notetext">1 Kings iv. 7-27. One of +these officers was over <span class="tei tei-q">“threescore +great cities with walls and brazen +bars.”</span></dd><dt class="tei tei-notelabel"><a id="note_311" name="note_311" href="#noteref_311">311.</a></dt><dd class="tei tei-notetext">Herod. ii. 109.</dd><dt class="tei tei-notelabel"><a id="note_312" name="note_312" href="#noteref_312">312.</a></dt><dd class="tei tei-notetext">Genes. xlvii. 26.</dd><dt class="tei tei-notelabel"><a id="note_313" name="note_313" href="#noteref_313">313.</a></dt><dd class="tei tei-notetext">Pind. <span class="tei tei-hi"><span style="font-style: italic">Nem.</span></span> vi. 11 (Trans. Myers), +<span class="tei tei-hi"><span style="font-style: italic">cf.</span></span> Ridgeway, <span class="tei tei-hi"><span style="font-style: italic">op. cit.</span></span> p. 20.</dd><dt class="tei tei-notelabel"><a id="note_314" name="note_314" href="#noteref_314">314.</a></dt><dd class="tei tei-notetext">Ezekiel +xlv. 8, 9.</dd><dt class="tei tei-notelabel"><a id="note_315" name="note_315" href="#noteref_315">315.</a></dt><dd class="tei tei-notetext">Ez. +xlvi. 18.</dd><dt class="tei tei-notelabel"><a id="note_316" name="note_316" href="#noteref_316">316.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> xxiv. 207.</dd><dt class="tei tei-notelabel"><a id="note_317" name="note_317" href="#noteref_317">317.</a></dt><dd class="tei tei-notetext">Mahaffy, <span class="tei tei-hi"><span style="font-style: italic">Rambles in +Greece</span></span>, 3rd ed. p. 200.</dd><dt class="tei tei-notelabel"><a id="note_318" name="note_318" href="#noteref_318">318.</a></dt><dd class="tei tei-notetext">Rennell Rodd's +<span class="tei tei-hi"><span style="font-style: italic">Customs and Lore of Modern Greece</span></span>, p. 58.</dd><dt class="tei tei-notelabel"><a id="note_319" name="note_319" href="#noteref_319">319.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Od.</span></span> vi. 293.</dd><dt class="tei tei-notelabel"><a id="note_320" name="note_320" href="#noteref_320">320.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Ib.</span></span> 259.</dd><dt class="tei tei-notelabel"><a id="note_321" name="note_321" href="#noteref_321">321.</a></dt><dd class="tei tei-notetext">The κλῆρος is spoken of as +capable of good cultivation by means of a yoke of oxen.</dd><dt class="tei tei-notelabel"><a id="note_322" name="note_322" href="#noteref_322">322.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Works and Days</span></span> 637. +Possession of land would presuppose admission to full civic rights. <span class="tei tei-hi"><span style="font-style: italic">V. +supra</span></span>, p. <a href="#Pg097" class="tei tei-ref">97</a>.</dd><dt class="tei tei-notelabel"><a id="note_323" name="note_323" href="#noteref_323">323.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Il.</span></span> ix. +648; xvi. 59.</dd><dt class="tei tei-notelabel"><a id="note_324" name="note_324" href="#noteref_324">324.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">W. and D.</span></span> 345 &c. γείτονες +ἄζωστοι ἔκιον, ζώσαντο δὲ πηοί.</dd><dt class="tei tei-notelabel"><a id="note_325" name="note_325" href="#noteref_325">325.</a></dt><dd class="tei tei-notetext">Arist. <span class="tei tei-hi"><span style="font-style: italic">Pol.</span></span> +VIII. ii. 5. ἦν δὲ τό γε ἀρχαῖον ἐν πολλαῖς πόλεσι νενομοθετημένον μηδὲ πωλεῖν ἐχεῖναι +τοὺς πρώτους κλήρους; ἔστι δὲ καὶ ὅν λέγουσι Ὀξύλου νόμον εἶναι +τοιοῦτόν τι δυνάμενος, τὸ μὴ δανείζειν εἴς τι μέρος τῆς ὑπαρχούσης +ἑκάστῳ γῆς. Cf. <span class="tei tei-hi"><span style="font-style: italic">Id.</span></span> iv. 4 ὥσπερ ἐν Λοκροῖς νόμος ἐστὶ μὴ +πωλεῖν.... ἔτι δὲ τοὺς παλαιοὺς κλήρους διασῴζειν.</dd><dt class="tei tei-notelabel"><a id="note_326" name="note_326" href="#noteref_326">326.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> 741.</dd><dt class="tei tei-notelabel"><a id="note_327" name="note_327" href="#noteref_327">327.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Laws</span></span> 923.</dd><dt class="tei tei-notelabel"><a id="note_328" name="note_328" href="#noteref_328">328.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Lycurg.</span></span> xvi.</dd><dt class="tei tei-notelabel"><a id="note_329" name="note_329" href="#noteref_329">329.</a></dt><dd class="tei tei-notetext">Suidas; and +Harpocration <span class="tei tei-hi"><span style="font-style: italic">s.v.</span></span> ἀμφιδρόμια:—Λυσίας ἐν τῷ περὶ +τῆς ἀμβλώσεωσ, εἰ γνήσιος ὁ λόγος. ἡμέρα τις ἤγετο ἐπὶ τοῖς νεογνοῖς +παιδίοις, ἐν ᾗ τὸ βρέφος περὶ τὴν ἑστίαν ἔφερον τρέχοντες, καὶ ὑπὸ +τῶν οἰκείων καὶ φίλων πουλύποδας καὶ σηπίας ἐλάμβανον. Octopus is +still a staple article of food on the shores of the Mediterranean.</dd><dt class="tei tei-notelabel"><a id="note_330" name="note_330" href="#noteref_330">330.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Nouvelles Recherches</span></span>, 1891, p. +63.</dd><dt class="tei tei-notelabel"><a id="note_331" name="note_331" href="#noteref_331">331.</a></dt><dd class="tei tei-notetext">Arist. +<span class="tei tei-hi"><span style="font-style: italic">Pol. Ath.</span></span> 2 and 5.</dd><dt class="tei tei-notelabel"><a id="note_332" name="note_332" href="#noteref_332">332.</a></dt><dd class="tei tei-notetext">Dareste, +&c, <span class="tei tei-hi"><span style="font-style: italic">Recueil des Inscr. Jurid. Gr.</span></span> xi.</dd><dt class="tei tei-notelabel"><a id="note_333" name="note_333" href="#noteref_333">333.</a></dt><dd class="tei tei-notetext">Isaeus, iii. 60 and 42; +vi. 48.</dd><dt class="tei tei-notelabel"><a id="note_334" name="note_334" href="#noteref_334">334.</a></dt><dd class="tei tei-notetext">Isaeus, iii. 73 and +80.</dd><dt class="tei tei-notelabel"><a id="note_335" name="note_335" href="#noteref_335">335.</a></dt><dd class="tei tei-notetext">Cf. <span class="tei tei-hi"><span style="font-style: italic">Thuc.</span></span> ii. 16 for Attica. +Such are the numerous small farmers who appear in the plays +of Aristophanes.</dd><dt class="tei tei-notelabel"><a id="note_336" name="note_336" href="#noteref_336">336.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Athen.</span></span> vi. 85. Βοιωτῶν +(φησὶν Ἀρχέμαχος) τῶν τὴν Ἀρναίαν κατοικισάντων οἱ μὴ ἀπάραντες εἰς +τὴν Βοιωτίαν, ἀλλ᾽ ἐμφιλοχωρήσαντες παρέδωκαν ἑαυτοὺς τοῖς Θετταλοῖς +δουλεύειν καθ᾽ ὁμολογίας, ἐφ᾽ ῴ οὔτε ἐξάξουσιν αὐτοὺς ἐκ τῆς χώρας οὔτε +ἀποκτενοῦσιν, αὐτοὶ δὲ τὴν χώραν αὐτοῖς ἐργαζόμενοι τὰς συντάξεις +ἀποδώσουσιν. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> Strabo, xii. 3, 4.</dd><dt class="tei tei-notelabel"><a id="note_337" name="note_337" href="#noteref_337">337.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Gortyn. v. 25. +αἱ δὲ μὴ εἶεν ἐπιβάλλοντες τᾶς ϝοικίας οἵτινες κ᾽ +ἴωντι ὁ κλᾶρος, τούτονς ἔκεν τὰ κρήματα. The words τᾶς ϝοικίας +should be taken with οἵτινες, &c, rather than with the preceding +words. οἵτινες κ᾽ ἴωντι ὁ κλᾶρος is equivalent to οἱ κλαρῶται. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +See Dareste, &c, <span class="tei tei-hi"><span style="font-style: italic">Inscript. +Jurid. Gr.</span></span> p. 463. +</p></dd><dt class="tei tei-notelabel"><a id="note_338" name="note_338" href="#noteref_338">338.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Mittheil. Inst. Ath.</span></span> ix. p. +117. The original number of κληροῦχοι in this case was apparently +five hundred.</dd><dt class="tei tei-notelabel"><a id="note_339" name="note_339" href="#noteref_339">339.</a></dt><dd class="tei tei-notetext">Thuc. iii. 50.</dd><dt class="tei tei-notelabel"><a id="note_340" name="note_340" href="#noteref_340">340.</a></dt><dd class="tei tei-notetext">κατεκληρούχησαν.</dd><dt class="tei tei-notelabel"><a id="note_341" name="note_341" href="#noteref_341">341.</a></dt><dd class="tei tei-notetext">ἐμίσθωσαν.</dd><dt class="tei tei-notelabel"><a id="note_342" name="note_342" href="#noteref_342">342.</a></dt><dd class="tei tei-notetext">Aelian, +<span class="tei tei-hi"><span style="font-style: italic">V. II.</span></span> vi. I. <span class="tei tei-hi"><span style="font-style: italic">Cf.</span></span> +Herod, v. 77 and vi. 100.</dd><dt class="tei tei-notelabel"><a id="note_343" name="note_343" href="#noteref_343">343.</a></dt><dd class="tei tei-notetext">Smith's <span class="tei tei-hi"><span style="font-style: italic">Dicty. of +Antiquities</span></span>, s.v. <span class="tei tei-hi"><span style="font-style: italic">colonia</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_344" name="note_344" href="#noteref_344">344.</a></dt><dd class="tei tei-notetext">Bekker, +<span class="tei tei-hi"><span style="font-style: italic">Charicles</span></span>, p. 218.</dd><dt class="tei tei-notelabel"><a id="note_345" name="note_345" href="#noteref_345">345.</a></dt><dd class="tei tei-notetext">Ridgeway, +<span class="tei tei-hi"><span style="font-style: italic">Origin of Currency</span></span>, &c., p. 324.</dd><dt class="tei tei-notelabel"><a id="note_346" name="note_346" href="#noteref_346">346.</a></dt><dd class="tei tei-notetext">The ordinary Athenian dicast +is supposed to have subsisted largely upon his pay of three +obols or a half-drachma <span class="tei tei-hi"><span style="font-style: italic">per diem</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_347" name="note_347" href="#noteref_347">347.</a></dt><dd class="tei tei-notetext">Dareste, &c, <span class="tei tei-hi"><span style="font-style: italic">Recueil +Inscr. Grec.</span></span> p. 256 xiii.</dd><dt class="tei tei-notelabel"><a id="note_348" name="note_348" href="#noteref_348">348.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Cauer, +<span class="tei tei-hi"><span style="font-style: italic">Delectus</span></span>, § 263. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Συνθέκα[ι] Θέρον[ι κ]αἰχμάνορι +πὰρ τᾶρ γᾶρ τᾶρ ἐν Σαλαμόναι, πλέθρον +ὀπτὸ καὶ δέκα. Φάρεν κριθᾶν +μανασίος δύο ταὶ ϝίκατι Ἀλφιόιο +μενόρ; αἰ δὲ λίποι, λυσάστο τό +διφυίο. Πεπάστο τόν πάντα χρόνον. +</p></dd><dt class="tei tei-notelabel"><a id="note_349" name="note_349" href="#noteref_349">349.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Dareste, &c, +<span class="tei tei-hi"><span style="font-style: italic">Inscr. Jurid. Grec.</span></span> xiii. quater. (Mylasa in +Karia. Second century <span class="tei tei-hi"><span style="font-variant: small-caps">B.C.</span></span>) +<span class="tei tei-hi"><span style="font-style: italic">summarised:</span></span>— +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. The tribe (φυλή) of the +Otorkondeis at the advice of their +treasurers and led by the priest of +Artemis, decide to purchase from +Thraseas, son of Polites son of +Melas of Grab ... and adopted +son of Heracleitos son of Heracleides +of Ogonda, lands (γέας) in the +Ombian plain with the sixty-two +ranks of vines, three olive trees, +and all the other trees without +reserve, also lands elsewhere with +the trees without reserve for 5,000 +drachmae of light Rhodian silver, +provided that Thraseas has the +sale registered with sureties. +Moreover, Thraseas coming to the +ekklesia declared that he was ready +to manage these things: and the +sale having taken place of the said +(properties) to the trustees in the +name of the god. Thraseas himself +then and there took on lease +all the said (properties) from +the treasurers of the tribe: and +he shall hold them (εἰς πατρικά) +for his patrimony, himself and his +issue or those to whomsoever the +inheritance of his goods passes, +and he shall pay annually to the +treasurers of the tribe 100 and ... +drachmae, without fail or fraud. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. ... all the land and trees +which Thraseas has bought from +Artemisia, daughter of Hekataios +of Ketambissos, without exception +in these places either in the +matter of the share he took in the +division with his brother or of +what he bought from Artemisia, all +for 7,000 drachmae of light silver +of Rhodes, provided that Thraseas +register the sale and give sureties. +And coming before the ekklesia +Thraseas declared that he was +prepared to manage this; and the +sale of the foregoing having taken +place to the trustees in the name +of the god, Thraseas himself then +and there took on lease all the +foregoing from the treasurers of +the tribe: and he shall hold them +(εἰς πατρικά) for his patrimony, +himself and his issue or those to +whom the inheritance passes, and +he shall pay annually to the treasurers +of the tribe 300 drachmae. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The rent forms part of the +revenues of the god. If Thraseas +gets more than two years in arrear, +the contract is annulled. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He shall not divide the land or +share the rent (οὐ παραχωρήσει δὲ +Θρασέας ἑτέρῳ οὐδενὶ.... καταμερίζων +τὰς γέας οὐδὲ καταδιελεῖ τὸν +φόρον). +</p></dd><dt class="tei tei-notelabel"><a id="note_350" name="note_350" href="#noteref_350">350.</a></dt><dd class="tei tei-notetext">Robertson Smith +(<span class="tei tei-hi"><span style="font-style: italic">The Religion of the Semites</span></span>) holds that the +object of sacrifice was thus to maintain this imaginary kinship +between the deity and the worshippers.</dd><dt class="tei tei-notelabel"><a id="note_351" name="note_351" href="#noteref_351">351.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Companion to the Iliad</span></span>, pp. +6-7.</dd><dt class="tei tei-notelabel"><a id="note_352" name="note_352" href="#noteref_352">352.</a></dt><dd class="tei tei-notetext">Since the foregoing chapters +were in print, I have had the benefit of seeing Herr Erwin Rohde's +admirable work, entitled <span class="tei tei-hi"><span style="font-style: italic">Psyche</span></span> +(Freiburg and Leipsig, 1894). His view is that the worship of Heroes +had the complete form of ancestor-worship: that, ancestors being +buried at the hearth, or in the family tomb on private ground, +death made no break in the membership of the family. And he +claims that the <span class="tei tei-hi"><span style="font-style: italic">Seelencult</span></span> or ancestor-worship +of the later Greeks must have been continuous from +pre-Homeric times.</dd></dl> + </div> + <hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <div id="pgfooter" class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"><pre class="pre tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em">***END OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** +</pre><hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><a name="rightpageheader37" id="rightpageheader37"></a><a name="pgtoc38" id="pgtoc38"></a><a name="pdf39" id="pdf39"></a><h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Credits</span></h1><table summary="This is a list." class="tei tei-list" style="margin-bottom: 1.00em; margin-top: 1.00em"><tbody><tr><th class="tei tei-label tei-label-gloss">August 18, 2008 </th></tr><tr><td class="tei tei-item"><table summary="This is a list." class="tei tei-list" style="margin-bottom: 1.00em; margin-top: 1.00em"><tbody><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Project Gutenberg TEI edition 1</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item"><span class="tei tei-respStmt"> + <span class="tei tei-name"> + Produced by Frank van Drogen, David King, and the Online Distributed + Proofreading Team at <http://www.pgdp.net/>. + (This file was produced from scans of public domain works at + McMaster University's Archive for the History of Economic Thought.) + </span> + </span></td></tr></tbody></table></td></tr></tbody></table></div><hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><a name="rightpageheader40" id="rightpageheader40"></a><a name="pgtoc41" id="pgtoc41"></a><a name="pdf42" id="pdf42"></a><h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">A Word from Project Gutenberg</span></h1><p class="tei tei-p" style="margin-bottom: 1.00em">This file should be named + 26341-h.html or + 26341-h.zip.</p><p class="tei tei-p" style="margin-bottom: 1.00em">This and all associated files of various formats will be found + in: + + <a href="http://www.gutenberg.org/dirs/2/6/3/4/26341/" class="block tei tei-xref" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">http://www.gutenberg.org</span><span style="font-size: 90%">/dirs/2/6/3/4/26341/</span></a></p><p class="tei tei-p" style="margin-bottom: 1.00em">Updated editions will replace the previous one — the old + editions will be renamed.</p><p class="tei tei-p" style="margin-bottom: 1.00em">Creating the works from public domain print editions means that + no one owns a United States copyright in these works, so the + Foundation (and you!) can copy and distribute it in the United + States without permission and without paying copyright royalties. + Special rules, set forth in the General Terms of Use part of this + license, apply to copying and distributing Project Gutenberg™ electronic works + to protect the Project Gutenberg™ concept and trademark. 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"http://www.tei-c.org/Lite/"> + +]> + +<TEI.2 lang="en"> +<teiHeader> + <fileDesc> + <titleStmt> + <title>On The Structure of Greek Tribal Society: An Essay</title> + <author><name reg="Seebohm, Hugh E.">Hugh E. Seebohm</name></author> + </titleStmt> + <editionStmt> + <edition n="1">Edition 1</edition> + </editionStmt> + <publicationStmt> + <publisher>Project Gutenberg</publisher> + <date>August 18, 2008</date> + <idno type="etext-no">26341</idno> + <availability> + <p>This eBook is for the use of anyone anywhere at no cost and + with almost no restrictions whatsoever. You may copy it, give it + away or re-use it under the terms of the Project Gutenberg + License online at www.gutenberg.org/license</p> + </availability> + </publicationStmt> + <sourceDesc> + <bibl> + Created electronically. + </bibl> + </sourceDesc> + </fileDesc> + <encodingDesc> + </encodingDesc> + <profileDesc> + <langUsage> + <language id="en"></language> + </langUsage> + </profileDesc> + <revisionDesc> + <change> + <date value="2008-08-18">August 18, 2008</date> + <respStmt> + <name> + Produced by Frank van Drogen, David King, and the Online Distributed + Proofreading Team at <http://www.pgdp.net/>. + (This file was produced from scans of public domain works at + McMaster University's Archive for the History of Economic Thought.) + </name> + </respStmt> + <item>Project Gutenberg TEI edition 1</item> + </change> + </revisionDesc> +</teiHeader> + +<pgExtensions> + <pgStyleSheet> + .boxed { x-class: boxed } + .shaded { x-class: shaded } + .rules { x-class: rules; rules: all } + .indent { margin-left: 2 } + .bold { font-weight: bold } + .italic { font-style: italic } + .smallcaps { font-variant: small-caps } + </pgStyleSheet> + + <pgCharMap formats="txt.iso-8859-1"> + <char id="U0x2014"> + <charName>mdash</charName> + <desc>EM DASH</desc> + <mapping>--</mapping> + </char> + <char id="U0x2003"> + <charName>emsp</charName> + <desc>EM SPACE</desc> + <mapping> </mapping> + </char> + <char id="U0x2026"> + <charName>hellip</charName> + <desc>HORIZONTAL ELLIPSIS</desc> + <mapping>...</mapping> + </char> + <char id="U0x0101"> + <charName>a</charName> + <desc>LATIN SMALL LETTER A WITH MACRON</desc> + <mapping>a</mapping> + </char> + <char id="U0x0391"> + <charName>Alpha</charName> + <desc>GREEK CAPITAL LETTER ALPHA</desc> + <mapping>A</mapping> + </char> + <char id="U0x0392"> + <charName>Beta</charName> + <desc>GREEK CAPITAL LETTER BETA</desc> + <mapping>B</mapping> + </char> + <char id="U0x0393"> + <charName>Gamma</charName> + <desc>GREEK CAPITAL LETTER GAMMA</desc> + <mapping>G</mapping> + </char> + <char id="U0x0394"> + <charName>Delta</charName> + <desc>GREEK CAPITAL LETTER DELTA</desc> + <mapping>D</mapping> + </char> + <char id="U0x0395"> + <charName>Epsilon</charName> + <desc>GREEK CAPITAL LETTER EPSILON</desc> + <mapping>E</mapping> + </char> + <char id="U0x0396"> + <charName>Zeta</charName> + <desc>GREEK CAPITAL LETTER ZETA</desc> + <mapping>Z</mapping> + </char> + <char id="U0x0397"> + <charName>Eta</charName> + <desc>GREEK CAPITAL LETTER ETA</desc> + <mapping>AE</mapping> + </char> + <char id="U0x0398"> + <charName>Theta</charName> + <desc>GREEK CAPITAL LETTER THETA</desc> + <mapping>TH</mapping> + </char> + <char id="U0x0399"> + <charName>Iota</charName> + <desc>GREEK CAPITAL LETTER IOTA</desc> + <mapping>I</mapping> + </char> + <char id="U0x039a"> + <charName>Kappa</charName> + <desc>GREEK CAPITAL LETTER KAPPA</desc> + <mapping>K</mapping> + </char> + <char id="U0x039b"> + <charName>Lambda</charName> + <desc>GREEK CAPITAL LETTER 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<mapping>T</mapping> + </char> + <char id="U0x03a5"> + <charName>Upsilon</charName> + <desc>GREEK CAPITAL LETTER UPSILON</desc> + <mapping>U</mapping> + </char> + <char id="U0x03a6"> + <charName>Phi</charName> + <desc>GREEK CAPITAL LETTER PHI</desc> + <mapping>PH</mapping> + </char> + <char id="U0x03a7"> + <charName>Chi</charName> + <desc>GREEK CAPITAL LETTER CHI</desc> + <mapping>CH</mapping> + </char> + <char id="U0x03a8"> + <charName>Psi</charName> + <desc>GREEK CAPITAL LETTER PSI</desc> + <mapping>PS</mapping> + </char> + <char id="U0x03a9"> + <charName>Omega</charName> + <desc>GREEK CAPITAL LETTER OMEGA</desc> + <mapping>O</mapping> + </char> + <char id="U0x03b1"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA</desc> + <mapping>a</mapping> + </char> + <char id="U0x03b2"> + <charName>beta</charName> + <desc>GREEK SMALL LETTER BETA</desc> + <mapping>b</mapping> + </char> + <char id="U0x03b3"> + <charName>gamma</charName> + <desc>GREEK SMALL LETTER GAMMA</desc> + <mapping>g</mapping> + </char> + <char id="U0x03b4"> + <charName>delta</charName> + <desc>GREEK SMALL LETTER DELTA</desc> + <mapping>d</mapping> + </char> + <char id="U0x03b5"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON</desc> + <mapping>e</mapping> + </char> + <char id="U0x03b6"> + <charName>zeta</charName> + <desc>GREEK SMALL LETTER ZETA</desc> + <mapping>z</mapping> + </char> + <char id="U0x03b7"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA</desc> + <mapping>ae</mapping> + </char> + <char id="U0x03b8"> + <charName>theta</charName> + <desc>GREEK SMALL LETTER THETA</desc> + <mapping>th</mapping> + </char> + <char id="U0x03b9"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA</desc> + <mapping>i</mapping> + </char> + <char id="U0x03ba"> + <charName>kappa</charName> + <desc>GREEK SMALL LETTER KAPPA</desc> + <mapping>k</mapping> + </char> + <char id="U0x03bb"> + <charName>lambda</charName> + <desc>GREEK SMALL LETTER LAMBDA</desc> + <mapping>l</mapping> + </char> + <char id="U0x03bc"> + <charName>mu</charName> + <desc>GREEK SMALL LETTER MU</desc> + <mapping>m</mapping> + </char> + <char id="U0x03bd"> + <charName>nu</charName> + <desc>GREEK SMALL LETTER NU</desc> + <mapping>n</mapping> + </char> + <char id="U0x03be"> + <charName>xi</charName> + <desc>GREEK SMALL LETTER XI</desc> + <mapping>z</mapping> + </char> + <char id="U0x03bf"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON</desc> + <mapping>o</mapping> + </char> + <char id="U0x03c0"> + <charName>pi</charName> + <desc>GREEK SMALL LETTER PI</desc> + <mapping>p</mapping> + </char> + <char id="U0x03c1"> + <charName>rho</charName> + <desc>GREEK SMALL LETTER RHO</desc> + <mapping>r</mapping> + </char> + <char id="U0x03c2"> + <charName>sigmaf</charName> + <desc>GREEK SMALL LETTER FINAL SIGMA</desc> + <mapping>s</mapping> + </char> + <char id="U0x03c3"> + <charName>sigma</charName> + <desc>GREEK SMALL LETTER SIGMA</desc> + <mapping>s</mapping> + </char> + <char id="U0x03c4"> + <charName>tau</charName> + <desc>GREEK SMALL LETTER TAU</desc> + <mapping>t</mapping> + </char> + <char id="U0x03c5"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON</desc> + <mapping>u</mapping> + </char> + <char id="U0x03c6"> + <charName>phi</charName> + <desc>GREEK SMALL LETTER PHI</desc> + <mapping>ph</mapping> + </char> + <char id="U0x03c7"> + <charName>chi</charName> + <desc>GREEK SMALL LETTER CHI</desc> + <mapping>ch</mapping> + </char> + <char id="U0x03c8"> + <charName>psi</charName> + <desc>GREEK SMALL LETTER PSI</desc> + <mapping>ps</mapping> + </char> + <char id="U0x03c9"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA</desc> + <mapping>o</mapping> + </char> + <char id="U0x03cb"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH DIALYTIKA</desc> + <mapping>u</mapping> + </char> + <char id="U0x03d7"> + <charName>Kappa</charName> + <desc>GREEK KAI SYMBOL</desc> + <mapping>kai</mapping> + </char> + <char id="U0x03d9"> + <charName>Kappa</charName> + <desc>GREEK SMALL LETTER ARCHAIC KOPPA</desc> + <mapping>k</mapping> + </char> + <char id="U0x03dd"> + <charName>gamma</charName> + <desc>GREEK SMALL LETTER DIGAMMA</desc> + <mapping>g</mapping> + </char> + <char id="U0x1f00"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH PSILI</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f01"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH DASIA</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f02"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH PSILI AND VARIA</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f04"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f05"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH DASIA AND OXIA</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f06"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH PSILI AND PERISPOMENI</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f08"> + <charName>Alpha</charName> + <desc>GREEK CAPITAL LETTER ALPHA WITH PSILI</desc> + <mapping>A</mapping> + </char> + <char id="U0x1f09"> + <charName>Alpha</charName> + <desc>GREEK CAPITAL LETTER ALPHA WITH DASIA</desc> + <mapping>A</mapping> + </char> + <char id="U0x1f0c"> + <charName>Alpha</charName> + <desc>GREEK CAPITAL LETTER ALPHA WITH PSILI AND OXIA</desc> + <mapping>A</mapping> + </char> + <char id="U0x1f0d"> + <charName>Alpha</charName> + <desc>GREEK CAPITAL LETTER ALPHA WITH DASIA AND OXIA</desc> + <mapping>A</mapping> + </char> + <char id="U0x1f10"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON WITH PSILI</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f11"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON WITH DASIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f13"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON WITH DASIA AND VARIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f14"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f15"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f18"> + <charName>Epsilon</charName> + <desc>GREEK CAPITAL LETTER EPSILON WITH PSILI</desc> + <mapping>E</mapping> + </char> + <char id="U0x1f19"> + <charName>Epsilon</charName> + <desc>GREEK CAPITAL LETTER EPSILON WITH DASIA</desc> + <mapping>E</mapping> + </char> + <char id="U0x1f1b"> + <charName>Epsilon</charName> + <desc>GREEK CAPITAL LETTER EPSILON WITH DASIA AND VARIA</desc> + <mapping>E</mapping> + </char> + <char id="U0x1f1c"> + <charName>Epsilon</charName> + <desc>GREEK CAPITAL LETTER EPSILON WITH PSILI AND OXIA</desc> + <mapping>E</mapping> + </char> + <char id="U0x1f20"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH PSILI</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f21"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH DASIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f22"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH PSILI AND VARIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f23"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH DASIA AND VARIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f24"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH PSILI AND OXIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f25"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH DASIA AND OXIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f26"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH PSILI AND PERISPOMENI</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f27"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH DASIA AND PERISPOMENI</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f28"> + <charName>Eta</charName> + <desc>GREEK CAPITAL LETTER ETA WITH PSILI</desc> + <mapping>E</mapping> + </char> + <char id="U0x1f29"> + <charName>Eta</charName> + <desc>GREEK CAPITAL LETTER ETA WITH DASIA</desc> + <mapping>E</mapping> + </char> + <char id="U0x1f2e"> + <charName>Eta</charName> + <desc>GREEK CAPITAL LETTER ETA WITH PSILI AND PERISPOMENI</desc> + <mapping>E</mapping> + </char> + <char id="U0x1f30"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH PSILI</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f31"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH DASIA</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f33"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH DASIA AND VARIA</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f34"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH PSILI AND OXIA</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f35"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH DASIA AND OXIA</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f36"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f37"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f38"> + <charName>Iota</charName> + <desc>GREEK CAPITAL LETTER IOTA WITH PSILI</desc> + <mapping>I</mapping> + </char> + <char id="U0x1f39"> + <charName>Iota</charName> + <desc>GREEK CAPITAL LETTER IOTA WITH DASIA</desc> + <mapping>I</mapping> + </char> + <char id="U0x1f3d"> + <charName>Iota</charName> + <desc>GREEK CAPITAL LETTER IOTA WITH DASIA AND OXIA</desc> + <mapping>I</mapping> + </char> + <char id="U0x1f40"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON WITH PSILI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f41"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON WITH DASIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f43"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON WITH DASIA AND VARIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f44"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f45"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f48"> + <charName>Omicron</charName> + <desc>GREEK CAPITAL LETTER OMICRON WITH PSILI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f49"> + <charName>Omicron</charName> + <desc>GREEK CAPITAL LETTER OMICRON WITH DASIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f4c"> + <charName>Omicron</charName> + <desc>GREEK CAPITAL LETTER OMICRON WITH PSILI AND OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f4d"> + <charName>Omicron</charName> + <desc>GREEK CAPITAL LETTER OMICRON WITH DASIA AND OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f50"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH PSILI</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f51"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH DASIA</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f54"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f55"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH DASIA AND OXIA</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f56"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH PSILI AND PERISPOMENI</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f57"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH DASIA AND PERISPOMENI</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f59"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH DASIA</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f5d"> + <charName>Upsilon</charName> + <desc>GREEK CAPITAL LETTER UPSILON WITH DASIA AND OXIA</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f60"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH PSILI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f61"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH DASIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f64"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH PSILI AND OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f65"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH DASIA AND OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f66"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH PSILI AND PERISPOMENI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f67"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH DASIA AND PERISPOMENI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f68"> + <charName>Omega</charName> + <desc>GREEK CAPITAL LETTER OMEGA WITH PSILI</desc> + <mapping>O</mapping> + </char> + <char id="U0x1f6c"> + <charName>Omega</charName> + <desc>GREEK CAPITAL LETTER OMEGA WITH PSILI AND OXIA</desc> + <mapping>O</mapping> + </char> + <char id="U0x1f6d"> + <charName>Omega</charName> + <desc>GREEK CAPITAL LETTER OMEGA WITH DASIA AND OXIA</desc> + <mapping>O</mapping> + </char> + <char id="U0x1f70"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH VARIA</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f71"> + <charName>alpha</charName> + <desc>GREEK SMALL LETTER ALPHA WITH OXIA</desc> + <mapping>a</mapping> + </char> + <char id="U0x1f72"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON WITH VARIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f73"> + <charName>epsilon</charName> + <desc>GREEK SMALL LETTER EPSILON WITH OXIA</desc> + <mapping>e</mapping> + </char> + <char id="U0x1f74"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH VARIA</desc> + <mapping>ae</mapping> + </char> + <char id="U0x1f75"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH OXIA</desc> + <mapping>ae</mapping> + </char> + <char id="U0x1f76"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH VARIA</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f77"> + <charName>iota</charName> + <desc>GREEK SMALL LETTER IOTA WITH OXIA</desc> + <mapping>i</mapping> + </char> + <char id="U0x1f78"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON WITH VARIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f79"> + <charName>omicron</charName> + <desc>GREEK SMALL LETTER OMICRON WITH OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f7a"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH VARIA</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f7b"> + <charName>upsilon</charName> + <desc>GREEK SMALL LETTER UPSILON WITH OXIA</desc> + <mapping>u</mapping> + </char> + <char id="U0x1f7c"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH VARIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f7d"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH OXIA</desc> + <mapping>o</mapping> + </char> + <char id="U0x1f92"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH PSILI AND VARIA AND YPOGRAMMENI</desc> + <mapping>ae</mapping> + </char> + <char id="U0x1f97"> + <charName>eta</charName> + <desc>GREEK SMALL LETTER ETA WITH DASIA AND PERISPOMENI AND YPOGRAMMENI</desc> + <mapping>ae</mapping> + </char> + <char 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text-align: center">ON THE STRUCTURE</p> + <p rend="font-size: large; text-align: center">OF</p> + <p rend="font-size: xx-large; text-align: center">GREEK TRIBAL SOCIETY</p> + <p rend="font-size: x-large; text-align: center">AN ESSAY</p> + <p rend="font-size: large; text-align: center">by</p> + <p rend="font-size: x-large; text-align: center">Hugh E. Seebohm</p> + <p rend="text-align: center">London</p> + <p rend="text-align: center">MacMillan And Co.</p> + <p rend="font-size: small; text-align: center">And New York</p> + <p rend="text-align: center">1895.</p> + </div> + <div rend="page-break-before: always"> + <head>Contents</head> + <divGen type="toc" /> + </div> + </front> +<body> + +<pb n="v"/><anchor id="Pgv"/> + +<div rend="page-break-before: always"> +<index index="toc"/> +<index index="pdf"/> +<head>Preface</head> + +<p> +These notes, brief as they are, owe more than can +be told to my father's researches into the structure +and methods of the Tribal System. They owe their +existence to his inspiration and encouragement. A +suitable place for them might possibly be found in +an Appendix to his recently published volume on +the Structure of the Tribal System in Wales. +</p> + +<p> +In ascribing to the structure of Athenian Society +a direct parentage amongst tribal institutions, I am +dealing with a subject which I feel to be open to +considerable criticism. And I am anxious that the +matters considered in this essay should be judged +on their own merits, even though, in pursuing the +method adopted herein, I may have quite inadequately +laid the case before the reader. +</p> + +<p> +My thanks are due, for their ready help, to +Professor W. Ridgeway, Mr. James W. Headlam, +and Mr. Henry Lee Warner, by means of whose +kind suggestions the following pages have been +weeded of several of their faults. +</p> + +<p> +It is impossible to say how much I have consciously +or unconsciously absorbed from the works +<pb n="vi"/><anchor id="Pgvi"/> +of the late M. Fustel de Coulanges. His <hi rend='italic'>La Cité +Antique</hi> and his <hi rend='italic'>Nouvelles Recherches sur quelques +Problèmes d'Histoire</hi> (1891) are stores of suggestive +material for the student of Greek and Roman +customs. They are rendered all the more instructive +by the charm of his style and method. I +have merely dipped a bucket into his well. +</p> + +<p> +In quoting from Homer, I have made free use +of the translations of Messrs. Lang, Leaf, and Myers +of the <hi rend='italic'>Iliad</hi>, and of Messrs. Butcher and Lang of +the <hi rend='italic'>Odyssey</hi>; and I wish to make full acknowledgment +here of the debt that I owe to them. +</p> + +<p> +Some explanation seems to be needful of the +method pursued in this essay with regard to the +comparison of Greek customs with those of other +countries. The selection for comparison has been +entirely arbitrary. +</p> + +<p> +Wales has been chosen to bear the brunt of +illustration, partly, as I have said, because of my +father's work on the Welsh Tribal System, partly +because the <hi rend='italic'>Ancient Laws of Wales</hi> afford a +peculiarly vivid glimpse into the inner organisation +of a tribal people, such as cannot be obtained +elsewhere. +</p> + +<p> +The <hi rend='italic'>Ordinances of Manu</hi>, on the other hand, +are constantly quoted by writers on Greek institutions; +and, I suppose, in spite of the uncertainty +of their date, they can be taken as affording a very +fair account of the customs of a highly developed +Eastern people. It would be hard, moreover, to +<pb n="vii"/><anchor id="Pgvii"/> +say where the connection of the Greeks with the +East began or ended. +</p> + +<p> +The use made of the <hi rend='italic'>Old Testament</hi> in these +notes hardly needs further remark. Of no people, +in their true tribal condition before their settlement, +have we a more graphic account than of the +Israelites. Their proximity geographically to the +Phœnicians, and the accounts of the widespread +fame of Solomon and the range of his commerce, +at once suggest comparison with the parallel and +contemporaneous period of Achaian history, immediately +preceding the Dorian invasion, when, if we +may trust the accounts of Homer, the intercourse +between the shores of the Mediterranean must have +been considerable. +</p> + +<p> +All reference to records of Roman customs has +been omitted, not because they are not related or +analogous to the Greek, but because they could not +reasonably be brought within the scope of this +essay. The ancestor-worship among the Romans +was so complete, and the organisation of their +kindreds so highly developed, that they deserve +treatment on their own basis, and are sufficient to +form the subject of a separate volume. +</p> + +<p> +H. E. S. +</p> + +<p> +<hi rend="smallcaps">The Hermitage, Hitchin</hi>.<lb/> +<hi rend='italic'>July, 1895.</hi> +</p> + +<p> +[Transcriber's Note: This e-book contains much Greek text which is often +relevant to the point of the book. In the ASCII versions of the e-book, the Greek +is transliterated into Roman letters, which do not perfectly represent the +Greek original; especially, accent and breathing marks do not transliterate. +The HTML and PDF versions contain the true Greek text of the original book. +In the ASCII e-book, the markings such as (M1) indicate marginal notes, which were +printed in the margins of the original book, but in the e-book are transcribed +at the end with the footnotes.] +</p> + +</div> + +<pb n="001"/><anchor id="Pg001"/> + +<div rend="page-break-before: always"> +<index index="toc"/> +<index index="pdf"/> +<head>Chapter I. Introductory.</head> + +<p> +<note place="margin">Vitality of the tribal system.</note> +In trying to ascertain the course of social development +among the Greeks, the inquirer is met by an +initial difficulty. The Greeks were not one great +people like the Israelites, migrating into and settling +in a new country, flowing with milk and honey. +Their movements were erratic and various, and took +place at very different times. Several partial migrations +are described in Homer, and others are referred to as +having taken place only a few generations back. +The continuation of unsettled life must have had the +effect of giving cohesion to the individual sections +into which the Greeks were divided, in proportion as +the process of settlement was protracted and difficult. +</p> + +<p> +But in spite of divergencies caused by natural +surroundings, by the hostility or subservience of +previous occupants of the soil, there are some features +of the tribal system, wherever it is examined, so +inherent in its structure as to seem almost indelible. +A new civilisation was not formed to fit into the angles +of city walls. Even modification could take place +<pb n="002"/><anchor id="Pg002"/> +only of those customs whose roots did not strike too +deeply into the essence of the composition of tribal +society. +</p> + +<p> +<note place="margin">Its survivals form the subject of this inquiry.</note> +It is the object of these notes to try to put back +in their true setting some of the conditions prevailing, +sometimes incongruously with city life, among the +Greeks in historical times, and by comparison with +analogous survivals in known tribal communities, of +whose condition we have fuller records, to establish +their real historical continuity from an earlier stage +of habit and belief. +</p> + + +<p> +<note place="margin">The centres of political and tribal society.</note> +There were three important public places necessary +to every Greek community and symbolical to the +Greek mind of the very foundations of their institutions. +These were:—the <hi rend='italic'>Agora</hi> or place of assembly, +the place of justice, and the place of religious sacrifice. +From these three sacred precincts the man who stirred +up civil strife, who was at war with his own people, +cut himself off. Such an one is described in Homer +as being, by his very act, <q>clanless</q> (ἀφρήτωρ), <q>out-law</q> +(ἀθέμιστος), and <q>hearthless</q> +(ἀνέστιος).<note place="foot"><hi rend='italic'>Il.</hi> ix. 63.</note> In the +camp of the Greeks before Troy the ships and huts of +his followers were congregated by the hut of their +chief or leader. Each sacrificed or poured libation to +his favourite or familiar god at his own hut +door.<note place="foot"><hi rend='italic'>Il.</hi> ii. 400.</note> +But in front of Odysseus' ships, which, we are told, +were drawn up at the very centre of the camp, stood +the great altar of Zeus Panomphaios—lord of <hi rend='italic'>all</hi> +oracles—<q>exceeding fair.</q><note place="foot"><hi rend='italic'>Il.</hi> xi. +807.</note> <q>Here,</q> says the poet, +<q>were <hi rend='italic'>Agora</hi>, <hi rend='italic'>Themis</hi>, and the altars of +the gods.</q> +</p> + +<pb n="003"/><anchor id="Pg003"/> + +<p> +The Trojans held <hi rend='italic'>agora</hi> at Priam's +doors,<note place="foot"><hi rend='italic'>Il.</hi> ii. 788.</note> and it +is noticeable that the space in front of the chief's hut +or palace was generally considered available for such +purposes as assembly, games, and so forth, just as it +was with the ancient Irish. +</p> + +<p> +<note place="margin">The Prytaneum and Hestia.</note> +In the centre of most towns of Greece<note place="foot"><hi rend='italic'>Journal of +Philology</hi>, xiv. 145 (1885), Mr. Frazer on Prytaneum.</note> stood the +Prytaneum or magistrates' hall, and in the Prytaneum +was the sacred hearth to which attached such reverence +that in the most solemn oaths the name of +Hestia was invoked even before that of Zeus.<note place="foot"><p>Cauer, +<hi rend='italic'>Delect. Inser. Graec.</hi> § 121. (Crete, c. 200 B.C.) <q>I +swear by Hestia in the Prytaneum (τὰν ἐμ πρυτανείῳ), by Zeus of the +Agora, Zeus Tallaios, Apellon Delphinios, Athanaia Poliouchos, +Apellon Poitios, and Lato, and Artemis, and Ares, and Aphordite, +and Hermes, and Halios ... and all gods and goddesses.</q> <hi rend='italic'>Cf.</hi> +also § 116, and <hi rend='italic'>Od.</hi> xiv. 158. +</p> +<p> +Plato, in <hi rend='italic'>Laws</hi> § 848, says +Hestia, Zeus and Athena shall +have temples everywhere. +</p></note> Thucydides +states that each κώμη or village of Attica had +its hearth or Prytaneum of its own, but looked up +to the Hestia and Prytaneum in the city of Athens as +the great centre of their larger polity. In just the +same way the lesser kindreds of a tribe would have their +sacred hearths and rites, but would look to the hearth +and person of their chief as symbolical of their tribal +unity. Thucydides also mentions how great a wrench +it seemed to the Athenians to be compelled to leave +their <q>sacred</q> homes, to take refuge within the walls of +Athens from the impending invasion by the +Spartans.<note place="foot"><hi rend='italic'>Thuc.</hi> ii. 16.</note> +</p> + +<p> +The word <hi rend='italic'>Prytanis</hi> means <q>chieftain.</q> It is probable +that, as the duties sacred and magisterial of the +chief became disseminated among the other officers +of later civilisation, the chief's dwelling, called the +<pb n="004"/><anchor id="Pg004"/> +Prytaneum, acquiring vitality from the indelible +superstition attaching to the hearth within its precincts, +maintained thereby its political importance, +when nothing but certain religious functions remained +to its lord and master in the office of Archon +Basileus. +</p> + +<p> +<note place="margin">Their origin.</note> +Mr. Frazer, in his article in the +<hi rend='italic'>Journal of Philology</hi><note place="foot"><hi rend='italic'>Journal +of Philol.</hi> xiv. 145.</note> upon the resemblance of the Prytaneum in +Greece to the Temple of Vesta in Rome, shows that +both had a direct connection with, if not an absolute +origin in the domestic hearth of the chieftain. The +Lares and Penates worshipped in the Temple of Vesta, +he says, were originally the Lares and Penates of the +king, and were worshipped at his hearth, the only +difference between the hearth in the temple and the +hearth in the king's house being the absence of the +royal householder.<note place="foot"><hi rend='italic'>Op. cit.</hi> p. 153.</note> +</p> + +<p> +Mr. Frazer also maintains that the reverence for +the hearth and the concentration of such reverence +on the hearth of the chieftain was the result of the +difficulty of kindling a fire from rubbing sticks together, +and of the responsibility thus devolving +upon the chieftain unfailingly to provide fire for +his people. Whether this was the origin or not, +before the times that come within the scope of this +inquiry, the hearth had acquired a real sanctity +which had become involved in the larger idea of it +as the centre of a kindred, including on occasion the +mysterious presence also of long dead ancestors. +</p> + +<p> +<note place="margin">Qualification for share in +religious rites one of blood.</note> +The basis of tribal coherence was community of +blood, actual or supposed; the visible evidence of the +<pb n="005"/><anchor id="Pg005"/> +possession of tribal blood was the undisputed participation, +as <hi rend='italic'>one of a kindred</hi>, in the common religious +ceremonies, from which the blood-polluted and the +stranger-in-blood were so strictly shut out.<note place="foot">Exception, however, was +sometimes made in the case of the stranger as a favoured guest, +<hi rend='italic'>v. infra</hi>, p. <ref target="Pg099">99</ref>.</note> It is +therefore in the incidence of religious duties, and in +the qualifications of the participants, that it is reasonable +to seek survivals of true tribal sentiment. +</p> + +<p> +Although the religious life of the Greeks was +always complex, there is not to be found in Homer +the broad distinction drawn afterwards between +public and private gods. It is noticeable that the +later Greeks sought to draw into their homes the +beneficent influence of one or other of the greater +gods, whose protection and guidance were claimed in +times of need by all members of the household. +Secondary influences, though none the less strongly +felt, were those of the past heroes of the house, +sometimes only just dead, to be propitiated at the +family tombs or hearth. Anxiety on this head, and +the deeply-rooted belief in the real need to the dead +of attentions from the living, were, it will be seen, +most powerful factors in the development of Greek +society. +</p> + + +<p> +<note place="margin">Ancestor-worship not obvious in Homer.</note> +The worship of ancestors or household gods as +such is not evident in the visible religious exercises +of the Homeric poems. But this can hardly be a +matter of surprise. The Greek chieftains mentioned +in the poems are so nearly descended from the +gods themselves, are in such immediate relation each +with his guardian deity, and are so indefatigable +in their attentions thereto, that it would surely be +<pb n="006"/><anchor id="Pg006"/> +extremely irrelevant if any of the libations or +hecatombs were perverted to any intermediate, however +heroic, ancestor from the all-powerful and ever +ready divinity who was so often also himself the +boasted founder of the family.<note place="foot">Plato (<hi rend='italic'>Laws</hi> +948) remarks that at the time of Rhadamanthos +the belief in the existence of the gods was a reasonable one, seeing +that at that time most men were sons of gods.</note> +</p> + +<p> +<note place="margin">Offerings of food to the gods,</note> +The libations and hecatombs themselves, however, +seem to serve much the same purpose as the offerings +to the <hi rend='italic'>manes</hi> or household gods, and relieved the +luxurious craving for sustenance in the immortals, +left unsatisfied by their ethereal diet of nectar and +ambrosia.<note place="foot"><hi rend='italic'>Il.</hi> xxiii. 206. It is clear +from <hi rend='italic'>Il.</hi> i. 466 <hi rend='italic'>et seq.</hi> that the +sacrifice was held to be a feast at which the choice portions were +devoured by the god by means of the fire on his altar. <hi rend='italic'>Cf.</hi> p. 139, +note.</note> +</p> + +<p> +<note place="margin">and to the dead.</note> +Yet it is strange that if libations and sacrifices +were paid to the dead <hi rend='italic'>periodically</hi> at their tombs, no +mention of the occurrence is to be found in Homer. +That the dead were believed to appreciate such +attentions may be gathered from the directions given +by Circe to Odysseus. +</p> + +<quote rend="display"> +<q>Then pour a drink-offering to all the dead, first with mead +(μελικρήτῳ), and thereafter with sweet wine, and for the third time +with water, and sprinkle white meal thereon.... and promise +thou wilt offer <hi rend='italic'>in thy halls</hi><note place="foot">It was not +therefore only at the mouth of Hades that the dead +could benefit by such offerings.</note> a barren heifer, the best thou hast, and +fill the pyre with treasure, and wilt sacrifice apart to Teiresias +alone a black sheep without spot, the fairest of your flock.</q> +</quote> + +<p> +<note place="margin">The continuance of his name quite as +important as offerings of food.</note> +This done, the ghosts flock up to drink of the blood +of the victim. But the ghost of Elpenor, who met +his death at the house of Circe by falling from the +roof in his drunken haste to join his already departed +<pb n="007"/><anchor id="Pg007"/> +comrades, and who had therefore received no burial +at their hands, demands no libations or sacrifices for +the refreshment of his thirsty soul, but merely burial +with tears and a barrow upon the shore of the gray +sea, that his name may be remembered by men to +come. +</p> + +<p> +Nestor's son elsewhere is made to remark that +one must not grudge the dead their meed of tears; +for the times are so out of joint, <q>this is now the +only due we pay to miserable men, to cut the hair +and let the tear fall from the cheek.</q><note place="foot"><hi rend='italic'>Od.</hi> +iv. 197. <hi rend='italic'>Cf.</hi> <hi rend='italic'>Il.</hi> xvi. 455.<lb/> +ἔνδα ἑ ταρχύσουσι κασίγνητοι τε ἔται τε<lb/> +τύμβῳ τε στήλῃ τε: τὸ γὰρ γέρας ἐστὶ θανόντων.</note> +</p> + +<p> +Is the right conclusion then that the Homeric +Greeks did not sacrifice at the tombs of their fathers, +and that the so-called ancestor-worship prevalent later +was introduced or revived under their successors? Or +is it that the aristocratic tone of the poet did not +permit him to bear witness to the intercourse with +any deity besides the one great family of Olympic +gods, less venerable than a river or other personification +of nature?<note place="foot">The speculative state of mind +displayed in the <hi rend='italic'>Iliad</hi> may be illustrated from the effect on +Achilles of the apparition of Patroklos after death in a dream. +As he wakes suddenly the conviction comes upon him:—<q>Ay me, +there remaineth then even in the house of Hades a spirit and +phantom of the dead, albeit the life be not anywise therein: for +all night long hath the spirit of hapless Patroklos stood over me, +wailing and making moan, and charged me everything that I +should do, and wondrous like his living self it seemed.</q> +<hi rend='italic'>Il.</hi> xxiii, 113 &c.</note> +</p> + +<p> +There exists such close family relationship amongst +Homer's gods, extended as it is also to most of his +chieftains, that taking into account the conspicuous +<pb n="008"/><anchor id="Pg008"/> +reverence displayed towards the hearth and the +respect for seniority in age, it may perhaps be +justifiable to suppose that domestic religious observances, +other than those directed to the Olympic gods, +were thought by the poet to be as much beneath his +notice as the swarms of common tribesmen who +shrink and shudder in the background of the poems. +</p> + +<p> +<note place="margin">Offerings to the dead in the Old Testament.</note> +Ancestor-worship would be as much out of place +in the Old Testament; and yet there are references +in the Bible to offerings to the dead which, unless they +are held to refer only to importations from outside +religions and not to relapses in the Israelites themselves +to former superstitions of their own people, imply +that the great tribal religion of the Israelites had superseded +pre-existing ceremonies of ancestor-worship. +</p> + +<quote rend="display"> +Deut. xxvi. 13. <q>And thou shalt say before the Lord thy God, +I have brought away the hallowed things out of mine house, and +also have given them unto the Levite and the stranger, to the +fatherless and to the widow, according to all thy commandments +which thou hast commanded me: I have not transgressed thy +commandments, neither have I forgotten them: I have not eaten +thereof in my mourning, neither have I taken away ought thereof +for any unclean use, nor <hi rend='italic'>given ought thereof for the dead</hi>.</q> +</quote> + +<p> +The transgressions of the Israelites in the wilderness +are described in the Psalms:—<q>They joined +themselves also unto Baalpeor and <hi rend='italic'>ate the sacrifices +of the dead</hi>.</q><note place="foot">Ps. cvi. 28. <hi rend='italic'>v.</hi> Maine's +<hi rend='italic'>Early Law and Custom</hi>, p. 59.</note> +</p> + +<p> +It was not necessary for an ancestor to become +a god to be worthy of worship, or to need the +attentions of the living. If he was thought to haunt +tomb or hearth, and to keep his connection thus +with his family in the upper world, he required +nourishment on his visits. He was also considered +<pb n="009"/><anchor id="Pg009"/> +to keep a jealous watch on the continuance of his +fair fame among the living. +</p> + +<p> +<note place="margin">Resemblance between Homer and the Old Testament.</note> +A close resemblance in this point lies between +the Homeric poems and the Old Testament. Though +actual food and drink is not provided for the dead, +yet the stress laid on the permanence of the family, +<hi rend='italic'>lest the name of the dead be cut off from his place</hi>, +is quite in keeping with the request of Elpenor to +Odysseus to insure the continuance of his name in +the memory of living men. +</p> + +<p> +It is quite possible that, as the story of the interview +of Odysseus with the dead reveals that the idea of +the dead enjoying sacrifices of food and drink was +familiar at that time, even though the periodical supply +of such is not mentioned, so the existence of Laban's +household gods and the gathering of the kindred of +Jesse to their family ceremony<note place="foot">1 Sam. xx. 6. +Θυσία τῶν ἡμερῶν ἐκεῖ ὅλῃ τῇ φυλῇ.</note> may bear witness to +the presence of a survival of ancestor-worship in some +equivalent form, underlying the all-absorbing religion +of the Israelites. At this day the spirits of Abraham, +Isaac, and Jacob are considered by the Mohammedans +of Hebron actually to inhabit the cave of Machpelah, +and, in the case of Isaac at any rate, to be extremely +angered by any negligence shown to their altars, +either by omission of the customary ceremonies or by +admission within the sacred precinct of any stranger +of alien faith. +</p> + +<p> +It must not therefore be inferred altogether that +the regular ancestor-worship so-called was of later +origin amongst the Greeks, but rather that the constitution +of society did not afford it the same +<pb n="010"/><anchor id="Pg010"/> +prominence to the mind of Homer and perhaps his +contemporaries, as it acquired later. +</p> + +<p> +<note place="margin">Ancestor-worship in India and Rome.</note> +M. Fustel de Coulanges, in <hi rend='italic'>La Cité Antique</hi>, has +so well established the prevalence of ancestor-worship +among the Greeks, drawing illustration both from +Indian and Roman sources, that no further instances +of its existence are needed here. +</p> + +<p> +The ceremonies however and offerings at the +tombs of their fathers did not supersede, amongst +the Athenians at any rate, their worship of the +Olympic gods. The Olympic gods themselves moreover +were clearly connected with their family life. +The protection of Zeus was specially claimed under +the title of γενέθλιος or even σύναιμος<note place="foot">Soph. +<hi rend='italic'>Antig.</hi> 659.</note> and as ἑρκεῖος +he received worship upon the altar that stood in the +court-yard of nearly every house in Attica.<note place="foot">Coulanges, +<hi rend='italic'>Cité Antique</hi>, p. 65.</note> The +permanent place of these gods in the homes of the +people is further denoted by the use of such epithets +as ἐγγενεῖς<note place="foot"> Soph. <hi rend='italic'>Antig.</hi> 199.</note> +and πατρῷοι.<note place="foot">Soph. <hi rend='italic'>Phil.</hi> 933. Soph. +<hi rend='italic'>Elekt.</hi> 411.</note> +</p> + +<p> +<note place="margin">The need of food for the dead;</note> +The tombs, on the other hand, were not approached +with the purpose of invoking powerful aid, but rather +with the intent of soothing a troubled spirit with care +and attention, and of providing it with such nourishing +refreshment as could not be procured in the +regions of the starving dead. +</p> + +<quote rend="display"> +<q>I come, bringing to my son's sire propitiating libations, such +as are soothing to the dead, from hallowed cow white milk, sweet +to drink; the flower distiller's dew—clear honey; the virgin +spring's refreshing draught; and undefiled from its wild mother, +the liquid gladness of the time-honoured vine; also from the ever-leafy +<pb n="011"/><anchor id="Pg011"/> +growth of the pale green olive fragrant fruit is here, and +twined flowers, children of the teeming earth.</q><note place="foot">Aesch. +<hi rend='italic'>Pers.</hi> 609-618. The speaker in this case is a Persian +and a woman; but many passages might be quoted from the Greek +poets. <hi rend='italic'>Cf.</hi> Lucian, <hi rend='italic'>De Luctu</hi>, 9. +Τρέφονται δὲ ἄρα ταῖς παρ᾽ ἡμῖν χοαῖς καὶ τοῖς καθαγιζομένοις ἐπὶ +τῶν τάφων: ὡς εἴ τῳ μὴ εἴη καταλελειμμένος ὑπὲρ γῆς φίλος ἥ συγγενὴς, +ἄσιτος οὗτος νεκρὸς καὶ λιμώττων ἐν αὐτοῖς πολιτεύεται.</note> +</quote> + +<p> +<note place="margin">the same in Egypt,</note> +The same idea of nourishment of the dead, though +shared with the other gods, determines the offerings +in the Egyptian <hi rend='italic'>Book of the Dead</hi>.<note place="foot">Edited by +C. H. S. Davis (Putnam, 1894).</note> +</p> + +<quote rend="display"> +<q>I live upon loaves, white wheat, beer, red wheat.... Place +me with vases of milk and wine, with cakes and loaves, and plenty +of meat in the dwelling of Anubis.</q><note place="foot"><hi rend='italic'>Id.</hi> +chap. liii.</note> +</quote> + +<quote rend="display"> +<q>Grant to me the funereal food, the drinks, the oxen, the geese, +the fabrics, the incense, the oil, and all the good and pure things +upon which the gods live.</q><note place="foot"><hi rend='italic'>Id.</hi> chap. +lxxii.</note> +</quote> + +<p> +There is one passage that almost implies that the +dead retained in idea a claim upon the produce of the +land which nourished them whilst alive, or that they +had a special allotment even in the other world:— +</p> + +<quote rend="display"> +<q>I sit down among the very great gods of Nut. A field extends +for me; the products of the ground are for me. I eat them; I am +favoured with them; I live in plenty by them.... I am given +corn and wheat for my mouth.</q><note place="foot"><hi rend='italic'>Id.</hi> chap. +lxxvii.</note> +</quote> + +<p> +Chapter cxliv. of the <hi rend='italic'>Book of the Dead</hi> is to +be said, +</p> + +<quote rend="display"> +<q>at the gate of every room while offering to each of them thighs +and heads of red cows, the value of seven vases; while offering +blood extracted from the heart, the value of a hundred vases; +sixteen loaves of white bread, eight round cakes, eight oval cakes, +eight broad thin cakes, eight measures of beer, and eight of wheat, +a perfumed oil-basin full of milk from a white cow, green grass, +green figs, mestem and beads of incense to be burnt.</q> +</quote> + +<pb n="012"/><anchor id="Pg012"/> + +<p> +Chapter cxlviii. ordains that there +</p> + +<quote rend="display"> +<q>shall be placed offerings before them of loaves, beer, meat, +incense, funereal dishes, bringing into favour with Râ and making +that the <hi rend='italic'>deceased is fed in the netherworld</hi>.</q> +</quote> + +<p> +<note place="margin">and in India.</note> +In the next chapters frequent reference will be +made to the offerings to ancestors, or <hi rend='italic'>manes</hi>, among +the ancient Hindoos. With them the cake-offering +to the dead became a most important symbol, uniting +in a common duty all descendants from certain ancestors +within fixed degrees, and marking them off in +the matter of responsibility thereto from more distant +relations, who owed similar duty elsewhere. +</p> + +<p> +<note place="margin">Ancestor-worship not necessarily post-Homeric.</note> +Being thus surrounded by nations that believed +intensely in the need in the dead of nourishment at +the hands of their relatives on earth, it would indeed +be surprising if the Greeks were found not to share in +the belief. But the fact remains that in the earliest +Greek literature it is least conspicuous, and the gulf +seems widest between the living and the dead. Can +this be laid to the charge of the artificial superstitions +of a philosophical class of poets? Or is it due to the +true evolution of such beliefs, that as long as our +search touches upon the unsettled periods of semi-migratory +life, the tombs of individual members of a +family being scattered here or there wherever they +meet their deaths, the offering to the dead takes a +special form, inasmuch as the solidarity of the tribe +eclipses the importance of the family as a unit, and +the religious ceremonies of the chieftain absorb the +attention of the lesser members of the tribe? +</p> + +<p> +M. de Coulanges points out that the meaning of +the Latin word <hi rend='italic'>Lar</hi> is lord, prince or master, and +<pb n="013"/><anchor id="Pg013"/> +that <hi rend='italic'>Hestia</hi> was sometimes designated by the Greeks +with the similar title of mistress of the house, or +princess.<note place="foot"><hi rend='italic'>Cité Antique</hi>, p. 93, ἑστία +δέσποινα.</note> +</p> + +<p> +If, as long as the tribe was felt to be a real unit, +the religious instincts of the tribesmen were concentrated +upon the worship of their tribal deities—the +great ancestors of the tribe, and more emphatically +and directly the ancestors of their chieftain—it would +be quite natural, in the weakening of the central worship, +for the titles of honour and respect to be used +equally towards those meaner ancestors who henceforth +occupied the religious energies of the head of +each family or household. In fulfilment of a similar +sentiment, the later Greeks commonly used the word +ἥρως in speaking of a dead friend, deeming that any +one who departed this life passed to the ranks of +those princes of the community from whom all were +proud to trace descent. +</p> + +<p> +<note place="margin">The hearth and the tie of common blood.</note> +M. de Coulanges considers that the sacred rites of +the family at the hearth formed a more real tie than +the belief in a common blood; and that upon this +religious basis was built up the greater hearth of the +Prytaneum as the centre of city life, to bind together +the several families composing the community. But +without pretending to come to a final decision on +this the main tendency of social development, surely +something may yet be said in favour of the contrary +theory; that the reverence that centred in the hearth +was in effect the expression of the sanctity of the tie +of blood, as felt by all members of the house, and that +this feeling drew its real importance for the community, +<pb n="014"/><anchor id="Pg014"/> +not from the founding of the city by the +amalgamation of several families, but as a survival +from an earlier stage of life, when society circled +round what was then in more than name the Prytaneum +of the tribal chieftain. +</p> + +<p> +Facts are wanting to justify a conclusion as to +which of these theories bears the closest resemblance +to the truth, but it is easy to imagine what might +be the line of development if the latter hypothesis be +maintained. +</p> + +<p> +<note place="margin">Possible course of social development.</note> +During the wanderings and migrations of peoples +in the search for greener pastures or broader lands, +each community or tribe would be constantly under +arms and subject to attack from the enemies they +were passing through or subjugating. This constant +sojourning in a strange land, surrounded by foes, +would be a source of much solidarity to the tribe +itself, drawing its members closely together for +mutual defence and subsistence. +</p> + +<p> +But when once the tribe had found a country to +its taste, and had made a settlement with borders comparatively +permanently established, emphasis would +be transferred to the petty quarrels and internal dissensions +arising between different sections within the +community itself. The tie of common blood, uniting +all members of the tribe, would be gradually disregarded +and displaced by the less homely and more +political relation of fellow-citizenship, which, though +retaining many of the characteristics of the tribal +bond, would necessarily be felt in a very different +manner. +</p> + +<p> +In this disintegration of the larger unit, the +existence of kinship by blood would be acknowledged +<pb n="015"/><anchor id="Pg015"/> +only where the relationship was obvious and well +known. And it would no longer be sufficient merely +to prove membership of a kindred; as those outside +certain limits would claim exemption from the +responsibilities entailed by closer relationship. +</p> + +<p> +<note place="margin">The change of tribesmen into citizens.</note> +So, too, in the matter of religious observance: +the reverence of the individual for the Prytaneum +and common hearth of the state would undergo a +change into a less personal sentiment; the rites +connected therewith would be delegated to an official +priest; and it is with the head of each family, surrounded +by those who are really conscious of their +connection by blood in common descent from much +more immediate ancestors, that the true tribal feeling +would longest survive, though, of course, on much +narrower lines. +</p> + +<p> +The privileges of citizenship were, it will be seen, +as carefully guarded as those of the tribe, but in a +more perfunctory and arbitrary manner; whilst the +intimate connection of the members of the family +with the hearth and the graves of their ancestors +stands out in strong relief. +</p> + +<p> +By the time of Hesiod, besides the violation of the +universal sanctity of a guest or suppliant, the chief +sins are against members of the same household, +defrauding orphans, or insulting an aged +parent.<note place="foot"><hi rend='italic'>Wks. & Days</hi>, 327-332.</note> +Behaviour to other than blood-relations is regulated +by expediency, by what you may expect in return +from your neighbours.<note place="foot"><hi rend='italic'>Id.</hi> 353-5.</note> +</p> + +<p> +Whether the family is to be regarded as the chief +factor in the composition of the city, or how much of +<pb n="016"/><anchor id="Pg016"/> +its composition the city owes to direct inheritance +from the tribal system, must, as has been said, be +left unsolved. Some small light may perhaps be shed +upon the problem as this inquiry proceeds. +</p> + +<p> +<note place="margin">The study of the family introductory to the history of the +tribe.</note> +At any rate, if the true basis of the organisation +of the family and the kindred, as found in historic +times in Greece, could once be established, material +assistance ought to have been gained for rightly +understanding the structure of that earlier society, +whatever it was, from which the rules, that govern +those within the bond of kinship, were survivals. +</p> + +</div> + +<pb n="017"/><anchor id="Pg017"/> + +<div rend="page-break-before: always"> +<index index="toc"/> +<index index="pdf"/> +<head>Chapter II. The Meaning Of The Bond Of Kinship.</head> + +<lg> +<l>παῖδες γὰρ ἀνδρὶ κληδόνες σωτήριοι</l> +<l>θανόντι: φελλοὶ δ᾽ ὥς ἄγουσι δίκτυον,</l> +<l>τὸν ἐκ βυθοῦ κλωστῆρα σώζοντες λίνου.</l> +<l rend="margin-left: 10"><hi rend='italic'>Aeschylus.</hi></l> +</lg> + +<div> +<index index="toc"/> +<head>§ 1. The Duty Of Maintenance Of Parents During +Life, And After Death At Their Tomb.</head> + +<p> +<note place="margin">The duties of the individual to his οἶκος,</note> +As the hearth was the centre of the sanctity and +reverence of the family, so the word οἶκος was the customary +term to signify the smaller group of the composite +γένος, consisting of a man and his immediate +descendants. In the first place, the individual was +absolutely committed to sacrifice all his personal feelings +for the sake of the continuity of his οἶκος, and this +was his supreme duty. But whereas several οἶκοι +traced their descent from a common ancestor, a +group of gradually diverging lines of descent +were formed, sharing mutually the responsibility +of the maintenance of continuity, and the privilege +of inheritance and protection. +</p> + +<p> +Before examining how far these parallel lines +remained within the reach of claims of kinship, or +how soon the reverence for the more immediate predecessors +<pb n="018"/><anchor id="Pg018"/> +absorbed the memory of the more remote +ancestor, it will be well to have a clear understanding +of what the claims of kindred were, and how they +affected the member of the οἶκος, in respect of his +duties thereto. +</p> + +<p> +<note place="margin">began with his living parents;</note> +Plato<note place="foot"><hi rend='italic'>Laws</hi> § 717, Trans. Jowett, +<hi rend='italic'>cf.</hi> 729 C and 931 <hi rend="smallcaps">A</hi>.</note> +declares that honour should be given to:— +</p> + +<p> +1. Olympian Gods. +</p> + +<p> +2. Gods of the State. +</p> + +<p> +3. Gods below. +</p> + +<p> +4. Demons and Spirits. +</p> + +<p> +5. Heroes. +</p> + +<p> +6. Ancestral Gods. +</p> + +<p> +7. <hi rend='italic'>Living Parents</hi>, <q>to whom we have to pay the greatest and +oldest of all debts: in property, in person, in soul; paying the +debts due to them for the care and travail which they bestowed on +us of old in the days of our infancy, and which we are now to pay +back to them when they are old and in the extremity of their +need.</q> +</p> + +<p> +<note place="margin">and extended to their tomb.</note> +The candidates for the archonship were asked, +among other things, whether they treated their +parents properly.<note place="foot"><p>Arist, <hi rend='italic'>Ath. Pol.</hi> lv. 3. +Isaeus, viii. 32. <q>The law commands us to maintain (τρέφειν) +our parents even if they have nothing to leave us.</q> <hi rend='italic'>Cf.</hi> Ruth +iv. 15 διαθρέψαι τὴν πολιάν σου. +</p> +<p> +<hi rend='italic'>Iliad</hi> iv. 477 and xvii. 302. +</p> +<p> +... οὐδὲ τοκεῦσιν<lb/> +θρέπτα φίλοις ἀπέδωκε... +</p> +<p> +Hesiod, <hi rend='italic'>Works and Days</hi>, 118. +</p> +<p> +οὐδέ κεν οἵγε<lb/> +γηράντεσσι τοκεῦσιν ἀπὸ θρεπτήρια δοῖεν<lb/> +χειροδίκαι. +</p></note> It was only in case of some +indelible stain, such as wife-murder, that the debt +of maintenance of the parent was cancelled.<note place="foot">Plato, +<hi rend='italic'>Laws</hi>, 877 <hi rend="smallcaps">C</hi>.</note> Yet +even when the father had lost his right of maintenance +by crime or foul treatment, the son was still +bound to bury him when he died and to perform +all the customary rites at his tomb.<note place="foot">Aeschin. <hi rend='italic'>c. +Timarch.</hi> § 13.</note> +</p> + +<pb n="019"/><anchor id="Pg019"/> + +<p> +<q>Is it not,</q> says Isaeus, <q>a most unholy thing, +if a man, without having done any of the customary +rites due to the dead, yet expects to take the inheritance +of the dead man's property?</q><note place="foot">Isaeus, iv. 19 +(<hi rend='italic'>Nicostrat.</hi>).</note> +</p> + +<p> +<note place="margin">Continuity of the family;</note> +The duty of maintenance of the parent thus +extended even beyond the tomb, and this retrospective +attitude of the individual gives us the clue to +his position of responsibility also with regard to +posterity. +</p> + +<p> +The strongest representation possible of this +attitude is given in the <hi rend='italic'>Ordinances of Manu</hi>, where +it is stated that a man <q>goes to hell</q> who has no son +to offer at his death the funeral cake. +</p> + +<p> +<note place="margin">in the <hi rend='italic'>Ordinances of Manu</hi>;</note> +<q>No world of heaven exists for one not possessed +of a son.</q> The debt, owed by the living member of +a family to his <hi rend='italic'>manes</hi>, was to provide a successor to +perform the rites necessary to them after his own +death. +</p> + +<quote rend="display"> +<q>By means of the eldest son, as soon as he is born, a man +becomes possessed of a son and is thus cleared of his debt to the +<hi rend='italic'>manes</hi></q> +</quote> + +<quote rend="display"> +<q>A husband is born again on earth in his son.</q> +</quote> + +<quote rend="display"> +<q>If among many brothers born of one father, <emph>one</emph> should have +a son, Manu said all those brothers would be possessed of sons by +means of that son.</q> +</quote> + +<p> +<hi rend='italic'>i.e.</hi> one representative was sufficient as regards the +duties to the <hi rend='italic'>manes</hi> in the house of the grandfather. +</p> + +<quote rend="display"> +<q>Thro' a son one conquers worlds, thro' a son's son one attains +endlessness, and through the son's son of a son one attains the +world of the Sun.</q> +</quote> + +<quote rend="display"> +<q>The sort of reward one gets on crossing the water by means of +bad boats is the sort of reward one gets on crossing the darkness +(to the next world) by means of bad +sons.</q><note place="foot"><hi rend='italic'>Ordinances of Manu</hi>, translated +by A. C. Burnell, edited by E. W. Hopkins. London: 1884. +Bk. ix. 106, 8, 182, 137, 161.</note> +</quote> + +<pb n="020"/><anchor id="Pg020"/> + +<p> +<note place="margin">and according to Plato.</note> +Plato expresses the same feeling in the +<hi rend='italic'>Laws</hi>:<note place="foot"><hi rend='italic'>Laws</hi>, 721 +<hi rend="smallcaps">B</hi>, Trans. Jowett, +<hi rend='italic'>cf.</hi> 923 <hi rend="smallcaps">A</hi>.</note> +</p> + +<quote rend="display"> +<q>After a sort the human race naturally partakes of immortality, +of which all men have the greatest desire implanted in them; for +the desire of every man that he may become famous, and not lie in +the grave without a name, is only the love of continuance ... In +this way they are immortal leaving [children's] children behind +them, with whom they are one in the unity of generation. And +for a man voluntarily to deprive himself of this gift of immortality, +as he deliberately does who will not have a wife and children, +is <emph>impiety</emph>.</q> +</quote> + +<p> +The functions and duties of the individual towards +his family and relations thus find their explanation +in his position as link, between the past and the +future, in the transmission to eternity of his family +blood. +</p> + +<p> +His duties to his ancestors began with the death +of his father. He had at Athens to carry out the +corpse, provide for the cremation, gather the remains +of the burnt bones, with the assistance of the rest of +the kindred,<note place="foot">Dem. <hi rend='italic'>c. Leoch.</hi> 1090, +and <hi rend='italic'>Il.</hi> xxiii. 163, xvi. 455, xxiv. 793.</note> +and show respect to the dead by the +usual form of shaving the head, wearing mourning +clothes, and so on. Nine days after the funeral he +must perform certain sacrifices and periodically after +that visit the tombs and altars of his family in the +family burying-place.<note place="foot">Dem. <hi rend='italic'>c. Macart.</hi> +1077.</note> If he had occasion to perform +military service, he must serve in the tribe and the +deme of his parent (στρατεύειν ἐν τῇ φυλῇ καὶ ἐν τῷ +δήμῳ).<note place="foot">Isaeus, ii. 36 and 42.</note> +Before he can enter into his inheritance +he must fulfil all the ordinances incumbent on one +in his position, and in the Gortyn Laws it is +<pb n="021"/><anchor id="Pg021"/> +stated that an adopted heir cannot partake of the +property of his adoptive father unless he undertakes +the sacred duties of the house of the deceased.<note place="foot">Arist. +<hi rend='italic'>Pol.</hi> 1, 2, 4, Ἡ κτῆσις +μέρος τῆς οἰκίας ἐστί.</note> Thus the right of ownership of the family estate +rested always with the possession of the blood of the +former owners; and such a representative demonstrated +his right by stepping into his predecessor's +shoes and by taking upon himself all responsibility +for the fulfilment of the rites, thereafter to be performed +to him also when he shall have been gathered +to the majority of his family. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 2. The Duty Of Providing Male Succession.</head> + +<p> +But however piously and carefully he performed +his many duties to his ancestors, his work was only +transitory and incomplete, unless he provided a +successor to continue them after him into further +generations. +</p> + +<p> +<note place="margin">The importance of male succession.</note> +The procreation of children was held to be of such +importance at Sparta<note place="foot">Plut. <hi rend='italic'>Lycurg. and Numa</hi> 4. +Xen. <hi rend='italic'>Rep. Lac.</hi> i. 7 to 9.</note> that if a wife had no children, +with the full knowledge of her husband she admitted +some other citizen to her, and children born from +such a union were reckoned as born to the continuation +of her husband's family, without breach of the +former relations of husband and wife.<note place="foot">From Xen. +<hi rend='italic'>Rep. Lac.</hi> i. 9, it would seem that such children, +born into a family where there were already children of both +father and mother, had no share in the family property.</note> This is the +exact custom stated in the <hi rend='italic'>Ordinances of Manu</hi> +<pb n="022"/><anchor id="Pg022"/> +(ix. 59), where it is laid down that a wife can be +<q>commissioned</q> by her husband to bear him a son, +but she must only take a kinsman within certain +degrees, whose connection with her ceases on the birth +of one son.<note place="foot">This was the practice also in +Arabia (Rob. Smith, <hi rend='italic'>Kinship &c.</hi>, +p. 110).</note> Otherwise it was a man's duty to divorce +a barren wife and take another. But he must +divorce the first, and could not have two hearths or +two wives.<note place="foot">Herod. v. 40.</note> +</p> + +<p> +A curious instance of how this sentiment worked +in practice in directly the opposite direction to +our modern ideas, is mentioned in Herodotus. +Leaders of forlorn hopes nowadays would be inclined +to pick out as comrades the unmarried men, as +having least to sacrifice and fewest duties to forego. +Whereas Leonidas, in choosing the 300 men to make +their famous and fatal stand at Thermopylae, is stated +to have selected all <emph>fathers with sons living</emph>.<note place="foot">Herod. +vii. 205. Quoted by Hearn, <hi rend='italic'>Aryan Household</hi>, p. 71.</note> +</p> + +<p> +Hector is made to use this idea in somewhat +similar manner. He encourages his soldiers with:— +</p> + +<quote rend="display"> +<q>If a man fall fighting for his fatherland, it is no dishonourable +thing: and his wife and his children left behind, and his οἶκος +and κλῆρος are unharmed, if the Achaians go but back to their +own country.</q><note place="foot"><hi rend='italic'>Iliad</hi> xv. 497.</note> +</quote> + +<p> +If the enemy are driven out, though he be killed +himself, yet if he leave children behind, his household +and their property will remain unharmed. +</p> + +<p> +All about to die, says Isaeus, take thought not to +leave their οἶκος desolate (ἔρημος),<note place="foot">Is. vii. 30.</note> +but that there shall be some one to carry the name of their house +<pb n="023"/><anchor id="Pg023"/> +down to posterity, who shall perform all the customary +rites at the tomb due to them also when they shall +have joined the ranks of ancestors.<note place="foot">Is. ii. 36.</note> +</p> + +<p> +Where children were reckoned of the tribe of +their father and not of their mother, and where a +woman was incapable of performing sacred rites, a male +heir was necessary for the direct transmission of blood +and property. Sons entered upon their inheritance +immediately on the death of their father, nor had he +the power to dispossess them in favour of others, +whilst brothers, cousins, legatees, had always to prove +their title and procure judgment from the court in +their favour.<note place="foot">Is. iii. 59 and 60, vi. 28.</note> +</p> + +<p> +<note place="margin">Succession through a daughter.</note> +Failing sons however, the next descent lay through +a daughter. Nor were her qualifications in herself +complete or sufficient in theory to form the necessary +link in the chain of succession. The next of kin +male had to marry her with the property of which +she was ἐπίκληρος;<note place="foot">For want of a better translation +implying <q>going with the property</q> this word will be rendered +by <q>heiress.</q></note> but neither she nor he really +possessed the property, and the sons born from the +marriage succeeded thereto directly on attaining a +certain age. The next of kin had in the meantime +of course to represent his wife's father in +all the religious observances, and was said to have +power to live with the woman (κύριος συνοικῆσαι +τῇ γυναικί), but not to dispose of the property +(κύριος τῶν χρημάτων);<note place="foot">Is. viii. 31. <hi rend='italic'>Cf.</hi> +συνουκεῖν in Dem. <hi rend='italic'>in Neaeram</hi> 1386.</note> +the sons becoming κύριοι τῶν +χρημάτων at sixteen years old, and owing thence +only maintenance (τρέφειν) to their mother from +<pb n="024"/><anchor id="Pg024"/> +the property.<note place="foot">Demosth. <hi rend='italic'>Steph</hi>. ii. 1134. +Son. of ἐπίκληρος inherits (κρατεῖν τῶν χρημάτων) ἐπὶ δίετες; τὸν δὲ +σῖτον μετρεῖν τῇ μητρί.</note> The heiress was compelled to marry +at a certain age and was adjudicated by law to the +proper kinsman.<note place="foot">Is. vi. 14. <hi rend='italic'>Cf.</hi> Ar. +<hi rend='italic'>Vesp</hi>. 583 <hi rend='italic'>et seq.</hi></note> +</p> + +<p> +Again an exact parallel is to be found in the +<hi rend='italic'>Ordinances of Manu</hi>:— +</p> + +<quote rend="display"> +<q>One who is without a son should, by the following rule, make +his daughter provide him a son:—<q>The offspring which may be +hers shall be for me the giver of offerings to the <hi rend='italic'>manes</hi>.</q></q> +</quote> + +<p> +The whole property of a man is taken by this +daughter's son,<note place="foot"><hi rend='italic'>Manu</hi> ix. 131 and 132.</note> +and, by her bearing a son, <emph>her father</emph> +<q>becomes possessed of a son, who should give the +funeral cake and take the property.</q><note place="foot"><hi rend='italic'>Ib.</hi> +136.</note> +</p> + +<p> +If she die without a son, her husband would take +(presumably by a sort of adoption).<note place="foot"><hi rend='italic'>Ib.</hi> +135.</note> But this would +be perfectly natural, if, as in Greece, her husband +was bound to be the next of kin and therefore heir +failing issue from her. +</p> + +<p> +<note place="margin">She must marry the next of kin.</note> +At Athens it was part of the office of the archon +to see that no οἶκος failed for want of representatives, +to constrain a reluctant heiress to marry or to +compel the next of kin to perform his duty. +Plato<note place="foot"><hi rend='italic'>Laws</hi>, 924.</note> +asks pardon for his imaginary legislator, if he shall +be found to give the daughter of a man in marriage +having regard only to the two conditions—nearness +of kin, and the preservation of the property; disregarding, +in his zeal for these, the further considerations, +which the father himself might be expected +<pb n="025"/><anchor id="Pg025"/> +to have had, with regard to the suitability of the +match.<note place="foot"><p><hi rend='italic'>Cf.</hi> Terence, +<hi rend='italic'>Phormio</hi> 125-6. +</p> +<p> +Lex est ut orbae, qui sunt genere proxumi,<lb/> +Eis nubant, et illos ducere cadem haec lex jubet.<lb/> +</p> +<p> +and Diod. Sic. xii. 18: ὁ δὲ +ἀγχιστεὺς πλούσιος ὦν ἠναγκάσθη +γῆμαι γυναῖκα πενιχρὰν ἐπίκληρον +ἄνευ προικός. +</p></note> +</p> + +<p> +<note place="margin">even though already married.</note> +A certain leniency was however allowed to the +heiress who was unwilling to marry an obnoxious +kinsman, and to the kinsman who had counterclaims +upon him in his own house. Nevertheless the rules +remained very strict. Isaeus states emphatically,<note place="foot">Isaeus, iii. +64.</note> <q>Often have men been compelled by law to give up +their properly wedded wives, owing to their becoming +ἐπίκληροι through the death of their brother to their +father's property and having to marry the next of +kin (τοῖς ἐγγυτάτα γένους),</q> to prevent the extinction +of their father's house. +</p> + +<p> +Manu warns those about to marry to be careful +that their children shall not be required to continue +their wives' father's family, to the desolation of their +own. +</p> + +<quote rend="display"> +<q>She who has not a brother ... let not a wise man marry her, +through fear of the law about a daughter's +son.</q><note place="foot"><hi rend='italic'>Ordinances</hi> iii. 11.</note> +</quote> + +<p> +Again Isaeus:— +</p> + +<quote rend="display"> +<q>We, because of our nearness of kin, would have been compelled +to maintain (γηροτροφεῖν) our aged grandfather and either ourselves +marry Cleonymos' (our uncle's) daughters or give them away with +their portions to others and all this our kinship, the laws, and <emph>our +shame</emph> would have compelled us to perform or incur the greatest +penalties and the <emph>utmost disgrace</emph>.</q><note place="foot">Isaeus, i. +39.</note> +</quote> + +<p> +<note place="margin">Similar rules in the laws of Gortyn,</note> +In the laws of Gortyn very clear rules are laid +<pb n="026"/><anchor id="Pg026"/> +down to be followed where there were difficulties in +the way of the heiress marrying the next of kin. +</p> + +<quote rend="display"> +<q>The heiress shall marry the eldest brother of her father that +is alive. If there are more heiresses and uncles, they shall ever +marry the eldest. If there are no uncles but sons of uncles, +she shall marry the son of her father's eldest brother. If there +are more than one heiress and sons of uncles, they shall ever +marry the son of the eldest in order: but a man shall not marry +more than one heiress</q><note place="foot">vii. 15-ix. 24. We may +compare this with <hi rend='italic'>Odyssey</hi> vii. 60 +<hi rend='italic'>et seq.</hi> where Alkinoos marries his +<emph>niece</emph>, Arete, the only child and +therefore ἐπίκληρος of his brother Rhexenor.</note> +</quote> + +<p> +There is also a statement made by Demosthenes<note place="foot"><hi rend='italic'>c. +Macart.</hi> 1068 (<hi rend='italic'>Law</hi>)</note> +that sounds as if it might have come from the <hi rend='italic'>Ordinances +of Manu</hi>. It is there stated that if there were +more than one heiress, <emph>only one</emph> need be dealt with +in respect to <emph>providing succession</emph>, though all shared +in the property. +</p> + +<p> +The law of Gortyn goes on:— +</p> + +<quote rend="display"> +<q rend="pre">If the man will not marry her, though of age and wishing to +marry, the guardians of the heiress shall sue, and the judge shall +condemn him to marry her in two months. If he will not marry +her, according to the law, she shall have all the property and shall +marry the next of kin (after him) if there is one....</q> +</quote> + +<quote rend="display"> +<q rend="pre">If she is of age and does not wish to marry the next of kin or if +he is a minor and she does not wish to wait, she ... can marry +whom she will of those who claim her of the tribe. But she shall +apportion off his share of the property to the first of kin.</q> +</quote> + +<quote rend="display"> +<q rend="pre">If there are no kin to her, she shall have all the property and +marry whom she will of the tribe.</q> +</quote> + +<quote rend="display"> +<q>If no one of the tribe will marry her, her guardians shall ask +throughout the tribe, <q> Will any marry her?</q> And if any one +then marries her, he shall do it in thirty days after the <q>asking.</q> +But if there is still no one, she shall marry any one else she can.</q> +</quote> + +<p> +Such pains were taken to find a representative +<pb n="027"/><anchor id="Pg027"/> +for the deceased in his family, or at any rate +in his <emph>tribe</emph>.<note place="foot">(Plut. <hi rend='italic'>Solon</hi> +21. ἐν τῷ γένει τοῦ τεθηκότος ἔδει τὰ χρήματα +καταμένειν. Plato, <hi rend='italic'>Laws</hi> 925. A +heiress <emph>must</emph> marry a citizen. In +the Gortyn laws, if any one marry the heiress contrary to law, the +next of kin shall have the property).</note> +</p> + +<p> +<note place="margin">and amongst the Israelites.</note> +The same questions seem to have arisen amongst +the Israelites in the time of Moses. +</p> + +<quote rend="display"> +Numbers xxxvi. 8. <q rend="pre">And every daughter that possesseth an +inheritance (LXX. ἀγχιστεύουσα κληρονομίαν) in any tribe of the +children of Israel, shall be wife unto one of the family of the tribe +of her father (ἐνὶ τῶν ἐκ τοῦ δήμου τοῦ πατρὸς αὐτῆς), that the children +of Israel may enjoy (ἀγχιστεύειν) every man the inheritance of his +fathers.</q> +</quote> + +<quote rend="display"> +<q rend="pre">Even as the Lord commanded Moses, so did the daughters of +Zelophehad.</q> +</quote> + +<quote rend="display"> +<q>For Mahlah, Tirzah and Hoglah, and Milcah, and Noah, the +daughters of Zelophehad, were married unto their father's brother's +sons (LXX. τοῖς ἀνεψιοῖς αὐτῶν).</q> +</quote> + +</div> + +<div> +<index index="toc"/> +<head>§ 3. The Position Of The Widow Without Child +And The Duties Of An Only Daughter.</head> + +<p> +<note place="margin">The levirate proper not found in Greece.</note> +The <hi rend='italic'>levirate</hi>, or marriage with deceased husband's +brother, seems to have had no place in Greek family +law. The wife was of no <emph>kin</emph> necessarily to the +husband; and so it would not tend to strengthen the +transmission of blood if the next of kin married the +widow on taking the inheritance of his relative +deceased without issue. The wife in Greek law could +not inherit from her husband, whose property went +to his father's or mother's relations; and only when +it became a question of finding an heir to her <emph>son</emph>, +and failing all near paternal kinsmen, could the +<pb n="028"/><anchor id="Pg028"/> +inheritance pass through her, and then as the mother +of her dead son, not as widow of her dead husband. +Even then, being a woman, she had no right of enjoyment, +only of transmission. She could only inherit +on behalf of her issue by a second husband, and +failing her issue the inheritance would pass to her +brothers and so on. In Greece the claim upon the +δαήρ (Latin <hi rend='italic'>levir</hi>) for marriage seems to have begun +with his brother's daughter, not his brother's widow. +</p> + +<p> +<note place="margin">The widow returned to her guardian.</note> +The childless widow on the death of her husband +had to return to her own family or whoever of +her kindred was guardian (κύριος) of her, and if she +wished, be given again in marriage by him.<note place="foot"><p>Dem. +<hi rend='italic'>c.</hi> <hi rend='italic'>Macart</hi>. 1076. +Widow only allowed to remain in her deceased husband's house +on plea of pregnancy and under the guardianship of the archon. +</p> +<p> +Dem. <hi rend='italic'>c.</hi> <hi rend='italic'>Boeot</hi>. 1010. Wife leaves +her husband's house and is portioned out again by her brothers. +</p></note> +</p> + +<p> +The woman at Athens even after marriage always +retained her κύριος or guardian,<note place="foot"><p>Cf. <hi rend='italic'>Ord. of +Manu</hi> v. 147-8. <q rend="pre">No act is to be done according to +(her) own will by a young girl, a young woman, or even by an +old woman, though in (their own) houses.</q> +</p> +<p> +<q>In her childhood (a girl) should be under the will of her +father; in her youth, of her husband; her husband being dead, +of her sons; a woman should never enjoy her own will.</q></p></note> who was at once her +protector and trustee. He was probably the head of +the οἶκος to which she originally belonged—her next +of kin—and had great power over her.<note place="foot"><p>Dem. +<hi rend='italic'>c.</hi> <hi rend='italic'>Spoud</hi>. 1029. Father +takes away daughter and gives her to another. +</p> +<p> +<hi rend='italic'>Cf.</hi> also Dem. <hi rend='italic'>c.</hi> +<hi rend='italic'>Eubulid</hi>. 1311. +</p> +<p> +Isaeus, v. 10. By coming into an inheritance from his first +cousin, a man also becomes guardian (ἐπίτροπος καὶ κύριος) of his +three female first cousins, though all married.</p></note> +</p> + +<p> +A case there is<note place="foot">Dem. <hi rend='italic'>pro Phormio.</hi> 953.</note> +where the heir to the property +also takes the wife of the previous owner; but in +this case the husband may have been κύριος of his own +<pb n="029"/><anchor id="Pg029"/> +wife, and so could bequeath, or give her away to whomever +he liked.<note place="foot">As in Isaeus, ii. 7 and 8.</note> +</p> + +<p> +In the <hi rend='italic'>Ordinances of Manu</hi>, the limitations of the +levirate are very strictly defined.<note place="foot">ix. 70. &c.</note> +In the case of a man leaving a widow, she must not marry again, +or she lost her place in heaven by his side. +</p> + +<p> +But if she was childless, the next of kin of her +husband must beget one son by her; he did not +<emph>marry</emph> her, and his connection with her <emph>ceased on the +birth of a son</emph>. +</p> + +<p> +<note place="margin">Marriage of near relations.</note> +The laws of Manu otherwise are strict against the +marriage of close relations; a restriction not found in +Greece. +</p> + +<p> +Isaeus<note place="foot">vii. 11 and 12.</note> mentions that it was thought quite +natural for a man to marry his first cousin in order +to concentrate the family blood, and prevent her +dowry or whatever property might come to her from +going outside his οἶκος, and we know that even +marriage with a half-sister (not born of the same +mother) was not forbidden. +</p> + +<p> +There are more instances than one in Homer of a +man marrying his aunt, or niece. +</p> + +<p> +The nearest resemblance to the levirate in Greece +is the occasional custom at Sparta, mentioned already, +of a wife being <q>commissioned</q> to bear children by +another man into the family of her husband. But +this exists in Manu, side by side with the above-mentioned +custom of levirate proper. +</p> + +<p> +<note place="margin">The levirate among the Israelites.</note> +Among the Israelites, the levirate was in full +force; the craving for continuance was the same as +among the followers of Manu and the Greeks; and +<pb n="030"/><anchor id="Pg030"/> +the custom with regard to heiresses is so vividly told +that it is worth quoting at some length. +</p> + +<quote rend="display"> +Deut. xxv. 5. <q rend="pre">If brethren dwell together and one of them die +and have no child, the wife of the dead shall not marry without +unto a stranger: her husband's brother [<hi rend='italic'>i.e.</hi> next of kin] +shall go in unto her and take her to him to wife and perform the duty of an +husband's brother to her.</q> +</quote> + +<quote rend="display"> +<q rend="pre">And it shall be that the firstborn which she beareth shall +<emph>succeed in the name of his brother that is dead</emph>, that his name be not +put out of Israel.</q> +</quote> + +<quote rend="display"> +<q rend="pre">And if the man like not to take his brother's wife, then let his +brother's wife go up to the gate unto the elders and say, <q>My +husband's brother refuseth to raise up unto his brother a name in +Israel, he will not perform the duty of my husband's brother.</q></q> +</quote> + +<quote rend="display"> +<q rend="pre">Then the elders of his city shall call him and speak unto him: +and if he stand to it and say, <q>I like not to take her,</q> then shall his +brother's wife come unto him in the presence of the elders, and +loose his shoe from off his foot, and spit in his face, and shall +answer and say: <q>So shall it be done unto that man that will not +build up his brother's house (LXX. οἶκος).</q></q> +</quote> + +<quote rend="display"> +<q>And his name shall be called in Israel, <q>The house (οἶκος) of +him that hath his shoe loosed.</q></q> +</quote> + +<p> +<note place="margin">The case of Tamar.</note> +Such was the scorn felt for the man who refused +to perform the duties of nearest kinsman. In the +thirty-eighth chapter of Genesis is told the story of +Tamar, the wife of Judah's eldest son who died childless. +The second son's refusal to raise up seed to his +brother because he knows that <emph>his own name will not +be perpetuated thereby, but his brother's</emph>, meets with +summary punishment. <q>And the thing that he did +was evil in the sight of the Lord, and He slew him +also.</q><note place="foot">Gen. xxxviii. 10.</note> +Afterwards, when it was reported to her +father-in-law that Tamar had a child by some one not +of his family, he was exceedingly wroth, and said, +<q>Bring her forth and let her be burnt.</q> Accordingly, +after he had received his own <q>tokens</q> from her hand, +<pb n="031"/><anchor id="Pg031"/> +his approval of her action, in her desire to perpetuate +the name of her dead husband, is all the more +striking, and shows how real such a claim as Tamar's +was in the practice of those days, extreme though +her action was felt to be. And Judah acknowledged +his tokens and said, <q>She hath been more righteous +than I: because that I gave her not to Shelah my +[youngest] son.</q> +</p> + +<p> +<note place="margin">The case of Ruth.</note> +The statement of the customary procedure in +Deuteronomy is very picturesquely illustrated and +fulfilled in detail in the story of Ruth, who though +only a daughter-in-law takes the position of heiress +through a sort of adoption by her mother-in-law +Naomi, on her refusal to go back to her own people. +<q>Where thou goest, I will go: where thou lodgest, I +will lodge: thy people shall be my people, and thy +God, my God. Where thou diest will I die, and +there will I be buried.</q> She accepts Naomi's hearth +her kin, her religion, and finally her tomb. +</p> + +<p> +Elimelech and his two sons dying in Moab, Naomi +and both her daughters-in-law are left widows in a +strange land. If Naomi had other sons, upon them +would have devolved the duty of taking Orpah and +Ruth to wife. But Naomi declares herself<note place="foot">Ruth i. 8-12.</note> +too old to marry again and be the mother of sons, and implores +her daughters-in-law to return to their own people in +Moab, where she hopes they will start afresh with +new husbands, a course which seems always to have +been open to wives in tribal communities. Orpah +does so, but Ruth elects to remain with Naomi, and +returning with her to Bethlehem takes her chance +<pb n="032"/><anchor id="Pg032"/> +among the kindred of Elimelech. Happening to +arrive at Bethlehem at the beginning of the barley +harvest, it so chances that Ruth goes forth to glean +upon that part of the open field which belonged to +Boaz—a rich man of the συγγενία of Elimelech, who, +having heard of her devotion to Naomi and the house +of his late kinsmen, protects her from possible insult +from strangers and treats her richly. On her return +home Naomi informs her that Boaz is of their next +of kin (τῶν ἀγχιστευόντων)<note place="foot">For the meaning of ἀγχιστεύς see below +p. <ref target="Pg055">55</ref>.</note> whose place it was to +redeem property sold or lost by a kinsman. This +duty is thus set forth in Leviticus:— +</p> + +<quote rend="display"> +<note place="margin">Dependence on the next of kin.</note> +Lev. xxv. 25. <q>And if thy brother be waxen poor and sell +some of his possession, then shall his kinsman (ἀγχιστεύων) that is +next to him come and shall redeem that which his brother hath +sold.</q> +</quote> + +<p> +An instance of it in practice is given in Jeremiah. +</p> + +<quote rend="display"> +Jerem. xxxii. 8. <q>So Hanameel mine uncle's son came to me +in the court of the guard according to the word of the Lord and +said unto me, <q>Buy my field, I pray thee, that is in Anathoth which +is in the land of Bethlehem: for the right of inheritance is thine, +and the redemption is thine: buy it for thyself.</q></q> +</quote> + +<p> +But on Ruth's applying to Boaz, he informs her +that though he is ἀγχιστεύς, <hi rend='italic'>i.e.</hi> within the reach of the +claim on the next of kin, yet is there one ἀγχιστεύς +who is nearer than he, and who must first be asked. +</p> + +<quote rend="display"> +<q>Now Boaz went up to the gate and sat down there, and behold +the near kinsman of whom Boaz spake came by, unto whom +he said, <q>Ho, such an one! turn, aside, sit down here,</q> and he +turned aside and sat down. And he took ten men of the elders +of the city and said, <q>Sit ye down here,</q> and they sat down. And +<pb n="033"/><anchor id="Pg033"/> +he said unto the near kinsman, <q>Naomi that is come again out of +the country of Moab selleth the parcel of land which was our +brother Ehmelech's: and I thought to disclose it to thee, saying, +<q>Buy it before them that sit here and before the elders of my +people.</q> If thou wilt redeem it, redeem it; but if thou wilt not +redeem it, tell me that I may know; for there is none to redeem it +beside thee, and I am after thee.</q> And he said, <q>I will redeem it.</q> +Then said Boaz, <q>What day thou buyest the field of the hand of +Naomi thou must buy it also of Ruth the Moabitess, <emph>the wife of the +dead, to raise up the name of the dead upon his inheritance</emph>.</q> And +the near kinsman said, <q>I cannot redeem it for myself <emph>lest I mar +my own inheritance</emph>; take thou my right of redemption on thee; for +I cannot redeem it.</q></q> +</quote> + +<p> +The rendering of the Vulgate of the kinsman's +reply is more easily understood:—<q>I yield up my +right of near kinship: for neither ought I to blot out the +continuance (<hi rend='italic'>posteritas</hi>) of my family: do thou use +my privilege, which I declare that I freely renounce.</q> +</p> + +<quote rend="display"> +<q>And he drew off his shoe. And Boaz said unto the elders and +unto all the people, <q>Ye are witnesses this day that I have bought +all that was Elimelech's ... Chilion's and Mahlon's of the hand of +Naomi. Moreover Ruth, the wife of Mahlon, have I purchased to +be my wife to <emph>raise up the name of the dead</emph> upon his inheritance, +that the name of the dead be not cut off from among his +brethren and from the gate of his place: ye are witnesses this +day.</q> And all the people that were in the gate and the elders +said, <q>We are witnesses ... May thy house be like the house of +Perez whom Tamar bare unto Judah</q> &c.</q> +</quote> + +<p> +Now Boaz was sixth in descent from this Perez +whose mother Tamar, as quoted above, had been in +much the same position as Ruth. +</p> + +<p> +It is interesting to read further that the son born +of this marriage of Ruth and Boaz is taken by the +women of Bethlehem to Naomi, saying, <q><emph>There is a +son born to Naomi</emph>,</q> emphasising the duty of the +heiress to bear a son, not into her husband's family, +but to that of her father. +</p> + +<pb n="034"/><anchor id="Pg034"/> + +<p> +The story of Ruth is not, therefore, an exact +example of the custom of levirate. But it illustrates +incidentally the unity of the family. The sons of +Elimelech died before the family division had taken +place, and the house of Elimelech their father was +thus in jeopardy of extinction. If Naomi had come +within the proper operation of the levirate, the next +of kin ought to have married <emph>her</emph>, but by her adoption +of Ruth as her daughter, she gave Ruth the position +of heiress or ἐπίκληρος, whilst the heir born to Ruth +was called son, not of Ruth's former or present husband, +but of Elimelech and (by courtesy) of Naomi, Elimelech's +widow, through whom the issue ought otherwise +to have been found. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 4. Succession Through A Married Daughter: +Growth Of Adoption: Introduction Of New +Member To Kinsmen.</head> + +<p> +<note place="margin">The son of the heiress must leave his father's house,</note> +But if the heiress was already married and had +sons, she need not be divorced and marry the next of +kin, though that still lay in her power. It was considered +sufficient if she set apart one of her sons to +be heir to her father's house. But she must do this +absolutely: her son must entirely leave her husband's +house and be enfranchised into the house of her father. +If she did not do this with all the necessary ceremonies, +the house of her father would become extinct, which +would be a lasting shame upon her. +</p> + +<p> +Isaeus<note place="foot">xi. 49.</note> mentions a case where a wife inherits +from her deceased brother a farm and persuades her +<pb n="035"/><anchor id="Pg035"/> +husband to emancipate their second son in order that +he may carry on the family of her brother and take +the property. +</p> + +<p> +<note place="margin">and enter that of the deceased relative</note> +In another passage<note place="foot">Isaeus, vii. 31.</note> +the conduct of married sisters +in not appointing one of their own sons to take his +place as son in the house of their deceased brother, +and in absorbing the property into that of their +husbands, whereby the οἶκος of their brother became +ἔρημος, is described as shameful (αἰσχρῶς). +</p> + +<p> +In Demosthenes<note place="foot"><hi rend='italic'>c. Macart.</hi> 1077.</note> +a man behaving in similar wise +is stigmatised as ὑβριστής. +</p> + +<p> +<note place="margin">Hence the custom of adoption.</note> +Herein lay the reason that adoption became so +favourite a means in classical times of securing an +heir. It became almost a habit among the Athenians +who had no sons, to adopt an heir—often even the +next of kin who would naturally have succeeded to +the inheritance.<note place="foot">Dem. <hi rend='italic'>c. Leochar.</hi> 1093. ἐκ +τῶν κατὰ γένος ἐγγυτάτω εἰσποιεῖν υἱὸν τῷ τετελευτηκότι ὅπως ἄν ὁ +οἶκος μὴ ἐξερημωθῇ.</note> +</p> + +<p> +The transfer of the adopted son from the οἶκος of +his father to the οἶκος he was chosen to represent +was so real that he lost all claim to inheritance in his +original family, and henceforth based his relationship +and rights of kinship from his new position as son of +his adoptive father. This absolutely insured the childless +man that his successor would not merge the +inheritance in that of another οἶκος, and made it +extremely unlikely that he would neglect his religious +duties as they would be henceforth his own ancestral +rites. +</p> + +<p> +Sometimes, it seems,<note place="foot">Is. x. 17.</note> sons of an unfortunate +<pb n="036"/><anchor id="Pg036"/> +father were adopted into another οἶκος so as not to +share in the disgrace brought upon their family. +In such a case presumably their father's house would +be allowed to become extinct. +</p> + +<p> +<note place="margin">The introduction of the heir to the kindred.</note> +The inheritance of property being only an accessory +to the heirship,<note place="foot">Arist. <hi rend='italic'>Pol.</hi> 1, 2, 4 Ἡ κτῆσις +μέρος τῆς οἰκίας ἐστί.</note> the ceremony of adoption consisted +of an introduction to the kindred and to the ancestral +altars, and an assumption of the responsibilities +connected therewith. +</p> + +<p> +<note place="margin">The same for true as for adopted son.</note> +The process was the same as for the proclamation +of the true blood of a son, and was exactly in accordance +with tribal instincts. +</p> + +<p> +Whatever the history of the φρατρία at Athens, +in it seems to have been accumulated a great number +of the survivals of tribal sentiment. +</p> + +<p> +<note place="margin">The ceremony at Athens;</note> +The adoption at Athens took place at the gathering +of the phratores in order that all the kin might be +present (παρόντων τῶν συγγενῶν).<note place="foot">Is. ii. 14.</note> The adopter must +lead his son to the sacrifices on the altars<note place="foot">Is. vii. 1, 16, 13 +and 27.</note> and must +show him to the kinsmen (συγγενεῖς or γεννῆται) and +phratores: he must give assurance on the sacrifices +that the young man was born in lawful wedlock from +free citizens. This done, and no one questioning his +rights, the assembly proceeded to vote<note place="foot">Dem. <hi rend='italic'>c. +Eubulid.</hi> 1315.</note> and if the vote +was in his favour, then and not till then he was enrolled +in the common register (εἰς τὸ κοινὸν γραμματεῖον) of +the phratria in the name of son of his adopted father. +As a father could not without reason disinherit his +true-born sons, so the phratores could not without +reason refuse to accept them to the kinship.<note place="foot">Is. vi. 25.</note> +</p> + +<pb n="037"/><anchor id="Pg037"/> + +<p> +If any of the phratores objected to the admission +of the new kinsman, he must stop the sacrifices and +remove the victim from the altar.<note place="foot">Andoc. <hi rend='italic'>de +Myst.</hi> 126.</note> He would have +to state the grounds of his objection, and if he could +not produce good reasons, he incurred a fine. If there +was no objection, the unsacrificial parts of the victim +were divided up and each member took home with +him his share,<note place="foot">Dem. <hi rend='italic'>c. Macart.</hi> 1054 and +1078.</note> or joined in a feast provided by the +father of the admitted son.<note place="foot">Dem. <hi rend='italic'>c. Leoch.</hi> +1091. Isaeus iii. 80 and viii. 18.</note> +</p> + +<p> +<note place="margin">and at Gortyn;</note> +The ceremonial given in the Gortyn laws is +similar:— +</p> + +<quote rend="display"> +x. 33. <q>The adoption shall take place in the agora when all the +citizens have assembled, from the stone from which speeches are +made. And the adopter shall give to his own brotherhood +(ἑταιρεία) a victim-for-sacrifice and a vessel of wine (πρόκοος).</q> +</quote> + +<p> +The adopted son gets all the property and shall +fulfil the divine and human duties of his adoptive +father<note place="foot">Isaeus ix. 7 (<hi rend='italic'>Astyph.</hi>) +τελευτήσαντι αὐτῷ καὶ τοῖς ἐκείνου προγόνοις τά νομιζόμενα ποισει.</note> +and shall inherit as in the law for true-born +sons. But if he does not fulfil them according to +law, the next of kin shall take the property. He can +only renounce his adoption by paying a fine. +</p> + +<p> +The adopted son thus introduced was considered +to have become of the blood of his adoptive father, +and was unable to leave his new family and return to +his original home unless he left in the adoptive +house a son to carry on the name to posterity. As +long as he remained in the other οἶκος, <hi rend='italic'>i.e.</hi> had not +provided for his succession and by certain legal +ceremonies been readmitted to his former family, he +<pb n="038"/><anchor id="Pg038"/> +was considered of no relationship to them and had no +right of inheritance in their goods.<note place="foot">Isaeus vi. 44; ix. 2 and 33; +x. 2 and 4. Dem. <hi rend='italic'>c. Leoch.</hi> passim. <hi rend='italic'>Cf. +Manu</hi>, ix. 142.</note> +</p> + +<p> +An adopted son could not adopt or devise by will, +and if he did not provide for the succession by +leaving a son to follow him, the property went back +into the family and to the next of kin of his adopted +father.<note place="foot">Dem. <hi rend='italic'>c. Leoch.</hi> 1094, 1099, +and (<hi rend='italic'>lex Solonis</hi>) 1100.</note> +</p> + +<p> +If he did return to his former οἶκος, leaving a +son in his place and that son died, he could not return +and take the property thus left without heir +direct.<note place="foot"><hi rend='italic'>Ib.</hi> 1090.</note> +</p> + +<p> +<note place="margin">and also in India.</note> +Adoption amongst the Hindoos took place in like +manner before the convened kindred. The adopting +father offered a burnt-offering, and with recitation of +holy words in the middle of his dwelling completed +the adoption with these words:— +</p> + +<quote rend="display"> +<q>I take thee for the fulfilment of my religious duties; I take +thee to continue the line of my ancestors.</q><note place="foot">Mayne on +<hi rend='italic'>Hindu Law</hi> (1892), p. 105 and 162.</note> +</quote> + +<p> +The adopted son should be as near a relation as +possible, and when once the ceremony had taken +place, was considered to have as completely lost his +position in his former family as if he had never been +born therein.<note place="foot"><hi rend='italic'>Op. cit.</hi> p. 141-2 and 189. +<hi rend='italic'>Manu</hi> ix. 142. He offers no cake +to his original ancestors.</note> +</p> + +<p> +<note place="margin">The introduction to the deme.</note> +The introduction into the deme which took place at +the age of eighteen at Athens, including the enrolment +in the ληξιαρχικόν γραμματεῖον, seems to have been a +registration of rights of property and an assumption +of the full status of citizen. The word ληξιαρχικός is +<pb n="039"/><anchor id="Pg039"/> +defined by Harpocration as meaning <q>capable of +managing the ancestral estate (τὰ πατρῷα οἰκονομεῖν).</q> +The word λῆξις is used by Isaeus for the application, +by others than direct descendants, to the Archon for +the necessary powers to take their property. +</p> + +<p> +It appears to have been at this period that the +young man left the ranks of boyhood and dedicated +himself to the responsibilities of his life. +</p> + +<p> +<note place="margin">The custom of +tonsure.</note> +Plutarch<note place="foot"><hi rend='italic'>Thes.</hi> 5.</note> +states that it was the custom at coming +of age to tonsure the head and offer the hair to some +god, and describes the young Theseus as adopting +what we know as the Celtic tonsure, thenceforth +called after his name. +</p> + +<quote rend="display"> +<q>The custom still being in existence at that time for those +quitting childhood to go to Delphi and dedicate<note place="foot">ἀπάρχεσθαι: in +Homer to <q>begin</q> a sacrifice by offering the +<emph>hair</emph> of the victim. Later, to <q>dedicate.</q></note> their hair to the +god, Theseus also went to Delphi (and the place is still called +after him the Theseia, so they say) and <emph>shaved the hair of his head +in front only</emph> (ἐκείρατο τὰ πρόσθεν μόνον) Homer says the Abantes +do:<note place="foot"><hi rend='italic'>Il.</hi> ii. 542 ὄπιθεν κομόωντες.</note> +and this kind of tonsure (κουρά) is called <q>Theseis</q> because +of him. Now the Abantes first shaved themselves in this manner, +not in imitation of the Arabs<note place="foot">Herod, iii. 8. The Arabs cut +their hair in a ring away from the temples.</note> as some have it, nor even in emulation +of the Mysians, but being a warlike people and fighting hand +to hand, ... as Archilochos testifies. For this reason Alexander is +said to have ordered his Macedonians to shave their beards....</q> +</quote> + +<p> +This cutting the hair as token of dedication to +any particular object or deity was of common occurrence. +Achilles' hair was dedicated as an offering to the +river Spercheios in case of his safe +return.<note place="foot"><hi rend='italic'>Il.</hi> xxiii. 141-6.</note> Knowing +that this is impossible, in his grief at the death of +Patroklos, with apologies to the god he cuts his +<pb n="040"/><anchor id="Pg040"/> +flowing locks and lays them in the hand of his dead +friend. +</p> + +<p> +Pausanias declares that it was the custom with +all the Greeks to dedicate their hair to rivers.<note place="foot">Paus. i. 37, 3.</note> +</p> + +<p> +Theophrastus<note place="foot"><hi rend='italic'>Char.</hi> 21.</note> +mentions as a characteristic of the +man of Petty Ambition that he will <q>take his son +away to Delphi to have his hair cut (ἀποκεῖραι),</q> +showing that this venerable custom had by that time +become pedantic and an object of ridicule. +</p> + +<p> +According to Athenaeus,<note place="foot"><hi rend='italic'>Deipnosoph.</hi> xi. +88.</note> when the young men +cut their hair they brought a large cup of wine to +Herakles and, pouring a libation, offered it to the +assembled people to drink. +</p> + +<p> +The age at which the hair was cut seems to have +varied. The <hi rend='italic'>Ordinances of +Manu</hi><note place="foot"><hi rend='italic'>Manu</hi> ii. 65.</note> give the following +instructions:— +</p> + +<quote rend="display"> +<q>The Keçanta (tonsure-rite) is ordered in the sixteenth +year<note place="foot"><hi rend='italic'>Cf.</hi> ii. 38. This was the last +year that a Brahman could receive investiture.</note> +of a Brahman, in the twenty-second of a Ksatriya, and in two years +more after that for a Vaiçya.</q> +</quote> + +<p> +But whenever the actual tonsure was performed, +it seems to have been a very widely spread custom, +symbolical in some way of devotion to a deity or +kindred, or to some particular course of life. +</p> + +<p> +Its importance in this place, however, lies in its +being one of the special acts relating to the admission +to tribal status, and to the devotion, so to speak, of +the services of the individual to the corporate needs +of his tribe or kindred. +</p> + +<p> +The public introduction to the kindred, combined +<pb n="041"/><anchor id="Pg041"/> +with publicity of marriage and of the birth of +children would, it is obvious, be a very important +protection for the preservation of the jealously +guarded purity of the tribal blood. Isaeus<note place="foot">Isaeus, vi. 10.</note> says +that all relations (προσήκοντες), all the phratores, and +most (οἱ πολλοί) of the demesmen would know whom +a man married, and what children he had. This, in +addition to the oath (πίστις) of the father or of the +mother<note place="foot"><hi rend='italic'>Anc. Grk. Inscr.</hi> Brit. Mus. +cccxv. cccxvii. and cccxviii. Oath of mother required before legitimacy +registered, in the island of Kalymna.</note> of the legitimacy of the son introduced to +his kin, would seem a very sufficient +safeguard.<note place="foot"><hi rend='italic'>Cf.</hi> Aristot. <hi rend='italic'>Ath. +Pol.</hi> xlii.</note> +</p> + +<p> +If a child was not introduced to the phratores, it +was considered illegitimate,<note place="foot">Isaeus, iii. 75.</note> and could have +no share in the rites of kindred and +property.<note place="foot"><hi rend='italic'>Ib.</hi> vi. 47. +<hi rend='italic'>Cf.</hi> Deuteronomy xxiii. i.</note> +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 5. The Liability For Bloodshed.</head> + +<p> +<note place="margin">Liability for bloodshed rested on a group of kinsmen.</note> +A notable feature of the tribal system all over the +world was the <hi rend='italic'>blood-feud</hi>, wiped out only by the death +of the manslayer or by the payment of a sufficient +recompense. The incidence of the responsibility for +murder and for payment of the recompense upon a +group instead of only on the guilty individual was of +remarkable tenacity, and survived to comparatively +late days. +</p> + +<p> +In Arabia the whole tribe of the murderer subscribed +to the blood-money, which went to all the +males in the tribe of the murdered man.<note place="foot">Robertson Smith, +<hi rend='italic'>Kinship, &c. in Arabia</hi>, p. 262.</note> +</p> + +<pb n="042"/><anchor id="Pg042"/> + +<p> +But in Greece the responsibility fell upon the next +of kin, with the help and under the supervision of the +rest of the immediate kindred. He had to see that a +spear was carried in front of the funeral of the slain +man and planted in his grave, which must be watched +for three days.<note place="foot">Dem. <hi rend='italic'>in Euerg.</hi> and +<hi rend='italic'>Mnesib.</hi> 1160.</note> He must make proclamation of the +foul deed at the tomb, and must undergo purificatory +rites, himself and his whole house (οἰκία). If the +dead body be found in the country and no cause of +death known, the demarch must compel the relatives +to bury the corpse and to purify the deme on the +same day.<note place="foot">Dem. <hi rend='italic'>Macart.</hi> 1069. +<hi rend='italic'>Cf.</hi> Deut. xxi. 1-9.</note> +</p> + +<p> +The subject is a familiar one in Homer. The wanderer +(μετανάστης) is said to have no value (he is +ἀτίμητος), no fine is exacted for his death. +</p> + +<quote rend="display"> +<hi rend='italic'>Il.</hi> xiv. 483. <q>That my brother's price (κασιγνήτοιο ποινή) +be not unpaid: even for this it is that a man may well pray to +have some kinsman in his halls (γνωτὸν ἐνὶ μεγάροισιν) to avenge +(ἀλκτήρ) his fall.</q> +</quote> + +<quote rend="display"> +<hi rend='italic'>Il.</hi> ix. 634. <q>Yet doth a man accept recompense of his brother's +murderer: or for his dead son: and so the manslayer for a great +price abideth in his own land (ἐν δήμῳ) and the other's heart is +appeased and his proud soul, when he hath taken the +recompense.</q><note place="foot"><hi rend='italic'>Cf. Od.</hi> iii. 195.</note> +</quote> + +<p> +<note place="margin">No ransom for murders within the tribe;</note> +There are many men told of in the <hi rend='italic'>Iliad</hi> and +<hi rend='italic'>Odyssey</hi> who were in the position of refugees at the +court of some chief. As many of them were wealthy—chiefs' +sons or even chiefs—and well able to pay large +recompenses, it seems probable that (as is definitely +stated in some instances), if the murder was committed +on a member of the same family or tribe as the murderer, +<pb n="043"/><anchor id="Pg043"/> +the only way to wipe out the stain was by death or +perpetual exile, as in the case of the typical fratricide +Cain. The blood-price was then only between tribe +and tribe or city and city. Within the kindred there +would be no ransom allowed.<note place="foot"><hi rend='italic'>Il.</hi> ix. 63.<lb/> +ἀφρήτωρ, ἀθέμιστος, ἀνέστιός ἐστιν ἐκεῖνος,<lb/> +ὅς πολέμου ἔραται ἐπιδημίου ὀκρυόεντος.</note> +</p> + +<p> +Medon had slain the brother of his step-mother +and was a fugitive from his country.<note place="foot">Il. xiii. 695. +<hi rend='italic'>Cf.</hi> xv. 335.</note> +</p> + +<p> +Epeigeus <emph>ruled</emph> (ἤνασσε) fairest Boudeion of old, +but having slain a good man of his kin (ανεψιόν), to +Peleus fled, a suppliant.<note place="foot"><hi rend='italic'>Il.</hi> xvi. 572.</note> +</p> + +<p> +Tlepolemos slew his own father's maternal uncle, +gathered much folk together and fled across the sea, +because the other sons and grandsons of his father +threatened him.<note place="foot"><hi rend='italic'>Il.</hi> ii. 662.</note> +</p> + +<quote rend="display"> +<hi rend='italic'>Il.</hi> xxiv. 479. <q>And as when a grievous curse cometh upon a man +who in his own country (ἐνὶ πάτρη) hath slain another and escapeth +to a land of other folk (δῆμον ἄλλων) to the house of some rich man, +and wonder possesseth them that look on +him....</q><note place="foot"><hi rend='italic'>Cf. Od.</hi> xiii. 259, xiv. 380.</note> +</quote> + +<quote rend="display"> +<hi rend='italic'>Od.</hi> xv. 272. <q>Having slain a man of my tribe (ἔμφυλον): +and many are his relations (κασίγνητοι) and kinsmen (ἔται) in +Argos: at their hands do I shun death and black fate and am in +exile.</q> +</quote> + +<quote rend="display"> +<hi rend='italic'>Od.</hi> xxiii. 118. <q>For whoso hath slain but one man in his +country (ἐνὶ δήμῳ) for whom there be not many avengers +(ἀοσσητῆρες) behind, he fleeth leaving his kin (πηούς) and his +fatherland, how then we who have slain the pillar of the state!</q> +</quote> + +<p> +<note place="margin">or between citizen and citizen.</note> +If ransom there was none for the murderer within +the tribe, there was equally none for murders between +citizen and citizen,—in this point also the inheritors of +the sentiments of tribesmen. In the law of Solon<note place="foot">Quoted in Dem. +<hi rend='italic'>c. Aristocrat.</hi> 629.</note> it +<pb n="044"/><anchor id="Pg044"/> +was forbidden to take payment in compensation from +the murderer:— +</p> + +<quote rend="display"> +<q>The murderer can be slain in our land, not tortured, not held +to ransom (μηδὲ ἀποινᾷν).</q> +</quote> + +<p> +Plato<note place="foot"><hi rend='italic'>Laws</hi> 865 d.</note> +describes the soul of the deceased as +troubled with a great anger against the murderer, so +that even the innocent and unintentional homicide +must needs flee at any rate for a year. The presence +too of a man thus denied with bloodshed at the +sacred altars was held to be a gross impiety and +source of divine anger. Plato<note place="foot"><hi rend='italic'>Ib.</hi> +871. Soph. O.C. 407. Oedipus could not be buried on +Theban soil, because he had shed ἔμφυλον αἷμα.</note> says:— +</p> + +<quote rend="display"> +<q>The murderer shall be slain, but not buried in the country +(χώρα) of the deceased, which would be a disgrace and +impiety.</q><note place="foot"><hi rend='italic'>Cf</hi>. Aeschines in +<hi rend='italic'>Ctesiph.</hi> 244.</note> +</quote> + +<p> +In the case of a suicide, the hand that committed +the crime was to be cut off and buried separately. +</p> + +<p> +In Isacus<note place="foot">ix. 17-19. <hi rend='italic'>Cf.</hi> Dem. +<hi rend='italic'>c. Pantaen.</hi> 983, 59.</note> it is related how Euthukrates in a +quarrel over a boundary-stone was so flogged by his +<emph>brother</emph> Thoudippos that, dying some days after, he +charged his friends (οἱκεῖοι) not to allow any of Thoudippos' +people (τῶν Θουδίππου) to approach his tomb. +But if the murdered man before his death forgave his +murderer, the relatives could not proceed against him. +</p> + +<p> +If the murderer escaped fleeing he must go forever: +if he returned he could be killed at sight by any +one and with impunity.<note place="foot">Plato, <hi rend='italic'>Laws</hi> 871 +<hi rend="smallcaps">D</hi>.</note> The pollution rested on the +whole kindred of the murdered man. +</p> + +<quote rend="display"> +<q>Whosoever <emph>being related to the deceased</emph> on the male or female +side of those within the cousinship shall not prosecute the murderer +when he ought or proclaim him outlaw, he shall <emph>take upon himself +<pb n="045"/><anchor id="Pg045"/> +the pollution</emph> and the hatred of the gods ... and he shall be in the +power of any who is willing to avenge the dead.</q><note place="foot">Plato, +<hi rend='italic'>Laws</hi> 871 <hi rend="smallcaps">B</hi>. +<hi rend='italic'>Cf.</hi>868.</note> +</quote> + +<p> +The pollution cannot be washed out until the +homicidal soul has given life for life and has laid to +sleep the wrath of the whole family +(ξυγγένια).<note place="foot"><hi rend='italic'>Ib.</hi> 872 +<hi rend="smallcaps">E</hi>. <hi rend='italic'>Cf.</hi> Tacitus, +<hi rend='italic'>Germania</hi>, 21. Suscipere tam inimicitias +seu patris seu propinqui quam amicitias necesse est. Nec implacabiles +durant: luitur enim etiam homicidium certo armentorum ac pecorum +numero, <emph>recipitque satisfactionem universa domus</emph>, utiliter in +publicum, quia periculosiores sunt inimicitiae juxta libertatem.</note> +</p> + +<p> +If it is a beast that has killed the man, it shall be +slain to propitiate the kin and atone for the blood shed. +</p> + +<p> +If it is a lifeless thing that has caused death, it +shall solemnly be cast out before witnesses to acquit +the whole family from guilt.<note place="foot"><hi rend='italic'>Ib.</hi> 873 +<hi rend="smallcaps">E</hi>.</note> +</p> + +<p> +Amongst the Israelites, treating of homicides +<emph>amongst themselves</emph>, compensation was forbidden in +like manner. +</p> + +<quote rend="display"> +Numbers xxxv. 31. <q rend="pre">Moreover ye shall take no satisfaction for +the life of a murderer which is guilty of death: but he shall surely +be put to death.</q> +</quote> + +<quote rend="display"> +<q>... The land cannot be cleansed of blood that is shed therein +but by the blood of him that shed it.</q> +</quote> + +<p> +Let us complete this subject with the following +story told by Herodotus:<note place="foot">Herod. i. 44.</note>—Adrastus, +having slain his brother, flees to the court of Croesus. There he +becomes as a son to Croesus and a brother to Atys, +Croesus' son. This Atys Adrastus has the terrible +misfortune to slay, thereby incurring a three-fold +pollution. He has brought down upon himself the +triple wrath of Zeus Katharsios, Ephestios, and +Hetaireios: he has violated his own innocence, his +protector's hearth, and the comradeship of his friend. +</p> + +<p> +In despair he commits suicide. +</p> + +</div> + +</div> + +<pb n="046"/><anchor id="Pg046"/> + +<div rend="page-break-before: always"> +<index index="toc"/> +<index index="pdf"/> +<head>Chapter III. The Extent Of The Bond Of Kinship.</head> + +<quote rend="display"> +Arctior vero colligatio est societatis propinquorum: ab illa +enim immensa societate humani generis in exiguam +angustumque concluditur. +</quote> + +<quote rend="display"> +<hi rend='italic'>Cicero</hi>. +</quote> + +<div> +<index index="toc"/> +<head>§ 1. Degrees Of Blood-Relationship; The Ἀγχιστεία.</head> + +<p> +<note place="margin">All kinsmen were not equally responsible.</note> +Such being the character of the burden of mutual +responsibility borne by members of kindred blood, it +remains, if possible, to obtain some idea of how this +responsibility became narrowed and limited to the +nearest relations, and what was the meaning underlying +the distinction drawn between certain degrees +of relationship. +</p> + +<p> +When examining the more detailed structure of +the organisation of the kindred, considerable light +seems to be thrown upon survivals in Athens by +comparison with the customs of other communities, +which were undergoing earlier stages of the same +process of crystallisation from the condition of semi-nomadic +tribes into that of settled provinces or +kingdoms. +</p> + +<pb n="047"/><anchor id="Pg047"/> + +<p> +<note place="margin">The unity of the οἶκος.</note> +In the Gortyn Laws we read:— +</p> + +<quote rend="display"> +iv. 24. <q>The father shall have power over the children and the +property to divide it amongst them.... As long as they (the +parents) are alive, <emph>there is no necessity for division</emph>.... If a man or +woman die their children, or grandchildren, or great-grandchildren, +shall have the property....</q> +</quote> + +<p> +The headship of the οἶκος and the ownership of the +property vested in the parent as long as he lived and +wished to maintain his power. Even after his death, +unless they wished it, the sons need not divide up +amongst themselves, but could live on with joint +ownership in the one οἶκος of their deceased father. +The eldest son would probably take the house itself, +<hi rend='italic'>i.e.</hi> the hearth, with the duties to the family altars +which devolved upon him as head of the family.<note place="foot">v. +<hi rend='italic'>infra</hi> p. <ref target="Pg090">90</ref> <hi rend='italic'>et +seq.</hi></note> +</p> + +<p> +An example of this joint ownership occurs in the +speech of Demosthenes against Leochares.<note place="foot"><hi rend='italic'>c. +Leoch.</hi> 1083.</note> The two +sons of Euthumachos after his death gave their sister +in marriage (no doubt with her proper portion), and +lived separately but <emph>without dividing</emph> their inheritance +(τὴν οὐσίαν ἀνέμητον). Even after the marriage of one +brother, they still left the property undivided, each +living on his share of the income, one in Athens, the +other in Salamis. +</p> + +<p> +The possibility of thus living in one οἶκος and on +an undivided patrimony is implied in another passage +in Demosthenes, where, however, the exact opposite +is described as actually having taken place.<note place="foot">Dem. <hi rend='italic'>c. +Macart.</hi> 1055-6.</note> +</p> + +<p> +Bouselos had five sons. He divided (διένειμεν τὴν +οὐσίαν) his substance amongst them all as was fair and +right, and they married wives and begat children and +<pb n="048"/><anchor id="Pg048"/> +children's children. Thus <emph>five</emph> οἶκοι sprang up out of +the one of Bouselos, and <emph>each brother dwelt apart</emph>, +having his own οἶκος and bringing up his own offspring +(ἔκγονοι) himself (χωρὶς ἕκαστος ᾤκει). +</p> + +<p> +Whilst the parents were alive the family naturally +held very closely together, and often probably lived +in one patriarchal household like Priam's at Troy. +</p> + +<p> +Isaeus declares:—The law commands that we +maintain (τρέφειν) our parents (γονεῖς): these are—parents, +grandparents and <emph>their parents</emph>, if they are +still alive: +</p> + +<quote rend="display"> +<q>For they are the beginning (ἀρχή) of the family (γένος) and +their estate descends to their offspring (ἔκγονοι): wherefore it is +necessary to maintain them even if they leave nothing.</q><note place="foot">Isaeus, +viii. 32.</note> +</quote> + +<p> +The duty of maintenance (τρέφειν) owed to the +ancestor would follow the same relationship as the +right of inheritance from him, and this common debt +towards their living forebears could not help further +consolidating the group of descendants already bound +together by common rites at the tombs of the dead. +</p> + +<p> +But granted this community of rights and debts, +is it possible to formulate for the Greeks anything of +the same limitations in the incidence of responsibility +amongst blood-relations that is to be found elsewhere? +</p> + +<p> +<note place="margin">Grades of kinship in Western Europe.</note> +In western Europe, owing perhaps to the influence +of Christianity, the rites of ancestor-worship +have no prominence. Ecclesiastical influence however +was unable to prevent an exceedingly complex +subdivision of the kindred existing in Wales and +elsewhere. Whether this subdivision finds its <hi rend='italic'>raison +d'être</hi> in the worship of ancestors or not, the groups +<pb n="049"/><anchor id="Pg049"/> +thus formed serve as units for sustaining the responsibilities +incident to tribal life, and being, as will be +seen, governed by similar considerations to those +existing among the Greeks, they afford very suitable +material for comparison, and throw considerable light +upon one another. +</p> + +<p> +<note place="margin">The position of the great-grandson,</note> +As the various departments affected by blood-relationship +or purity of descent come under notice, +it will be seen that the position of <emph>great-grandson</emph> +as at once limiting the immediate family of his +parents and heading a new family of descendants is +marked with peculiar emphasis. +</p> + +<p> +<note place="margin">in Wales,</note> +In the ancient laws of Wales it rests with great-grandsons +to make the final division of their inheritance +and start new households. +</p> + +<p> +Second cousins may demand redivision of the +heritage descending (and perhaps already divided +up in each generation between) from their great-grandfather. +After second cousins no redivision or +co-equation can be claimed.<note place="foot"><hi rend='italic'>Venedotian Code</hi>, +ii. xii.</note> +</p> + +<p> +In the meanwhile the oldest living parents maintained +their influence in family matters. In the story +of Kilhwch and Olwen, in the <hi rend='italic'>Mabinogion</hi>, the father +of Olwen, before betrothing her to Kilhwch, declares +that <q>her four great-grandmothers and her four great-grandsires +are yet alive; it is needful that I take +counsel of them.</q><note place="foot">Lady Charlotte Guest's +<hi rend='italic'>Mabinogion</hi>, p. 234.</note> +</p> + +<p> +<note place="margin">and in feudal Normandy.</note> +Even when feudalism refused to acknowledge +other than an individual responsibility for a fief, it +was unable to overcome the tribal theory of the +<pb n="050"/><anchor id="Pg050"/> +indivisibility of the family, which maintained its unity +in some places even under a feudal exterior. But as +generations proceeded, and the relationships within +the family diverged beyond the degree of second +cousin, a natural breaking up seems to have taken +place, though in the direction of subinfeudation under +the feudal enforcement of the rule of primogeniture, +instead of the practice, more in accordance with +tribal instincts, of equal division and enfranchisement. +It may however be surmised that the subdivision +and subinfeudation of a holding in the occupation +of such a group of kinsmen would be carried +out by the formation of further similar groups. +</p> + +<p> +<note place="margin">The custom of <hi rend='italic'>parage</hi>.</note> +In the <hi rend='italic'>Coustumes du Pais de Normandie</hi> mention +is made of such a method of land-holding, called +<hi rend='italic'>parage</hi>. It consists of an undivided tenure of +brothers and relations <emph>within the degree of second +cousins</emph>. +</p> + +<p> +The eldest does homage to the capital lord for all +the <hi rend='italic'>paragers</hi>. The younger and their descendants +hold of the eldest without homage, until the relationship +comes to the <emph>sixth degree inclusive</emph> (<hi rend='italic'>i.e.</hi> second +cousins). When the lineage is beyond the sixth +degree, the heirs of the cadets have to do homage to +the heirs of the eldest or to whomsoever has acquired +the fief. Then <hi rend='italic'>parage</hi> +ceases.<note place="foot">cxxviii-cxxxi.</note> +</p> + +<p> +The tenure then becomes one of subinfeudation. +As long as the <hi rend='italic'>parage</hi> continued, the share of a +deceased <hi rend='italic'>parager</hi> would be dealt with by redivision +of rights, and no question would arise of +finding heirs. But when it became a question of +<pb n="051"/><anchor id="Pg051"/> +finding an heir to the group, failing heirs in the +seventh degree inclusive, that is, son of second +cousins—looked upon as son to the group—failing +such an heir, the estate escheated to the lord. +</p> + +<p> +<note place="margin">Co-heritage in Wales.</note> +There is an interesting passage in the Ancient Laws +of Wales ordaining that the next-of-kin shall not inherit +as heir to his deceased kinsman, but as heir to the +ancestor, who, apart from himself, would be without +direct heir, <hi rend='italic'>i.e.</hi> presumably their common ancestor. +</p> + +<quote rend="display"> +<q>No person is to obtain the land of a <emph>co-heir</emph>, as of a brother, or +of a cousin, or of a second cousin, by claiming it as heir to that +one co-heir who shall have died without leaving an heir of his +body: but by claiming it as heir <emph>to one of his own parents</emph>, who had +been owner of that land until his death without heir, whether +a father, or grandfather, or great-grandfather: that land he is +to have, if he be the nearest of kin to the +deceased.</q><note place="foot"><hi rend='italic'>Dimetian Code</hi>, ii. xxiii.</note> +</quote> + +<p> +This of course refers to inheritance within the +group of co-heirs, the members of which held their +position by virtue of their common relationship within +certain degrees to the founder. And we may infer +that emphasis was thus laid on the proof of relationship +by <emph>direct descent</emph>, in order to prevent shares in +the inheritance passing from hand to hand unnoticed, +beyond the strict limit where subdivision could be +claimed <hi rend='italic'>per capita</hi> by the individual representatives +of the diverging <hi rend='italic'>stirpes</hi>. +</p> + +<p> +<note place="margin">Degrees of relationship in India.</note> +The kindred in the <hi rend='italic'>Ordinances of Manu</hi> is +divided into two groups:— +</p> + +<p> +1. Sapindas, who owe the <emph>funeral cake</emph> at the +tomb. +</p> + +<pb n="052"/><anchor id="Pg052"/> + +<p> +2. Samānodakas, who pour the <emph>water libation</emph> at +the tomb. +</p> + +<quote rend="display"> +<q>To <emph>three ancestors</emph> the water libation must be made; for <emph>three +ancestors</emph> the funeral cake is prepared; the fourth (descendant or +generation) is the giver (of the water and the cake); the <emph>fifth has +properly nothing to do</emph> (with either +gift).</q><note place="foot"><hi rend='italic'>Manu</hi>, ix. 186.</note> +</quote> + +<p> +This may be put in tabular form:— +</p> + +<p> +Receivers of water.<lb/> +<lb/> +1. Great-grandfather's great-grandfather.<lb/> +2. Great-grandfather's grandfather.<lb/> +3. Great-grandfather's father. +</p> + +<p> +Receivers of cake.<lb/> +<lb/> +1. Great-grandfather.<lb/> +2. Grandfather.<lb/> +3. Father.<lb/> +4. Giver of cake and water<lb/> +5. Excluded +</p> + +<p> +Or inversely:— +</p> + +<p> +Givers of cake or <hi rend='italic'>Sapindas</hi>.<lb/> +<lb/> +Householder<lb/> +Brothers<lb/> +1st cousins<lb/> +2nd cousins +</p> + +<p> +Pourers of water or <hi rend='italic'>Samānodakas</hi>.<lb/> +<lb/> +3rd cousins<lb/> +4th cousins<lb/> +5th cousins +</p> + +<p> +Within the <hi rend='italic'>Sapinda</hi>-ship of his mother, a <q>twice-born</q> +man may not marry.<note place="foot"><hi rend='italic'>Manu</hi>, iii. 5.</note> +Outside the <hi rend='italic'>Sapinda</hi>-ship, +a wife or widow, <q>commissioned</q> to bear children +to the name of her husband, must not go. +</p> + +<quote rend="display"> +<q>Now <hi rend='italic'>Sapinda</hi>-ship ceases with the seventh person, but the +relationship of a Samānodaka (ends) with the ignorance of birth +and name.</q><note place="foot"><hi rend='italic'>Manu</hi> v. 60.</note> +</quote> + +<pb n="053"/><anchor id="Pg053"/> + +<p> +All are Sapindas who offer the cake to the same +ancestors. +</p> + +<p> +<note place="margin">Four generations share in the cake-offering.</note> +The head of the family would himself offer or +share with all his descendants in the offering of the +one cake to his great-grandfather, his grandfather, and +his father. And if this passage is taken in conjunction +with the one quoted just above, the number +sharing in the cake-offering, limited as in the text at +the seventh person from the first ancestor who +receives the cake, is just sufficient to include the great-grandson +of the head of the family, supposed to be +making the offering. +</p> + +<p> +The group, thus sharing the same cake-offering, +would in the natural course be moving continually +downwards, generation by generation as the head of +the family died, thereby causing the great-grandfather +to pass from the receivers of the cake-offering +to the receivers of the water libation, and admitting +the great-grandson's son into the number of Sapindas +who shared the cake-offering. And at no time would +more than four generations have a share in the same +cake offered to the three nearest ancestors of the head +of the family. +</p> + +<p> +<note place="margin">Similar grouping of the pourers of the water libation.</note> +The Samānodakas, or pourers of the water libation +appear to have been similarly grouped. +</p> + +<p> +<q>Ignorance of birth and name</q> was in Wales +considered to be equivalent to <emph>beyond fifth cousins</emph>. +According to the Gwentian Code, <q>there is no proper +name in kin further than that</q>—<hi rend='italic'>i.e.</hi> fifth +cousins.<note place="foot"><hi rend='italic'>Gwentian Code</hi>, ii. viii.</note> +And this tallies exactly with the previous +quotation from Manu limiting the water libation to +<pb n="054"/><anchor id="Pg054"/> +three generations of ancestors beyond those to whom +the cake is due, which, as has been seen, includes +fifth cousins. +</p> + +<p> +And it must be borne in mind that fifth cousins +are great-grandsons of the great-grandsons of their +common ancestor, or two generations of groups of +second cousins. +</p> + +<p> +<note place="margin">The οἶκος includes four generations.</note> +It was extremely improbable that a man would +see further than his great-grandchildren born to him +before his death. And it might also occasionally +occur in times of war or invasion that a man's sons +and grandsons might go out to serve as soldiers, +leaving the old man and his young great-grandchildren +at home. +</p> + +<p> +If the fighting members of the family were +killed, the great-grandsons (who would be second +cousins or nearer to each other) would have to +inherit directly from their great-grandfather: and +thus, especially in cases where the property was held +undivided after the father's death, we can easily see +that second cousins (<hi rend='italic'>i.e.</hi> all who traced back to the +common great-grandfather) might be looked upon as +forming a natural limit to the immediate descendants +in any one οἶκος, and as the furthest removed who +could claim shares of the ancestral inheritance. +</p> + +<p> +After the death of the great-grandfather or head +of the house, his descendants would probably wish +to divide up the estate and start new houses of their +own. The eldest son was generally named after his +father's father,<note place="foot">Dem. <hi rend='italic'>c. Makart.</hi> 1076.</note> +and would carry on the name of the +<pb n="055"/><anchor id="Pg055"/> +eldest branch of his great-grandfather's house, and +would be responsible for the proper maintenance of +the rites on that ancestor's tomb. He would also +be guardian of any brotherless woman or minor +amongst his cousins, each of whom would be equally +responsible to him and to each other for all the duties +and privileges entailed upon blood-relationship. +</p> + +<p> +Thus seems naturally to spring up an inner +group of blood-relations closely drawn together by +ties which only indirectly reached other and outside +members of the γένος. +</p> + +<p> +<note place="margin">The ἀγχιστεία at Athens.</note> +In the fourth century <hi rend="smallcaps">B.C.</hi> this compact group +limited to second cousins still survived at Athens, +responsible to each other for succession, by inheritance +or by marriage of a daughter; for vengeance +and purification after injury received by any member, +and for all duties shared by kindred blood. +</p> + +<p> +This close relation was called ἀγχιστεία, and all +its members were called ἀγχιστεῖς <hi rend='italic'>i.e.</hi> any one upon +whom the claim upon the next-of-kin might at any +time fall. +</p> + +<p> +The speech of Demosthenes against Makartatos +affords considerable information as to the constitution +of the family-group or οἶκος. The five sons of +Bouselos,<note place="foot">Cf. <hi rend='italic'>infra</hi>, tree on p. +<ref target="Pg062">62</ref>.</note> we are told, on his death divided his substance +amongst them, and each started a new οἶκος +and begat children and children's children.<note place="foot">Dem. <hi rend='italic'>c. +Makart.</hi> 1055-6.</note> The +action, which was the occasion of the speech, lay +between the great-grandsons of two of these five +founders of οἶκοι, Stratios and Hagnias, and had +reference to the disposal of the estate of the grandson +<pb n="056"/><anchor id="Pg056"/> +of the latter, which had come into the hands of +the great-grandson of Stratios. +</p> + +<p> +One might have supposed that the descendants +of Bouselos, with their common burial ground<note place="foot">Dem. +<hi rend='italic'>c. Makart.</hi> 1077.</note> and +so forth, would have ranked as all in the same οἶκος +under their title of Bouselidai. But it is clear from +this speech of Demosthenes, that too many generations +had already passed to admit of Bouselos being +considered as still head of an unbroken οἶκος, and +that his <emph>great</emph>-great-grandsons were subdivided into +separate οἶκοι under the names of their respective +great-grandfathers, Stratios, Hagnias, &c. (οἵ εἰσιν +ἐκ τοῦ Στρατίου οἴκου, ἐκ δὲ τοῦ Ἁγνίου οὐδεπώποτ᾽ +ἐγένοντο).<note place="foot"><hi rend='italic'>Id.</hi> 1078 +<hi rend='italic'>et seq.</hi></note> +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 2. Limitations In Respect Of Succession +Outside The Direct Line Of Descent.</head> + +<p> +<note place="margin">The right of succession limited to the great-grandchild of the +common ancestor.</note> +The Gortyn law quoted above in the previous +section goes on:— +</p> + +<quote rend="display"> +v. <q>If (a man or woman die and) they have no children, the +deceased's brothers and brother's children or <emph>grandchildren</emph> shall +have the property. If there are none of these, the deceased's sisters, +their children or <emph>grandchildren</emph>. If there are none of these, to +whom it descends of whatever grade they be, they shall inherit the +property.</q> +</quote> + +<p> +This clause takes the evidence one step further, +and it is noticeable how the right of inheritance is +determined by the great-grandchild of the common +ancestor. In the direct line, a man's descendants +<pb n="057"/><anchor id="Pg057"/> +down to his great-grandchildren inherited his estate. +In dealing with inheritance through a brother of the +deceased the heirship terminates with the <emph>grandchild</emph> +of the brother, who would be great-grandchild of the +nearest common ancestor with the previous owner of +the estate. If there is no brother, the child of the +cousin limits the next branch, as will be seen. +</p> + +<p> +<note place="margin">The law according to Isaeus.</note> +Isaeus<note place="foot">Isaeus, +vii. 22, and xi. i.</note> describes the working of the then-existing +(c. 350 <hi rend="smallcaps">B.C.</hi>) law of inheritance at Athens as follows:— +</p> + +<p> +The law gives <q>brothers' property</q> (i.e. property +without lineal succession) to +</p> + +<quote rend="display"> +1. <emph>Brothers</emph> by the same father, or brother's +children, for these are related to the deceased +in the nearest degree; +</quote> + +<quote rend="display"> +2. <emph>Sisters</emph> by the same father, or sister's children; +</quote> + +<quote rend="display"> +3. <emph>First cousins</emph> by the father's side as far as +<emph>cousin's children</emph> (δίδωσι τὴν ἀγχιστείαν +ἀνεψιοῖς πρὸς πατρὸς μέχρι <emph>ἀνεψιῶν παίδων</emph>). +</quote> + +<quote rend="display"> +Failing these, recourse is had back again into +the family (εἰς τὸ γένος πάλιν ἐπανέρχεται) and +the law makes those related through the <emph>mother</emph> +of the deceased, masters (κύριοι) of the family +(and inheritance) in the same order as on the +father's side from the beginning. +</quote> + +<p> +That is to say, failing first cousins once removed, the +inheritance goes back and begins again at the mother +of the deceased, who however, being a woman, can only +inherit on behalf of her issue, present or prospective.<note place="foot">Isaeus, +xi. 30.</note> If she has married again and has a son (half-brother +to her deceased son) he would inherit. Failing her +issue, her brother and so on to first cousin's children +<pb n="058"/><anchor id="Pg058"/> +of the deceased, through his mother, would have the +inheritance. +</p> + +<p> +Failing these, the nearest kinsman to be found +on the father's side, of whatsoever degree, is to +inherit. +</p> + +<p> +<note place="margin">The law according to Demosthenes.</note> +The law as stated by Demosthenes<note place="foot"><hi rend='italic'>c. Makart.</hi> +1067.</note> coincides with this:— +</p> + +<quote rend="display"> +<q>If there are no sons, brothers by the same father (shall +inherit): and their true born children, if there are any, shall have +the share of their father: if there are no brothers or brother's +children the issue of the latter in the same way shall partake: +males and children of males shall have preference (over females) if +they are born of the same (parents), even if they are further off by +birth (γένει) [<hi rend='italic'>i.e.</hi> are a generation lower down]. If there are none +on the father's side as far as <emph>cousin's children</emph> (μέχρι ἀνεψιῶν παίδων), +the relations on the mother's side in the same way shall have +possession (κυρίους εἶναι). But if there are none on either side +<emph>within these degrees</emph>, the nearest of kin on the father's side shall +have possession.</q> +</quote> + +<p> +Whenever this law is quoted the limit of relationship +laid down therein for the immediate ἀγχιστεία is +always that of ἀνεψιῶν παῖδες, or sons of first cousins, +who inherit from their first cousins once removed +(<hi rend='italic'>oncle à la Brétagne</hi>, or Welsh uncle as this relation +has been called). Occasionally the patronymic form +ἀνεψιαδοῖ is used, apparently with the same signification, +though properly ἀνεψιαδοῖ would mean sons of +two first cousins, <hi rend='italic'>i.e.</hi> second cousins.<note place="foot">In Dem. +<hi rend='italic'>c. Leochar.</hi> 1088. ἀνεψιαδοῦς is used to denote the +relationship of a man to the adopted son of his great-uncle, or, as +we should say, first cousin once removed.</note> +</p> + +<p> +<note place="margin">No ἀγχιστεία beyond great-grandsons.</note> +It appears from the evidence reviewed hitherto, +that any great-grandson could inherit from any +grandson of a common ancestor, and the conclusion +<pb n="059"/><anchor id="Pg059"/> +also seems to be justified, that the group of great-grandsons +were considered to divide up their right to +inherit once for all, and that having done so, with +respect to that inheritance they were considered to +have begun a new succession. To put it differently, +in case of the death of one of these second cousins, +after the final division of their inheritance had taken +place, the rest of the second cousins would have no +right to a share in his portion; an heir would +have to be found within his nearer relations. Thus, +they share responsibilities towards any of their +relations within the group and higher up in their +families, and also stand shoulder to shoulder in sharing +such burdens as pollution and so on, but are outside +the immediate ἀγχιστεία with respect to each +other's succession. The reason for this will perhaps +be more apparent as the argument proceeds. +</p> + +<p> +That the grandson of a first cousin was outside +the ἀγχιστεία is clear from the speech of Demosthenes +already mentioned,<note place="foot"><hi rend='italic'>c. Makart.</hi> 1053.</note> +where the plaintiff, who originally +stands in that relationship to the deceased whose +inheritance is in dispute, is adopted as son of +his grandfather (first cousin of the deceased), +in order to come within the legal definition of +ἀνεψιοῦ παῖς. +</p> + +<p> +That the son of a second cousin was also without +the pale is directly stated in several passages in +Isaeus. +</p> + +<p> +<note place="margin">The heir always ranked as <emph>son</emph>.</note> +It must be remembered that by <q>inheritance</q> is +meant the assumption of all the duties incumbent on +the ἀγχιστεύς, and that the man who <q>inherited</q> took +<pb n="060"/><anchor id="Pg060"/> +his place for the future as son of the deceased in the +family pedigree, and reckoned his relationship to the +rest of the γένος thenceforth from his new position, in +the house into which he had come.<note place="foot">Dem. <hi rend='italic'>c. +Makart.</hi> and <hi rend='italic'>c. Leoch.</hi> 1100, &c.</note> +</p> + +<p> +<note place="margin">Hence the limit of the inheritance at cousin's children.</note> +Now if it is true that to the great-grandson was +the lowest in degree to which property could directly +descend without entering a new οἶκος, and if that +great-grandson was also looked upon as beginning with +his acquired property a new portion of the continuous +line of descent; any one, who <q>inherited</q> from him +and ranked in the scale of relationship as <hi rend="smallcaps">HIS SON</hi>, +would necessarily fall outside the former group and +would be considered as forming the nearest relative +in the next succeeding group. This, it seems, is the +meaning of the language of the law which limits the +ἀγχιστεία to the children of first cousins who could +inherit from their parent's first cousins, and still +<emph>retain their relationship as great-grandsons</emph> of the +same ancestor. Whereas any one taking the place of +son to his second cousin would be one degree lower +down in descent, and pass outside the limit of the +four generations. The law makes the kinsmen therefore +exhaust all possible relationships <emph>within the +group</emph> by reverting to the mother's kindred with the +same limitation before allowing the inheritance to +pass outside or lower down. +</p> + +<p> +<note place="margin">Disinheritance must be sanctioned by kinsmen.</note> +In confirmation of this view the following passage +may be quoted from <hi rend='italic'>Plato's Laws</hi>:— +</p> + +<quote rend="display"> +<q>He who in the sad disorder of his soul has a mind, justly or +unjustly, to expel from his family a son whom he has begotten and +brought up, shall not lightly or at once execute his purpose; but +<pb n="061"/><anchor id="Pg061"/> +first of all he shall collect together his own kinsmen, extending to +(<emph>first</emph>) <emph>cousins</emph> (μέχρι ἀνεψιῶν), and in +like manner his son's kinsmen by the mother's side,<note place="foot">The wife's +kin are no kin to her husband, but <emph>are</emph> to her son.</note> +and in their presence he shall accuse his son, +setting forth that he deserves at the hands of them all to be dismissed +from the family (γένος).</q><note place="foot">Plato, <hi rend='italic'>Laws</hi>, +929 c. Trans. Jowett.</note> +</quote> + +<p> +Before dishonouring one of the family and so +bereaving it of a member owing duties which, by his +disinheritance, may fall into abeyance or be neglected, +the parent calls together all to whom his son might +perhaps ultimately become the only living representative +and heir, and who might at some future time +be dependent on him for the performance of ancestral +rites. That this was in Plato's mind when he wrote +is shown by the next sentence, in which he provides +for the possibility of some relation already having +need of the young man and being desirous to adopt +him as his son, in which case he shall by no means +be prevented. The concurrence of all relations in +such a position was therefore necessary. +</p> + +<p> +In other cases where Plato mentions similar +gatherings of the kin but for different purposes, he +extends the summons to <emph>cousin's children</emph>. But here +it can be seen they would have no place. They would +be second cousins to the disgraced youth; they might +have to share privilege or pollution with him, but +had no claim on him for duties towards themselves. +He would be <q>cousin's son</q> to his father's first +cousins—the limit of such a claim in the ἀγχιστεία. +</p> + +<p> +<note place="margin">The case of the estate of Hagnias in Isaeus and +Demosthenes.</note> +In the speech of Isaeus concerning the estate +of Hagnias, a real second cousin is in possession of +the estate. He won the case at the time and died in +<pb n="062"/><anchor id="Pg062"/> +possession, and an action against his son Makartatos +for the same property is the occasion of one of the +speeches of Demosthenes. To fully understand the +relationships referred to in these cases, the accompanying +genealogical tree of the descendants of +Bouselos may be of assistance. It will also serve as +an example of how a kindred hung together, and how +by intermarriage and adoption the name of the head +of an οἶκος was carried on down a long line of male +descendants. +</p> + +<p> + <figure url="images/bouselos.png" rend="width: 90%"> + <figDesc>Illustration: Family tree of Bouselos.</figDesc> + </figure> +</p> + +<p> +Theopompos, in the speech of Isaeus, had taken +possession of the estate of his second cousin Hagnias, +as his next of kin and heir. Throughout the speech +he is styled ἀνεψιοῦ παῖς so as to bring him +within the phraseology of the law, and he successfully +defends himself from the claims of the next +generation below—viz., his brother's son. But in the +speech of Demosthenes against his son Makartatos, +who had taken possession at his father's death of the +disputed property, it is represented that his father +had got possession only by defeating another +claimant, Phylomache II., by <q>surprise,</q> as it was +called, by stating that her grandmother through +whom she traced her claim was only half-sister to +Hagnias' father. But Phylomache's husband, having +caused their son Euboulides III. to be adopted as the +son of Euboulides II.—his wife's father and Hagnias' +first cousin, a quite regular course for the grandson +inheriting through his heiress mother—proved that +his wife's grandmother was whole sister to Hagnias +father, and brought the action under the guidance of +Demosthenes against Makartatos. This Euboulides +III. sued as true ἀνεψιοῦ παῖς and οἰκεῖος ἐκ τοῦ οἴκου +<pb n="064"/><anchor id="Pg064"/> +of Hagnias.<note place="foot">Dem. <hi rend='italic'>c. Makart.</hi> 1058.</note> +He is described as having <q>one of the +titles mentioned in the law <emph>as far as which</emph> the law +bids the ἀγχιστεία go, for he is <emph>cousin's son</emph> to +Hagnias.</q> +</p> + +<p> +On the other hand, Theopompos, father of Makartatos +and second cousin of Hagnias, is +mentioned<note place="foot"><hi rend='italic'>Id.</hi> 1070.</note> +as <q>being of a different οἶκος altogether,</q> and +not at all related in such a way as to be heir of +Hagnias (μηδὲν προσηκόντων ὤστε κληρονομεῖν τῶν +Ἁγνίου, ἀλλὰ γένει <emph>ἀπωτέρω</emph> ὄντων), being too far off +in the family (or by birth). +</p> + +<p> +That the title of Theopompos (viz., second cousinship) +was not valid, may be inferred partly by the +ruses he adopted to get possession, but more especially +by the fact<note place="foot">Mentioned in Dem. <hi rend='italic'>c. Makart.</hi> +1056.</note> that none of the other second cousins on +a par with him, and with whom he ought to have +shared, seem to have believed in the validity of +their titles, or at any rate taken the trouble to sue for +part of the estate. +</p> + +<p> +However this may be, there does not seem anything +in these speeches other than confirmatory of +the view stated above of the composition and +limitation of the ἀγχιστεία. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 3. Division Amongst Heirs.</head> + +<p> +<note place="margin">Equal division amongst heirs of the same grade.</note> +Succession to the inheritance of an estate was +ordained by law in strict accordance with the ancient +conception of the unity of the family. On the death +of the head of a family, unless the paternal οἶκος was +<pb n="065"/><anchor id="Pg065"/> +voluntarily continued unbroken by his descendants, +the natural course was for each son ultimately to live +apart and found a separate οἶκος consisting of himself +and his offspring. Equal division amongst heirs was +therefore the rule in Greece; equal division, that is to +say, between all of equal grade. +</p> + +<p> +<note place="margin">The share of a dead son taken by his children.</note> +The Gortyn Laws have already been referred to +as enforcing the principle.<note place="foot"><hi rend='italic'>Supra</hi>, p. +<ref target="Pg056">56</ref>.</note> If a man died, his heirs +were either his sons, or his grandsons, or his greatgrandsons. +If he had no children, his brothers, and +their children, or their grandchildren succeeded. +</p> + +<p> +The Athenian law was conceived in the same +spirit, but mentions a further point—viz., that in the +division amongst sons, the οἶκος of any one of their +number who had died before the division, could be +represented by his sons or grandsons, who thus +received their father's share. +</p> + +<p> +This system of representation probably existed +also among the Gortynians, though no mention of it +is made in their laws, for it is inconceivable that any +of the grandsons could be deprived of all share in +their grandfather's estate by the mere death of the +intermediate generation. +</p> + +<p> +But the division <hi rend='italic'>per stirpes</hi> was not maintained +throughout. It is probable from the words of the +Attic orators that equal division amongst all of the +same grade, such as nephews or cousins, took place +<hi rend='italic'>per capita</hi>, any deceased member of that grade being +represented by his sons. Representation, of course, +could not take place in the case of a division amongst +cousins' sons, owing to the strict limitation of the +<pb n="066"/><anchor id="Pg066"/> +ἀγχιστεία to four generations from the common ancestor; +any deceased relation in that degree therefore +simply dropped out of the succession. +</p> + +<p> +<note place="margin">If sons all dead, grandsons probably divided +<hi rend='italic'>per capita</hi>,</note> +It has generally been assumed that grandsons +inheriting directly from their grandfather, all the +intermediate generation being already dead, inherited +none the less the shares of their respective fathers +<hi rend='italic'>per stirpes</hi>. But if the foregoing account of the +unity of the οἶκος and its resemblance in its composition +to the household of the Welsh tribal system be +correct, it seems more reasonable to suppose that, all +the intermediate generation being dead, the grandsons, +in virtue of being all equally related to their +grandfather, would inherit in equal shares <hi rend='italic'>per capita</hi>. +Any dead grandson would of course be represented, +as before, by his son or sons. +</p> + +<p> +<note place="margin">as in the case of nephews and cousins.</note> +The evidence is not sufficient to justify more than +a suggestion on either side with regard to divisions +amongst lineal descendants. With regard to successions +by relations outside of the direct line of +descent, such as nephews or cousins, it is almost +certain that all of the same degree took equal shares +<hi rend='italic'>per capita</hi>. +</p> + +<p> +Following the law for daughters, quoted by +Demosthenes<note place="foot"><hi rend='italic'>c. Makart.</hi> 1068, +<hi rend='italic'>supra</hi>, p. 26.</note>—viz., that though all shared the +inheritance of the property, only one need be dealt with +in view of securing the succession—the assumption can +be made that, when there were several heirs related +in the same degree to the former owner of the estate, +one of their number would be set apart to continue +the household of their kinsman as his son, whilst the +<pb n="067"/><anchor id="Pg067"/> +others merely took their shares of the property +divided to continue their own οἶκοι respectively. +</p> + +<p> +The equal division of inheritance amongst kinsmen +of equal degree <hi rend='italic'>per capita</hi>, in combination with the +system of representation above described, is entirely +consistent with the tribal conception of the household +as hanging closely together, its members always +looking up to their venerable head, in whom the +ownership of the property vested, until by the death +of older generations and the consequent subdivision, +each in his turn became head of an οἶκος and owner of +its share in the ancestral property. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 4. Qualifications For The Recognition Of Tribal Blood.</head> + +<p> +<note place="margin">Purity of tribal blood jealously guarded.</note> +It has been remarked above with what jealousy +the purity of the blood of the community was +guarded. No child was admitted into the kindred of +its father until all concerned were fully convinced of +the blamelessness of its pedigree. In such circumstances +it was no easy matter to acquire the privileges +attached to the possession of tribal or citizen +blood. It seems to have been considered that however +great otherwise the claims of a stranger might +be, time alone could really render the qualifications +of his family complete. +</p> + +<p> +<note place="margin">In Wales, privileges attained in the fourth +generation by intermarriages.</note> +Under the ancient Laws of Wales no stranger's +family could acquire the full privileges of a Welsh +tribesman or Cymro, as regards location on land, +until after many generations. But if they married +Welshwomen, and held land from generation to generation, +<pb n="068"/><anchor id="Pg068"/> +the <emph>greatgrandsons</emph> became fully privileged +tribesmen.<note place="foot"><hi rend='italic'>Welsh Laws</hi>, iv. i. and x. +vii. Exception is made for the <emph>son of a stranger chieftain</emph>.</note> +Similarly if a stranger voluntarily +assumed the position of serf to a Welshman, and his +descendants did not choose to depart, but remained in +that position to the descendants of the Welshman, +the <emph>greatgrandsons</emph> of the Welshman became proprietors +of the greatgrandsons of the stranger.<note place="foot"><hi rend='italic'>Welsh +Laws</hi>, v. ii. and <hi rend='italic'>Vened. Code</hi>, ii. xvi. and elsewhere.</note> +</p> + +<p> +<note place="margin">Otherwise not until the tenth generation.</note> +But for the stranger who merely resided in Wales +and did not marry into any Welsh tribe the period +of probation was <emph>three times as long</emph>—viz., the greatgrandson +of the greatgrandson of his greatgrandson +was the first to attain to full tribal privilege— +</p> + +<quote rend="display"> +<q>Strangers and their progeny are adjudged to be aillts; also a +reputed son who shall be denied and his progeny, and evildoers +of federate country and their progeny, <emph>unto the end of the ninth +descent</emph>.</q><note place="foot"><hi rend='italic'>Welsh Laws</hi>, v. ii.</note> +</quote> + +<p> +<hi rend='italic'>i.e.</hi>, the tenth man would no longer be reckoned an +<hi rend='italic'>aillt</hi> but a free Cymro. +</p> + +<p> +The issue of a stranger obtains the privilege of +a tribesman <emph>in the fourth person</emph> by legitimate +marriages.<note place="foot"><hi rend='italic'>Welsh Laws</hi>, xiii. ii.</note> +But the aillt or stranger, who dwells +in Cymru, does not attain until the <emph>end of the ninth +descent</emph>. +</p> + +<p> +So too inversely:— +</p> + +<p> +The title to inherit by kin and descent in the +tribal land and rights of his ancestors does not become +extinct <emph>till the ninth man</emph>. The ninth man in descent +from a banished tribesman coming home and finding +his title as representative of his family seemingly +<pb n="069"/><anchor id="Pg069"/> +extinguished, is to raise an outcry that from a +proprietor he is becoming a nonproprietor, and the +law will shelter him and adjudge him an equal +share with the occupants he finds on the land. +This is called the <q>outcry across the abyss.</q> The +tenth man's outcry cannot be heard. <q>Others say</q> +that the ninth man is too late to raise the +cry.<note place="foot"><hi rend='italic'>Venedotian Code</hi>, ii. xiv. and +<hi rend='italic'>Gwentian Code</hi>, ii. xxx. <hi rend='italic'>Cf.</hi> the +Shunammite's <hi rend='italic'>cry unto the King</hi> +for restoration of her house and fields after an absence of seven +years. 2 Kings viii. 3.</note> +</p> + +<p> +This is exactly parallel to the case of the stranger +resident in Cymru. For <emph>nine</emph> generations he is a +stranger, and in <emph>the tenth</emph> a Cymro. Here for <emph>nine</emph> +generations is the Cymro abroad a tribesman, and +in <emph>the tenth</emph> he is a stranger. +</p> + +<p> +<note place="margin">The same rule amongst the Israelites.</note> +From a passage in Deuteronomy it would appear +that the qualifications for admission as a full tribesman +amongst the Israelites were identical with those +just mentioned. +</p> + +<p> +The Israelites had purified themselves of the ancestor +worship, that so long survived in Greece, and +had, if one may say so, amalgamated all their minor +deities and tribal superstitions in their one great monotheistic +religion. Even then their tribal minds could +not carry back their theology behind the known history +of their own ancestors. Their God was the God of +Abraham, Isaac, and Jacob, and was in their conception +the greatest of Gods—<hi rend='italic'>i.e.</hi>, greater than the +Gods of other peoples, the existence of which their +own beliefs did not preclude. Thus where in Attic +writers we have mention of the religious rites of the +family (which a stranger or polluted man might not +<pb n="070"/><anchor id="Pg070"/> +approach), and of the partaking therein as proof of +the whole admission and pure blood of those present, +so in Deuteronomy the expression <q>the Congregation +of the Lord,</q> is used to denote that sacred +precinct, forbidden to all save pure tribesmen of Israel. +</p> + +<p> +It may be inferred from the following passage +that if a stranger resided in Israel, and his family +continued to do so for nine generations, the tenth +generation would in any ordinary case be admitted +to the Congregation of the Lord as full Israelites. +</p> + +<quote rend="display"> +Deut. xxiii. 2 and 3. <q>A bastard, or an Ammonite, or Moabite +shall not enter into the congregation of the Lord <emph>even to their tenth +generation</emph>, for ever.</q> +</quote> + +<p> +<note place="margin">Shorter time in special cases.</note> +In special cases (exactly as was the rule in +Wales)—such as the Edomite who was partly akin +already, and the Egyptian who was united to the +Israelites by the mysterious bonds of hospitality—a +shorter sojourn in the land was held to qualify for full +tribal privilege. +</p> + +<quote rend="display"> +Deut. xxiii. 7 and 8. <q>Thou shalt not abhor an Edomite, for +he is thy brother: thou shalt not abhor an Egyptian, because thou +wast a stranger in his land. The <emph>children</emph> that are begotten of +them shall enter into the congregation of the Lord <emph>in their third +generation</emph>.</q> +</quote> + +<p> +The third generation of <emph>children</emph> would be the +<emph>greatgrandchildren</emph> of the original settler, and this +is just one third of the length of time implied as +required from the ordinary stranger, who only +attained the tribal privilege in the third succession +of greatgrandchildren. +</p> + +<p> +It is worth notice in this connection that the land +of Canaan was divided up in the names of the <emph>greatgrandchildren</emph> +of Abraham, to whom the promise was +<pb n="071"/><anchor id="Pg071"/> +made; Ephraim and Manasseh, the sons of Joseph, +taking their place amongst the others by adoption as +sons by their grandfather Jacob, on an equality with +his other sons.<note place="foot">Gen. xlviii. 5. <hi rend='italic'>Cf.</hi> Pindar, +<hi rend='italic'>Ol.</hi> viii. 46. Troy to be subdued +by children of Aeacus in first and fourth generations.</note> +</p> + +<p> +<note place="margin">The privilege of citizenship jealously guarded at +Athens.</note> +These rules are not to be found with the same +distinctness surviving at Athens, but there is a good +deal of evidence showing how jealously the introduction +of strangers to citizenship—which retained much +that made it the later equivalent of the tribal bond—was +regarded. +</p> + +<p> +Strangers made citizens (formally, ceremoniously, +and by public vote) by the Athenian people cannot +hold office as archon or partake of a holy office +(ἱεροσύνη); but their <emph>children can</emph>, if they are born +from a citizen wife duly and lawfully betrothed.<note place="foot">Dem. +<hi rend='italic'>in Neaer.</hi> 1376.</note> +That is to say, that the Athenians considered it necessary +that there should be actually citizen blood in +the veins of all who held office amongst them.<note place="foot"><hi rend='italic'>Anc. +Inscrip.</hi> Brit. Mus. ccxxxviii. Citizenship had to be +confirmed on son of foreigner admitted to citizenship.</note> +</p> + +<p> +<note place="margin">Abhorrence of alien blood.</note> +The abhorrence in which the introduction of alien +blood was held is illustrated by the Athenian law +concerning marriage with aliens, quoted by Demosthenes +in his speech against Neaera. +</p> + +<quote rend="display"> +<hi rend='italic'>Law</hi>: <q>If an alien shall live as husband with an Athenian +woman by any device or contrivance whatever, it shall be lawful +for any of the Athenians who are possessed of such right, to indict +him before the judges. And if he is convicted, he shall be sold for +a slave and his property confiscated, and the third part shall belong +<pb n="072"/><anchor id="Pg072"/> +to the person who has convicted him. And the like proceedings +shall be taken if an alien woman live as wife with an Athenian +citizen, and the citizen who lives as husband with an alien woman +so convicted shall incur the penalty of 1,000 drachmæ.</q> +</quote> + +<p> +<note place="margin">Citizenship only conferred as the highest honour.</note> +Citizenship was considered the highest of privileges, +and was conferred only on persons worthy of +great honour. Any citizen could bring an action +against the newly-admitted stranger to test his real +merits, and even after formal acceptance by the +people of Athens, if he failed to justify his claims at +such a trial, his new honours were stripped from him +and he remained an alien. This being so, it cannot +be expected in the comparison that he should rank +with the ordinary resident in Cymru in the Welsh +Laws, but rather as the chieftain whom the +people wished to honour by admission to their +tribe. +</p> + +<p> +It is stated in the Welsh Laws that the <emph>son</emph> of a +stranger chief, to whom honour was to be given, +entered the whole privilege of the tribe. +</p> + +<p> +<note place="margin">Qualification dependent on ancestry and +status of family.</note> +According to Aristotle,<note place="foot"><hi rend='italic'>Ath. Pol.</hi> lv. 3.</note> +candidates for archonship at Athens were asked their father's name and his +deme, their grandfather's name and his deme, their +mother's and her father's name and his +deme;<note place="foot"><hi rend='italic'>Cf.</hi> Pollux, viii. 85: εἰ +Ἀθηναῖοί εἰσιν ἑκατερωθεν ἐκ τριγονίας.</note> +whether the candidate had an Apollo Patroïos and +Zeus Herkeios, and where these shrines were: +also if he treated his parents well and paid his +taxes. +</p> + +<p> +In order to be perfectly sure that the candidate +was of full and pure blood, they investigated the condition +of both his grandparents, and, as further proof, +<pb n="073"/><anchor id="Pg073"/> +assured themselves that he had a house and property +of his own, and that too inherited from his ancestors. +Furthermore, he must be guilty of no impiety towards +his parents or the State. +</p> + +<p> +If it were the case at Athens that the fourth +generation from a stranger was considered as having +attained to the rights of a citizen, it mattered little +what a man's <emph>greatgrand</emph>father was. He might have +been an alien, yet if the intermediate ancestors were +<q>in order,</q> the candidate would have acquired the full +blood.<note place="foot"><hi rend='italic'>Cf.</hi> Aristot. <hi rend='italic'>Pol.</hi> +iii. 2: +ὁρίζονται δὲ πρὸς τὴν χρῆσιν +πολίτην τὸν ἔξ ἀμφοτέρων πολιτῶν +καὶ μὴ θατέρου μόνον, οἷον πατρὸς ἢ +μητρός, οἳ δὲ καὶ τοῦτ᾽ ἐπὶ πλέον +ζητοῦσιν, οἷον ἐπὶ πάππους δύο ἢ +τρεῖς ἢ πλείους.</note> +</p> + +<p> +<note place="margin">Fourth generation acquired new privilege or status.</note> +In the <hi rend='italic'>Oedipus Tyrannus</hi>,<note place="foot"><hi rend='italic'>Oed. +Tyr.</hi> 742 and 1063 +quoted by Hearn, <hi rend='italic'>Aryan Household</hi>, +p. 206.<lb/> +<lb/> +θάρσει; σὺ μὲν γὰρ οὐδ᾽ ἐὰν τρίτης ἐγὼ<lb/> +μητρὸς φανῶ τρίδουλος, ἐκφανεῖ κακή ...<lb/> +<lb/> +<hi rend='italic'>Cf.</hi> Demosth. 1327. πονηρὸς +ἐκ τριγονίας.</note> Sophocles apparently +uses the expression <q>slave from the <emph>third</emph> mother</q> as +implying that three descents were considered to confirm +the position of the fourth generation as slave or +citizen, or whatever the case might be. Oedipus +assures Jokasta that <emph>her</emph> pedigree and status will +remain unimpugned, even though the enquiry he is +prosecuting establish him thrice-born a slave from +slave mother, slave grandmother, and slave greatgrandmother. +</p> + +<p> +In elections for sacred offices, which appear to +have been about the last things laid open to the new +citizen, the possession of three generations of privileged +ancestors was in some places insisted on. +There is an inscription to this effect belonging to +<pb n="074"/><anchor id="Pg074"/> +Halikarnassos;<note place="foot"><hi rend='italic'>Handbuch der Griechischen +Staatsalterthümer</hi>, von G. Gilbert, ii. p. 298, quotation from Dittenberger +371, 4 ff.:—(ὁ) πριάμε(νος τ)ὴν ἱερητείαν τῆς Ἀρτέμιδος τῆς +Περ(γα)ίας π(αρ)έξετα(ι ἱ)έρειαν ἀστὴν ἐξ ἀστῶν ἀμφοτέρων ἐπὶ +(τ)ρεῖς γενεὰς γεγενημένην καὶ πρὸς πατρὸς καὶ πρὸς μητρός.</note> +and some similar rule seems to have +held good among the Jews. +</p> + +<quote rend="display"> +<q>These sought their register among those that were reckoned by +genealogy, but it was not found; therefore were they, as polluted, +put from the priesthood (<emph>ἠγχιστεύθησαν</emph> ἀπὸ τῆς +ἱερατείας).</q><note place="foot">Nehemiah vii. 64.</note> +</quote> + +<p> +The book of Nehemiah closes with the triumphant +verse: <q>Thus I cleansed them from all strangers.</q> +</p> + +<p> +<note place="margin">Seventh generation in the Ordinances of Manu.</note> +The rule in the <hi rend='italic'>Ordinances of Manu</hi> for the +recovery of Brahman caste is just halfway between +the tenth and the fourth generations—namely, the +seventh, or <emph>greatgrandson of the greatgrandson</emph> of +the first halfcaste. This is only the case when each +generation marries a Brahman wife. +</p> + +<quote rend="display"> +<q>If (the caste) produced from a Brahman by a Çudra woman +keeps reproducing itself by nobler (marriage) this ignoble attains +a noble family <emph>at the seventh union</emph> +(Yuga).</q><note place="foot"><hi rend='italic'>Manu</hi>, x. 64.</note> +</quote> + +<p> +Thus:— +</p> + +<quote rend="display"> +If (1) the halfcaste marries a Brahman woman and<lb/> +(2) his son do.<lb/> +(3) his grandson do.<lb/> +(4) his <emph>greatgrandson</emph> do.<lb/> +(5) <emph>his</emph> son do.<lb/> +(6) his grandson do.<lb/> +(7) his <emph>greatgrandson</emph> do.—at last his family is +restored to their lost high caste. +</quote> + +</div> + +<pb n="075"/><anchor id="Pg075"/> + +<div> +<index index="toc"/> +<head>§ 5. Limitations Of Liability For Bloodshed.</head> + +<p> +<note place="margin">All within the ἀγχιστεία were liable.</note> +The ἀγχιστεία, limited to relations within the +same degrees as for other purposes, seems to be the +unit in the case of pollution of the kindred by the +death—violent or natural—of one of their number. +</p> + +<quote rend="display"> +<q>Whosoever<note place="foot">Plato's <hi rend='italic'>Laws</hi>, ix. 871 B.</note> +being related to the deceased on the male or +female side of those <emph>within the cousinship</emph> (ἐντὸς ἀνεψιότητος), shall +not prosecute the murderer when he ought and proclaim him outlaw, +he shall take <emph>upon himself</emph> the pollution and the hatred of the +gods ... and he shall be in the power of any who is willing to +avenge the dead....</q><note place="foot"><hi rend='italic'>Cf.</hi> 868.</note> +</quote> + +<quote rend="display"> +<q>The pollution cannot be washed out until the homicidal soul +which did the deed has given life for life and has propitiated and +laid to sleep the wrath of the whole family</q> (ξυγγένεια).<note place="foot">872 +E.</note> +</quote> + +<quote rend="display"> +<q>If a brother wound a brother (ὁμόγονος) the parents (γεννῆται) +and the kinsmen (συγγενεῖς) to <emph>cousins' children</emph> on male and female +side shall meet and judge the case.</q><note place="foot">878 D.</note> +</quote> + +<p> +Ransom was forbidden; citizen was bound to +citizen with ties that had inherited too much of the +tribal sanctity to admit of any extenuation of the +extreme penalty. +</p> + +<p> +It was no doubt a wise policy on the part of the +legislators, with the view to the preservation of respect +for life and property, to make the responsibility for +murder rest as widely as possible, and include as +many relations and connections on both sides as might +be. In order also that the wife, in case her husband +was killed, and the daughter, in case her father was +killed, might be fully protected and represented +<pb n="076"/><anchor id="Pg076"/> +among the prosecuting kindred, the law of Draco +seems to lay the necessity for action also on the +father-in-law and the son-in-law. The <hi rend='italic'>phratria</hi>, being +such a compact organisation and exacting such +formal admission of its members, would naturally be +concerned to see that justice was dealt to any of its +number. Though we cannot include the <hi rend='italic'>phratores</hi> +amongst those directly responsible equally with the +near kinsmen for crimes committed by one of their +number, they would always have to take a certain +part in whatever was necessary to bring him to justice, +besides being generally concerned in all matters +relating to kinship, which affected any member of +their <hi rend='italic'>phratria</hi>. +</p> + +<p> +<note place="margin">The Law of Draco.</note> +<q>Proclamation shall be made against the murderer +in the agora within [? his] cousinship and (the +degree) of a first cousin, and prosecution shall be +made jointly by cousins and <emph>cousins' children and +descendants of cousins</emph>, and sons-in-law and fathers-in-law +and <hi rend='italic'>phratores</hi>.</q> +</p> + +<p> +That Demosthenes here quotes a genuine law of +Draco is proved by an inscription found at Athens +belonging to the year 409 <hi rend="smallcaps">B.C.</hi>, recording this sentence +as part of the law of Draco about murder.<note place="foot"><p>Dem. <hi rend='italic'>c. +Makart</hi>, 1069. +</p> +<p> +There is some uncertainty in +the text of this passage, but the +following is Blass' reading adopted +by Kohler:—προειπεῖν τῷ κτείναντι ἐν ἀγορᾷ ἐντὸς ἀνεψιότητος +καὶ ἀνεψιοῦ συνδίωκειν δὲ καὶ ἀνεψιοὺς καὶ ἀνεψιῶν παῖδας καὶ +ἀνεψιαδοῦς καὶ γαμβροὺς καὶ πενθέρους καὶ φράτορας. +</p> +<p> +I am indebted to Mr. J. W. +Headlam for this information, and +also for the fact of the discovery +of the confirmatory inscription. +</p></note> +</p> + +<p> +In another place Demosthenes thus refers to the +action of this law:— +</p> + +<p> +<q>The law commands the relations to go forth and +<pb n="077"/><anchor id="Pg077"/> +prosecute as far as descendants of cousins; and in the +oath it is defined what the relationship actually +is, etc.</q><note place="foot">Dem. <hi rend='italic'>c. Euerg. et Mnesib.</hi> +1161. κελεύει ὁ νόμος τοὺς προσήκοντας ἐπεξιέναι μέχρι +ἀνεψιαδῶν; καὶ ἐν τῷ ὅρκῳ διορίζεται ὅτι προσήκων ἐστι +etc.... <hi rend='italic'>Cf.</hi> Pollux, viii. 118 +(obviously quoting this passage).</note> +</p> + +<p> +The use of ἀνεψιαδοῖ in addition to ἀνεψιῶν παῖδες +in Draco's law above is emphatic as implying that +as regards pollution the group of relations to +second cousins were treated <hi rend='italic'>en masse</hi> as under +the stain; they had not yet, so to speak, reached +the point where they could divide up their responsibility. +</p> + +<p> +<note place="margin">The case of murder within the ἀγχιστεία.</note> +If the murder was committed within the narrow +limits of the ἀγχιστεία itself, the double pollution of +the bloodspilling and the blood spilled rested upon the +whole group with overwhelming force. +</p> + +<p> +Plato<note place="foot"><hi rend='italic'>Laws</hi>, 877 c.</note> +treats of such a calamity and prescribes +the remedy. If a man slay his wife, or she her +husband, his children are orphans; their debt +of maintenance to their parent is cancelled; he +must flee; they possess his goods. If he is childless, +his relations shall meet <emph>to the children of his +cousins</emph> on the male and female side (<hi rend='italic'>i.e.</hi> all his possible +heirs) and shall elect not one of themselves, +but a younger son of some other and pious family to +bring in new blood with better fortune to counteract +the curse, as heir to the house (κληρονόμος εἰς τὸν οἶκον), +introducing him to the father of the banished (or +deceased) man and to those further back in the family +(τοῖς ἄνω τοῦ γένους), calling him their <emph>son</emph>, the continuer +of their family (γεννήτωρ), their hearth-keeper +<pb n="078"/><anchor id="Pg078"/> +(ἑστιοῦχος), and minister of their sacred rites.... +But the guilty man they shall <q>let lie,</q> nameless, +childless, portionless for ever.<note place="foot"><hi rend='italic'>Cf.</hi> 2 Sam. +xiv. 7. House extinguished for fratricide.</note> +</p> + +<p> +<note place="margin">The blood-fine or galanas in Wales.</note> +In the ancient Laws of Wales the blood-fine takes +a very important position. But whereas all the +relations of the murderer are liable to be called upon +to pay the <q>Spearpenny,</q> as it is called, only the +inner kindred within fixed degrees contribute proportionally +to the payment of the price. The group +upon which this responsibility falls is twice as large +in the Welsh Laws as at Athens, and includes <emph>fifth</emph> +cousins, or the greatgrandchildren of greatgrandchildren +of a common ancestor. +</p> + +<p> +The Dimetian Code describes the relations who +pay galanas as follows.<note place="foot"><hi rend='italic'>Dimetian Code</hi>, ii. +i.</note> Those beyond only pay +<q>spearpenny.</q> +</p> + +<list type="simple"> +<item>Father and mother.</item> +<item>Grandfather.</item> +<item>Greatgrandfather.</item> +<item>Brother and sister.</item> +<item>First cousins.</item> +<item>Second cousins.</item> +<item>Third cousins.</item> +<item>Fourth cousins.</item> +<item>Fifth cousins.</item> +</list> + +<p> +According to the Gwentian Code, <emph>fifth</emph> cousins +share. <q>There is no proper share, no proper name in +kin further than that.</q><note place="foot"><hi rend='italic'>Gwentian Code</hi>, +ii. viii. <hi rend='italic'>Cf.</hi> +Sapinda and Samānodaka: both owe rites at death of kinsman. +Manu, ix. 186, and v. 60, quoted above.</note> +</p> + +<pb n="079"/><anchor id="Pg079"/> + +<p> +The Venedotian Code states that galanas is paid by +the kindred: two parts by the relations of the father, +one part by the relations of the mother, to <emph>sixth +cousins</emph>. All kindred after sixth cousins pay +spearpenny.<note place="foot"><hi rend='italic'>Venedotian Code</hi>, iii. i.</note> +</p> + +<p> +The sixth cousin is also called <q>kinsman son of a +fifth cousin, and then <emph>the father (i.e. the fifth cousin) +pays it</emph>, because his relationship can be fixed, <emph>but the +relationship of his son to the murderer cannot</emph>.</q> +</p> + +<p> +<note place="margin">Defilement rested upon the group of kinsmen.</note> +The defilement of carrying out a corpse and +assisting at a funeral also covered the same area of +relationship at Athens—<hi rend='italic'>i.e.</hi> the ἀγχιστεία. The house +of the dead man was only to be entered by those +naturally polluted. +</p> + +<quote rend="display"> +<q>After the funeral no woman to enter the house save only +<emph>those defiled</emph>; to wit—mother, wife, sisters, and daughters; +beside these not more than five women and two girls, <emph>daughters of +first cousins</emph>: beyond these, +none.</q><note place="foot"><hi rend='italic'>Inscript. Jurid. Grecques</hi> par +Dareste, &c., 1891, p. 10. Inscription found at Iulis in Keos. +<hi rend='italic'>Fifth century</hi> <hi rend="smallcaps">B.C.</hi> +<hi rend='italic'>Cf.</hi> Numbers xix. 14.</note> +</quote> + +<p> +Demosthenes quotes the law of Solon to the effect +that— +</p> + +<quote rend="display"> +<q>No woman under sixty years old to enter the house or follow +the corpse except those within ἀνεψιαδοῖ (πλὴν ὅσαι ἐντὸς ἀνεψιαδῶν +εἰσιν): no woman <emph>at all</emph> may enter the house after the carrying +out of the corpse except <emph>those within</emph> +ἀνεψιαδοῖ.</q><note place="foot"><hi rend='italic'>c. Makart.</hi> 1071.</note> +</quote> + +<p> +All those near of kin assist in the funeral. +</p> + +<p> +The payment of the blood-fine by the whole +family of the murderer was considered necessary to +<pb n="080"/><anchor id="Pg080"/> +allay the vengeance and anger of the family of the +murdered man within the same area of relationship. +In Wales the members of the family who received +the galanas, did so in proportion to the importance +of their position in the transmission of the kindred +blood, according to a classification identical with +their proximity in relationship to the dead man, +and their expectation of inheritance from him or succession +to his place. +</p> + +<p> +<note place="margin">The mother's relations included in Greece +and in Wales.</note> +The inclusion of the mother's relatives and their +liability in these circumstances, in addition to the +paternal relations, follow naturally enough in Wales +as in Greece when once the transmission of inheritance +through a woman, in default of male heirs, had +become a recognised possibility. A woman's sons +might always be called upon under certain circumstances +to take inheritance from <emph>her</emph> father or next of +kin. They therefore quite fairly shared in the claims +as well as the privileges of their position. And <hi rend='italic'>vice +versa</hi>, in exchange for the priceless guarantee of continuity +provided by a woman's offspring to her relations, +they too would be prepared to undergo a part +of the penalties incurred by any of those who might +rank some day as their next of kin, or as their +sons. +</p> + +<p> +This view of the source of their recognition as +members of the kindred responsible for the blood-fine +in Wales is confirmed by a statement in the Venedotian +Code.<note place="foot"><hi rend='italic'>Welsh Laws</hi>, vol. i. 229. Cf. +<hi rend='italic'>Ord. of Manu</hi>, ix. 201, where list +of those incapable of receiving inheritance includes eunuchs.</note> +Those women and clerks who can +swear that they will never have children, and so +are useless for the preservation of continuity in the +<pb n="081"/><anchor id="Pg081"/> +families to which they belong, are specially exempted +from contribution to the galanas, inasmuch as they +have forsworn the privilege of attaining through posterity +a share in the immortality on earth of their +kindred. +</p> + +</div> + +</div> + +<pb n="082"/><anchor id="Pg082"/> + +<div rend="page-break-before: always"> +<index index="toc"/> +<index index="pdf"/> +<head>Chapter IV. The Relation Of The Family To The Land.</head> + +<lg> +<l>Γαῖαν παμμήτειραν ἀείσομαι, ἠυθέμεθλον,</l> +<l>πρεσβίστην, ἣ φέρβει ἐπὶ χθονὶ πάνθ᾽, ὁπός᾽ ἐστὶν, ...</l> +<l>ἐκ σέο δ᾽ εὔπαιδές τε καὶ εὔκαρποι τελέθουσι,</l> +<l>πότνια, σεῦ δ᾽ ἔχεται δοῦναι βίον ἠδ᾽ ἀφελέσθαι</l> +<l>θνητοῖς ἀνθρώποισιν.</l> +</lg> + +<p> +Homeric Hymn. +</p> + +<div> +<index index="toc"/> +<head>§ 1. The Κλῆρος And Its Form.</head> + +<p> +In trying to realise the methods of land tenure +amongst the Greeks, we are baffled by the indirectness +of the evidence available. +</p> + +<p> +<note place="margin">The usual holding of a citizen was called +a κλῆρος or <q>lot.</q></note> +We know that the estate which descended from +father to son, and was in theory inalienable from the +family of its original possessors, was called a κλῆρος +or <q>lot,</q> but the familiarity with which the poets, +historians, and orators use the word does not afford +information as to what the κλῆρος really was and how +it was made use of in practice. The law concerning +these family holdings, says Aristotle,<note place="foot">ὁ περὶ τῶν κλήρων καὶ +ἐπικλήρων. <hi rend='italic'>Pol. Ath.</hi> 9.</note> and concerning +their possible transmission through daughters was +not written. It was a typical example of customary +law. This statement gives a hint as to the usual +treatment of questions arising under this head. +Methods of land tenure were not of rapid growth, nor +<pb n="083"/><anchor id="Pg083"/> +were they easily changed; they had their source with +the slow devotion to agriculture of pastoral tribes, +and were dependent on a class unaffected by the +growth of education and the arts. +</p> + +<p> +<note place="margin">The relation of ownership of land to the structure of +the family.</note> +The intricate connection of the system of land +tenure with the composition of the family removed +the consideration of questions of ownership from the +sphere of written law, and delegated them to the most +conservative department of customary procedure, +ranking them on a par with questions of family +religious observances.<note place="foot">Cf. <hi rend='italic'>Cic. de Legibus</hi> +ii. 21. Nam sacra cum pecunia pontificum +auctoritate, nulla lege conjuncta sunt.</note> The deposit of some ancestor's +bones in a certain field was occasionally a valuable +link in the title to possession of that piece of land as +private property;<note place="foot">Dem. <hi rend='italic'>in Calliclem</hi>, 13-14. +Coulanges, <hi rend='italic'>Problèmes d'Histoire</hi>, +p. 19.</note> and the possession of land at all +was in part a guarantee of the pure native blood in +the veins of the possessor.<note place="foot">Arist. <hi rend='italic'>Pol. Ath.</hi> +lv. 3; Harpocration, ὅτι δὲ τούτοις μετῆν τῆς πολιτείας οἷς εἴη Ζεὺς ἑρκεῖος, +δεδήλωκε καὶ Ὑπερείδης ...</note> It is a striking illustration +of the truth of this that, throughout all the extant +speeches of Isaeus dealing with the disposal of κλῆροι +of dead citizens, not a single case turns upon evidence +for or against a sale or transfer of property. The +speeches all deal exclusively with family matters; +the line of argument always leads to the proof of near +kinship by blood or adoption to the previous owner; +and the right of possession of the inheritance seems +taken for granted as following incontrovertibly the +establishment of the required relationship.<note place="foot">In other words, the devisee +could not possess the property devised to him until his place as +heir in the succession by blood or adoption was legally established.</note> +</p> + +<pb n="084"/><anchor id="Pg084"/> + +<quote rend="display"> +<q>It seems to me that all those who contend for the right of +succession to estates, when like us they have shown themselves to +be both nearest in blood to the person deceased, and most connected +with him in friendship (φιλίᾳ), are dispensed from adding +a superfluity of other arguments.</q><note place="foot">Isaeus, i. 17. The +<q>friendship</q> insured that his presence +and officiating at the tomb would be acceptable to the soul of the +deceased—always an important consideration.</note> +</quote> + +<p> +<note place="margin">Early semi-pastoral habits.</note> +In the early settlements, as Thucydides tells us, +necessity was the ruling motive. Each man devoted +his attention to providing the necessaries of life. +There was superfluity neither of chattels nor of tilth. +Men hesitate to sow when the harvest is to be reaped +by their enemies.<note place="foot">Thuc. i. 2. Νεμόμενοί τε τὰ αὑτῶν ἔκαστοι ὅσον +ἀποζῇν, καὶ περιουσίαν χρημάτων οὐκ ἔχοντες οὐδὲ γῆν φυτεύοντες, ἄδηλον ὃν +ὁπότε τις ἐπελθὼν καὶ ἀτειχίστων ἅμα ὄντων ἄλλος ἀφαιρήσεται.</note> +The flocks and herds of the +pastoral tribes could be driven for safety into the +mountain strongholds; yet even they were liable to +frequent losses. On one occasion Odysseus had to +go to Messene <q>to recover a debt; which, to wit, the +whole people owed him (πᾶς δῆμος): for the Messenians +had lifted 300 sheep with their shepherds +from Ithaka.</q><note place="foot"><hi rend='italic'>Od.</hi> 21. 16. Cf. +<hi rend='italic'>Il.</hi> xi. 682 <hi rend='italic'>sq.</hi> where the booty consists of +50 herds of kine, 50 flocks of sheep, 50 droves of swine, 50 +flocks of goats, and 150 chestnut mares, many with foals at foot.</note> +As the newcomers increased in numbers +and gained a reputation for ability to defend +their own, sufficient to discourage the attacks of their +neighbours, they would have leisure to devote some +of their energies to the cultivation of the plains +around them. Troy was founded first up in the +hills,<note place="foot"><hi rend='italic'>Il.</hi> xx. 216-8.</note> +and afterwards was moved down to a good position on +the lower ground for the sake no doubt of the better +<pb n="085"/><anchor id="Pg085"/> +pasture in the river meadows, and of the agriculture +which had long been carried on over the <q>wheat-bearing +plain</q> around the city,<note place="foot"><hi rend='italic'>Il.</hi> xxi. 602. +Cf. <hi rend='italic'>Od.</hi> iii. 495.</note> before the ravages of +the ten years' war. +</p> + +<p> +It is not proposed to enter in detail into the +<emph>methods</emph> of cultivation of the soil in vogue at various +times in Greece; but inasmuch as whilst studying +the kernel, assistance may often be obtained from +knowledge of the shell, mention may be made in +passing of such few points of interest in the physical +features of agriculture as may be available. +</p> + +<p> +<note place="margin">Modern methods of land-tenure in Greece +and the islands.</note> +In the Consular Reports on Land Tenure in Europe +made in 1869, descriptions are given of the existing +methods of tenure and cultivation in Greece and the +Islands. +</p> + +<p> +In Greece the usual holding of a small proprietor +is said to be of fifteen to twenty-five acres (or sometimes +double that area), and is called a +<hi rend='italic'>zeugarion</hi>.<note place="foot"><hi rend='italic'>Consular +Reports</hi>, p. 20.</note> +Many have only a couple of acres. +</p> + +<quote rend="display"> +<q>The greatest inconvenience and frequent lawsuits arise from +the manner in which these properties intersect each other. Moreover +none of the usual precautions are adopted to mark the limits +of the different properties, which, in the absence of any reliable +land survey, are often very vaguely described in the title +deeds.</q><note place="foot"><hi rend='italic'>Ibid.</hi></note> +</quote> + +<p> +In cases of intestacy real property is divided +equally among the children or nearest relatives. +When there is a will the testator can only reserve for +his disposal a share of the estate equivalent to that +which, after an equal division, descends by right to +each of the direct heirs. +</p> + +<pb n="086"/><anchor id="Pg086"/> + +<p> +<note place="margin">Family-holdings in Santa Maura.</note> +Professor Ansted, in his book on the Ionian +Islands in the year 1863, thus describes the management +of an estate on the Island of Santa Maura:—<note place="foot">P. 199.</note> +</p> + +<quote rend="display"> +<q>According to Ionian law, all the members of a family share +equally in the family property after the death of the father; but +it does not follow as a matter of course that the property is divided. +It is much more usual that the brothers and sisters, if young, +continue to live together till they either marry or undertake some +employment or business at a distance. If a sister marries, she is +dowered with a sum equivalent to her share. If a brother however +earns a separate income, from whatever source, whether he be +married or remain single, and whether he live in the same or a +different house, or even remove to another town or island, he pays +in all his income to a joint fund, <emph>the foundation of which is the +income obtained from the paternal estate</emph>. Those who do nothing +else manage the estate. One brother, perhaps, remains in the +village as cultivator, another lives in the town acting as factor, or +merchant to the estate, receiving and selling the produce and +managing the proceeds, whatever the case may be; and in addition +selling, exporting, and otherwise conducting a general business in +the same department. A third may perhaps receive and sell the +goods in a foreign country. A fourth may be a member of the +legislature, and a fifth a judge. Some marry and have families, +others remain single: but the incomes of all are united, each +draws out a reasonable share, according to his needs, and a very +close account is kept of all transactions. If one brother dies, his +children come into the partnership; and as time goes on, these +again will grow up and marry, the daughters receiving a proportional +and often large dower out of the joint fund, entirely without +reference to the special property of their parents. This may go on +indefinitely: but as family quarrels will arise, <emph>there are always +means of terminating the arrangement</emph>, and closing accounts, either +entirely as regards all, or partially as with reference to a <hi rend='italic'>mauvais +sujet</hi>, or troublesome member of the partnership.... This curious +patriarchal system, though obtaining more perfectly and frequently +in Santa Maura than in the other islands, exists in Cephalonia and +is said to be not quite unknown in Zante, where the state of +society approximates far more to that common in the western +countries of Europe. Santa Maura, being the most isolated of +all the islands and that which retains all ancient customs most +<pb n="087"/><anchor id="Pg087"/> +tenaciously, is naturally that in which this sort of communism can +exist with smallest risk of interference.</q> +</quote> + +<p> +According to the Consular Reports, the relations +between landlord and tenant are governed more by +local usage than by law, and the landlord generally +takes on an average about 15 per cent. of the produce +in kind on the threshing-floor, as rent, in cases where +he does not supply more than the bare use of the +land.<note place="foot"><hi rend='italic'>Consular Reports</hi>, pp. 23 and +30.</note> +</p> + +<p> +<note place="margin">The open field system in Greece,</note> +There is little manuring; the light plough barely +turns the surface of the land. Land is usually allowed +to lie fallow every other year, sometimes two years +out of three. Sheep and goats are the chief stock; +they of course graze in summer on the mountains; +villages sometimes own forests and waste lands in +common. +</p> + +<p> +<note place="margin">and in the islands.</note> +In the islands of the Archipelago,<note place="foot"><hi rend='italic'>Ibid.</hi> p. +26.</note> the holdings are +frequently divided into separate plots consisting of a +quarter or half acre apiece or even less, intersected by +those belonging to other parties. Cattle are pastured +on the fallow, roadsides, &c., near the village. +</p> + +<p> +In Cephalonia,<note place="foot"><hi rend='italic'>Ibid.</hi> p. 40.</note> +holdings consist of from five to +twenty-five acres, seldom in a continuous piece, but +<q>cut up into patches and intersected by other properties.</q> +</p> + +<p> +In Corfu,<note place="foot"><hi rend='italic'>Ibid.</hi> p. 49.</note> +the holdings are similar—infinitesimally +small and intermixed pieces of land, especially in the +olive groves, where however there are no divisions +on the land and the <q>oldest inhabitant</q> has to be +asked for evidence of ownership in disputed cases. +</p> + +<pb n="088"/><anchor id="Pg088"/> + +<p> +Throughout the Greek nation, the peasants live in +their houses in villages and not on separate estates. +They help one another to avoid the expense of hired +labour, and themselves work for hire on the estates +of the large proprietors. +</p> + +<p> +<note place="margin">The open field system in Homer.</note> +Professor Ridgeway has drawn attention to the +knowledge of this open field system in the <hi rend='italic'>Iliad</hi> and +<hi rend='italic'>Odyssey</hi>;<note place="foot"><q>The Homeric Land System,</q> +<hi rend='italic'>Journal of Hellenic Studies</hi>, 1885.</note> +and indeed the division of the land tilled +by occupants of villages into small pieces or strips, in +such a way that the holding of each consists of a +number of isolated pieces lying promiscuously +amongst the strips of others, over the whole area +under plough, is a world-wide custom and is the habit +alike of the east as of the west. +</p> + +<p> +Though the assertion cannot yet be made that +the κλῆρος was thus arranged on the soil, it can do +no harm at any rate to bear in mind this ancient and +still used method of dividing land, whilst considering +the question of the relation of the ownership of the +soil to the rank and status of the tribesman. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 2. The Relation Of The Κλῆρος To The Οἶκος.</head> + +<p> +<note place="margin">Ownership of the κλῆρος vested in the head of the οἶκος.</note> +The connection of the possession of land with the +headship of the family finds its counterpart in the +right of maintenance of those who had the true blood +of that family. And in those countries where the +sons remained until their father's death under his +<hi rend='italic'>patria potestas</hi> they had to look to him for maintenance +<pb n="089"/><anchor id="Pg089"/> +derived from the κλῆρος which descended to +him as the means of sustenance for himself and his +family. Where the head of the family alone was +responsible for the rites to the dead at the family +altars, the position of a son would always be incomplete +if he tried to establish during his father's lifetime +a hearth and household of his own. And it has +been already mentioned that it was necessary to +emancipate a son from the family of his own father, +before he could take property, passing on the death +of his mother's relations to her issue, and assume his +rightful position as their representative and the living +head of their household.<note place="foot">Isaeus, xi. 49 (Hagnias).</note> +</p> + +<p> +According to Harpocration, the initiation into the +mysteries of the hearth only took place on the actual +assumption of the inheritance.<note place="foot">Harp. <hi rend='italic'>s. v.</hi> +ἀφ᾽ Ἑστίας μυεῖσθαι; Ἰσαῖος ἐν τῷ πρὸς Καλυδῶνα. ὁ ἀφ᾽ Ἑστίας μυούμενος +Ἀθηναῖος ἦν πάντως. κλήρῳ δὲ λαχὼν ἐμυεῖτο.</note> +</p> + +<p> +<note place="margin">Dependence of other members of the οἶκος.</note> +Occasionally a father feeling the weight of years +would be glad to pass on to his son during his lifetime +some of his burden of responsibility by making +him master of his estate (κύριος τῆς οὐσίας).<note place="foot">Isaeus, vii. 15 and 27, +(Apollod.)</note> In +this case, the son would be responsible for the +maintenance of his parent, a duty much insisted on +by Plato and Isaeus. In fact the conclusion is justified +that the family, until final subdivision into +separate οἶκοι, drew its supplies from the common +inheritance, and that the subdivision of the means of +subsistence was contemporaneous and co-extensive +with the differentiation of the various branches of the +original οἶκος along the lines of the rising generations. +</p> + +<pb n="090"/><anchor id="Pg090"/> + +<p> +The same may be inferred from the words of +Demosthenes describing the division of the property +of Bouselos amongst his sons and the foundation of +their several οἶκοι. +</p> + +<quote rend="display"> +<q>And all these sons of Bouselos became men, and their father +divided his substance amongst them all, with perfect justice. And +they having shared the substance, each of them married a wife +according to your laws, and there were born children to them all, +and children's children, and there grew up five οἶκοι from the one +οἶκος of Bouselos, and each dwelt apart, having his own house and +his own offspring.</q><note place="foot">1055 <hi rend='italic'>et seq.</hi> +<hi rend='italic'>Cf.</hi> 1149 where one brother lives with his father +after the division, whilst his brother has a house of his own: +and 1086 where two brothers live apart but with undivided estate.</note> +</quote> + +<p> +In the meanwhile, before division, all sons had +equal right to participate in the family goods after the +father's death, and dowries had to be paid therefrom +to the daughters. The eldest brother was guardian +(κύριος) of his sisters and those of his brothers who +were minors, inasmuch as he succeeded to his father's +position of head of his kindred at the altars of their +ancestors. But in Greece at any rate his authority +over his brothers when once a division had taken +place seems to have been slight if it existed at all. +</p> + +<p> +<note place="margin">The prerogative of the eldest brother,</note> +Amongst the Gods, the three brothers Zeus, +Poseidon, and Hades, sons of Rhea, shared their +inheritance from their father Kronos. They divided +everything in three, shaking lots thereover (παλλομένων). +Each took equal share of honour (ἔμμορε τιμῆς), +but earth and Olympos were common (ξυνή) to +all.<note place="foot"><hi rend='italic'>Il.</hi> xv. 187 +<hi rend='italic'>sq.</hi></note> +But Zeus was the first-born and <q>knew more things</q>—Ἀλλὰ +Ζεὺς πρότερος γεγόνει καὶ πμείονα ᾒδη<note place="foot"><hi rend='italic'>Ib.</hi> +xiii. 355.</note>—and +Poseidon therefore avoided open strife with him, however +<pb n="091"/><anchor id="Pg091"/> +unwillingly. Though Zeus be the stronger, +grumbles the Sea-god, let him keep to his third share +and not interfere with his brothers' pleasure on their +common ground, the earth. Let him threaten his sons +and daughters who needs <emph>must</emph> listen to him (ἀκούσονται +καὶ ἀνάγκῃ). Yet because the Erinnyes ever take the +side of the eldest born—ὡς πρεσβυτέροισιν Ἐριννύες +αἰὲν ἕπονται—it were good counsel to knock under, +even though the division was made in perfect equality +(ἰσόμορον καὶ ὁμῇ πεπρωμένον αἴσῃ).<note place="foot"><hi rend='italic'>Cf.</hi> +the use of ἠθεῖος (<q>revered</q>) as the stock epithet of +the <emph>eldest</emph> brother in Homer <hi rend='italic'>Il.</hi> +vi. 518, and elsewhere. Pollux, <hi rend='italic'>On.</hi> 3, 24, states that this is the +right use of the word.</note> +</p> + +<p> +<note place="margin">contrasted with the power of the head of the household.</note> +This passage contrasts the recognised autocracy of +the head of the family over his own household with +the courteous deference of the younger brothers +towards the eldest; and it is evidence, so far as it +goes, that the eldest brother did not succeed to his +father's power over his grown-up brothers, but owed +what influence he did not obtain from the superior +advantages of his age and experience, to a superstitious +feeling that something was due to him in his position +of head of the eldest branch of the family. +</p> + +<p> +In the <hi rend='italic'>Odyssey</hi>,<note place="foot"><hi rend='italic'>Od.</hi> +xiii. 142.</note> Zeus gives Poseidon the title of +<q>eldest and best</q>—πρεσβύτατον καὶ ἄριστον—and elsewhere +Hera lays claim to the same birthright.<note place="foot"><hi rend='italic'>Il.</hi> +iv. 59 <hi rend='italic'>sq.</hi><lb/> +<lb/> +Καὶ γὰρ ἐγὼ θεός εἰμι, γένος δὲ μοι ἔνθεν, ὅθεν σοι;<lb/> +καὶ με πρεσβυτάτην τέκετο Κρόνος ἀγκυλομήτης,<lb/> +ἀμφότερον, γενεῇ τε καὶ οὕνεκα σὴ παράκοιτις<lb/> +κέκλημαι; σὺ δὲ πᾶσι μετ᾽ ἀθανάτοισιν ἀνάσσεις.</note> +</p> + +<p> +The power of the head of a household must have +been something much more real. Telemachos declares +that he is willing that some other <hi rend='italic'>basileus</hi> in Ithaka +<pb n="092"/><anchor id="Pg092"/> +should take the kingship, but he will be master over +his own house—ἄναξ οὄκοιο ἡμετέροιο—<q>and over the +slaves that the divine Odysseus won for +me.</q><note place="foot"><hi rend='italic'>Od.</hi> i. 397, +<hi rend='italic'>cf.</hi> ix. 115.</note> +</p> + +<p> +In the Homeric Hymn to <hi rend='italic'>Hestia</hi>, that deity +receives the title of honour of firstborn: the poet, by +a fanciful blending of ideas, implying that the honour +paid to the sacred hearth by the eldest of the family, +fell to her share as the eldest born of the children of +Kronos.<note place="foot">xxix. Εἰς Ἑστίαν.<lb/> +<lb/> +Ἑστιη, ἣ πάντων ἐν δώμασιν ὑψηλοῖσιν<lb/> +ἀθανάτων τε θεῶν χαμαὶ ἐρχομένων τ᾽ ἀνθρώπων<lb/> +ἕδρην ἀίδιον ἔλαχε, πρεσβηίδα τιμὴν,<lb/> +καλὸν ἔχουσα γέρας καὶ τίμιον; οὐ γὰρ ἄτερ σοῦ<lb/> +εἰλαπίναι θνητοῖσιν, ἵν᾽ οὐ πρώτῃ πυμάτῃ τε<lb/> +Ἑστίῃ ἀρχόμενος σπένδει μελιηδέα οἶνον.</note> +</p> + +<p> +Aristotle says that every household is ruled +(βασιλεύεται) by its oldest member,<note place="foot">Pol. I. 2, 6. πᾶσα γὰρ οἰκία +βασιλεύεται ὑπὸ τοῦ πρεσβυτάτου. +<hi rend='italic'>Cf.</hi> use of πρεσβεύεσθαι in +<hi rend='italic'>Aesch. Ag.</hi> 1300, <hi rend='italic'>Choeph.</hi> 486 +and 631.</note> and gives this prerogative +of the household-<hi rend='italic'>basileus</hi> as the type and +origin of the kingship in the village and the State. +Reference has already been made, in the section on +the limitations of the ἀγχιστεία, to the passage in the +Gortyn law, viz.— +</p> + +<quote rend="display"> +<q>The father shall have power over the children and the +property to divide it amongst them.... As long as they (the +parents) are alive there is no necessity for +division.</q><note place="foot"><hi rend='italic'>Gortyn Law</hi>, iv. 24, +<hi rend='italic'>supra</hi> p. <ref target="Pg047">47</ref>.</note> +</quote> + +<p> +<note place="margin">No joint holding between a father and his sons.</note> +But it must be borne in mind that though the +κλῆρος was set apart in theory for the use and +sustenance of a head of a family with all his descendants, +and was supposed to be inalienable therefrom, +there is no reason to suppose that there existed among +<pb n="093"/><anchor id="Pg093"/> +the Greeks a system of joint holding between father +and son. The ownership and management of the +property vested in the head of the family. It is true +that brothers did not always divide their inheritance +on the death of their father, but their undivided right +to their respective equal shares remained to each one +and his descendants as an individual property, and they +always seem to have had the expectation of an +ultimate subdivision amongst the separate οἶκοι that +had sprung into being.<note place="foot">In the island of Tenos, according +to an inscription of the second or third century <hi rend="smallcaps">B.C.</hi>, the +transfer of undivided fractions of houses and property was of exceedingly +common occurrence. Sales are recorded of a fourth part +of a tower and cistern; half a house, lands, tower, &c. <hi rend='italic'>Inscr. +Jurid. Gr.</hi>: Dareste, &c. p. 63.</note> +</p> + +<p> +<note place="margin">Confirmatory evidence of the Gortyn Laws.</note> +The Gortyn Laws throw some light on the subject. +</p> + +<p> +As long as the father is alive, no man shall buy or +receive in pledge from the son any of the father's +property. But what the son himself has earned, or +inherited, he may sell if he like. +</p> + +<p> +So too the father may not dispose of the goods of +the children which they have earned or inherited. +</p> + +<p> +Yet may a son's prospective share in his paternal +inheritance be sold to pay any legal fine he has +incurred.<note place="foot"><hi rend='italic'>Gortyn Laws</hi>, iv. 29-31.</note> +</p> + +<p> +<note place="margin">But the land was in theory inalienable from the family.</note> +There is no joint holding here between father and +son. The father is in undisputed possession, and +nothing the son can do by private contract can affect +his father's occupation. But if the son had a right +of maintenance from his father during the lifetime of +both, his expectation of succession to an equal share +with his brothers would give him, so to speak, a value +<pb n="094"/><anchor id="Pg094"/> +in the public eye. In the event of his incurring a +blood-fine, his father would presumably be obliged to +pay it out of the patrimony; and when exaction of +such penalties passed into the hands of a court, exception +would hardly be made for long on behalf of +the fine for murder over penalties for other crimes +coming before the court. Although therefore for all +ordinary purposes a son had no claim on the paternal +estate beyond his maintenance, his right of succession +might easily grow up in the eye of the law as an +available asset capable of forfeiture with the theoretical +assumption that the scapegrace was unfit to hold +his position in the family.<note place="foot"><p>Cf. <hi rend='italic'>Ordinances of +Manu</hi>, ix. 213-4. <q>If an eldest (brother), through avarice, commit an injury +against his younger (brothers), he should be made a not-eldest +and <emph>shareless</emph>, and be put under restraint by kings.</q> +</p> +<p> +<q>None of the brothers who perform wrong acts <emph>deserve</emph> (share +in) <emph>the property</emph>, ...</q> +</p></note> His future portion, thus +becoming deprived of a representative, might be wholly +or in part confiscated to the State. There are many +inscriptions confiscating to the State the goods of +criminals who transgressed the laws therein; but Plato +evidently contemplated the possibility of wiping out +the individual without depriving his descendants of +their inheritance.<note place="foot"><hi rend='italic'>Laws</hi>, 877 c.</note> +In such a case as wife-murder, he +says, the husband's right of maintenance is extinguished +from amongst his family, he should be banished +and his name wiped out for ever, whilst his sons or +relations enter upon the inheritance of his property +<emph>immediately</emph>. No distinction is made by Plato, or in +the Gortyn Laws in such a case between chattels +and land. But inasmuch as all fines would be levied +<pb n="095"/><anchor id="Pg095"/> +in the first instance upon the property of the guilty +individual, it may be assumed that his own earnings +went first, and that only in extreme cases would the +ancestral land of the family be sold. Even then, in +Israelite law, it was expected that the land would be +<emph>redeemed</emph> by the nearest relative,<note place="foot">Lev. xxv. 25; +Jerem. xxxii. 8.</note> so that the result +would be that the land would go out of the family +only when no relative could be found rich enough to +pay the fine out of his chattels. +</p> + +<p> +<note place="margin">Close analogy in the custom of Gavelkind in Kent.</note> +It is interesting to find analogous provisions in +the customs of Gavelkind of ancient Kent. Under +the system of Gavelkind equal division of property +amongst sons obstinately held its own against the +incursions of the right of primogeniture; and the +connection of the family with their land seems to +have been regarded as especially privileged in spite +of the growth of Feudalism. +</p> + +<quote rend="display"> +<q rend="pre">If any tenant in Gauelkinde be attainted of felonie, for which +he suffereth execution of death, the king shall have all his <emph>goods</emph>, +and his heire forthwith after his death shall be inheritable to all +his <emph>landes</emph> and tenements which he held in Gauelkinde in fee, and +in inheritance: and he shall hold them by the same services and +customes as his auncestors held them: whereupon, it is said in +Kentish:</q> +</quote> + +<lg> +<l><q rend="pre">The father to the boughe,</q></l> +<l><q>And the sonne to the ploughe.</q><note place="foot">Another version runs: +<lb/> +<q rend="pre">The fader to the bonde</q><lb/> +<q rend="post">And the son to the londe.</q><lb/> +<lb/> +Sandys, <hi rend='italic'>History of Gavelkind</hi>, +1851, pp. 5 and 150.</note></l> +</lg> + +<p> +<note place="margin">Allotment or <q>gift</q> to a bastard son.</note> +It had become customary to allot to a bastard son +who was prevented by his birth from ranking with +his brothers, and who had no place in the kindred, +some smaller substance as a means of subsistence. +</p> + +<pb n="096"/><anchor id="Pg096"/> + +<p> +<note place="margin">But he was not admitted to his father's family.</note> +Odysseus pretends he was in this position, and +relates how his proud brothers allotted him but a +small <emph>gift</emph> (παῦρα δόσαν) and a house as his +portion.<note place="foot"><hi rend='italic'>Od.</hi> xiv. 209. +<hi rend='italic'>Cf.</hi> Pindar, <hi rend='italic'>Ol.</hi> ix. 95-100. Bastard prince +named after his mother's father and given one πόλιν λαόν τε διαιτᾶν.</note> +</p> + +<p> +Isaeus mentions that, only on the acquiescence +of the true son, was admission granted to a +bastard into the phratria. Even then he was not +apparently taken into his father's family, but allotted +a farm (χωρίον ἕν) by his brother and, as it were, +launched into the world to start a family of his own, +without any further claim upon the property of his +father.<note place="foot">Is. vi. 23.</note> +</p> + +<p> +His introduction and admission to a phratria and +deme, as a descendant of an old family, so far removed +the stigma of his birth as to give him the title +of citizen, and thus afforded him the qualification for +holding land. Yet the knowledge of his real parentage +bereft him of the right of sharing equally with the +rest of his father's sons, and compelled him to be +satisfied with the bare means of subsistence wherewith +to found and continue a house of his own.<note place="foot">Cf. <hi rend='italic'>Eur. +Ion</hi> 1541.<lb/> +<lb/> +... τοῦ θεοῦ δὲ λεγόμενος<lb/> +οὐκ ἔσχες ἄν ποτ᾽ οὔτε παγκλήρους δόμους<lb/> +οὔτ᾽ ὄνομα πατρός.</note> +</p> + +<p> +<note place="margin">Gifts of land to new citizens.</note> +When citizenship was conferred upon a beneficent +stranger, it was the custom at the same time to +assign him and his descendants a house and some +land. We hear of grants on such occasions consisting +of a κλῆρος in the plain, a house, and a garden free +of taxes; a <emph>half</emph>-κλῆρος in the plain, a house and a +garden of half the area of the preceding grant, &c. In +the fourth century <hi rend="smallcaps">B.C.</hi> a similar grant takes the form +<pb n="097"/><anchor id="Pg097"/> +of so many plethra as a patrimony or ever. Sometimes, +as at Sparta in the second century <hi rend="smallcaps">B.C.</hi>, the +estate was allotted to the newly-made citizen only on +condition of residence within the borders of the +State.<note place="foot"><p>See inscriptions quoted in +<hi rend='italic'>Mittheilungen Athen.</hi> vol. 9, pt. 1, +p. 60. εὐεργέτῃ γενομενῳ τῆς πόλεως δοῦναι πολιτείαν, κλῆρον ἐν +τῷ πεδίῳ, οἰκίην, κῆπον κυάμων διηκοσίων ἀμφορέων, ἀτέλειαν ... +αὐτῷ καὶ ἐκγόνοις. +</p> +<p> +... δοῦναι ἡμικλήριον δασείης κτήνειον (?) ἐν τῷ πεδίῳ, οἰκίην, +κῆπον κυάμων ἀμφορέων ἑκατὸν, &c. ... αὐτῷ καὶ ἐκγόνοις. +</p> +<p> +Cf. <hi rend='italic'>Cauer Delect.</hi> § 221. +αὐτοῖ καὶ ἐκγόνοις, καὶ ἔγκτησιν γᾶς +καὶ οἰκίας καὶ ἐπινομίας, &c. ... +and § 232. +</p> +<p> +<hi rend='italic'>Do.</hi> § 395 (4th cent. <hi rend="smallcaps">B.C.</hi>). So +many plethra each ἔχειν πατρουέαν +τὸμ πάντα χρόνον. +</p> +<p> +<hi rend='italic'>Do.</hi> § 27. The importance of +the grant of ἔγκτησις must lie in +its being the evidence of admission +to full privilege. <hi rend='italic'>V. infra</hi>, p. 139. +</p></note> +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 3. The Householder In India: The Guest.</head> + +<p> +<note place="margin">Dependence of sons during their father's life.</note> +Sir Henry S. Maine in his <hi rend='italic'>Early Law and +Custom</hi><note place="foot">p. 122, note <hi rend="smallcaps">A</hi>.</note> +quotes Narada in illustration of the composition +of the early Indian family. A son <q>is of age and +independent in case his parents be dead: during +their lifetime he is dependent, even though he be +grown old.</q> +</p> + +<p> +Further information on this subject is afforded by +the Ordinances of Manu, where the position of the +first-born with regard to his younger brothers is +given at some length.<note place="foot"><hi rend='italic'>Manu</hi>, ix. 104-106.</note> +</p> + +<quote rend="display"> +<note place="margin">His property divided amongst them at his +death.</note> +<q rend="pre">After both the father and the mother (are dead), the brothers, +having come together, should divide the paternal inheritance: for +while the two (parents) are alive the (sons) have no power (over the +property).</q> +</quote> + +<quote rend="display"> +<q>Now the eldest (or best) alone may take the paternal property +<pb n="098"/><anchor id="Pg098"/> +without leaving anything, and the remaining (brothers) may live +<emph>supported by him</emph> just as (if he were their) +father.</q><note place="foot">iv. 184. <q>An elder brother is equal to a +father.</q></note> +</quote> + +<quote rend="display"> +<note place="margin">But special respect shown to the eldest son.</note> +<q>By means of the eldest (son) as soon as he is born a man +becomes possessed of a son, and is thus cleared of his debts +towards the manes; therefore this (eldest son) deserves the whole +(inheritance).</q> +</quote> + +<p> +Likewise: <q>If among brothers born of one father, +one should have a son, Manu said <emph>all those brothers</emph> +would be possessed of sons by means of that son.</q><note place="foot">ix. 182.</note> +But this seems to apply only to the son born to the +eldest, for if a younger brother married before the +eldest and performed the daily sacrifices, he sent +himself, his brother, and his wife <q>to Hell.</q><note place="foot">iii. 171-2.</note> +</p> + +<p> +The eldest, if he performs his duty, <q>causes the +family to flourish</q> and <q>is most honoured among +men.</q> He alone is <q>duty-born,</q> through him his +father <q>pays his debt</q>; other sons are only <q>born of +desire.</q> As long as his conduct is befitting, he must be +honoured <q>like a father, like a mother,</q> but if not, he +only receives the respect of an ordinary relative.<note place="foot">ix. 110 and +213.</note> +</p> + +<p> +The brothers may live together in this way,<note place="foot">ix. 111.</note> but +if they divide and live apart, the separate ceremonies +necessitated by their separate households will +multiply the performance of religious duties, to the +advantage of all. +</p> + +<p> +<note place="margin">The duties of the householder.</note> +The title of <emph>Householder</emph>, moreover, was more +than a name. +</p> + +<quote rend="display"> +<q>As all beings depend on air, so all orders depend on the householder.</q> +</quote> + +<quote rend="display"> +<q>Because men of the three (other) orders are daily supported +by the householder alone with knowledge and with food, therefore +<pb n="099"/><anchor id="Pg099"/> +the householder (is) the chief order. That order must be upheld +strenuously by one desiring an imperishable heaven, and who here +desires perpetual happiness....</q> +</quote> + +<quote rend="display"> +<q>The seers, manes, gods, beings, and guests also make entreaty +to those heads of families for support. (This duty must, therefore,) +be done by a man of discernment.</q><note place="foot">iii. 77 +<hi rend='italic'>et seq.</hi></note> +</quote> + +<quote rend="display"> +<q>As all rivers, ... go to (their) resting-place in the ocean, so +men of all orders depend on the householder.</q><note place="foot">vi. 90.</note> +</quote> + +<quote rend="display"> +Let a householder perform the household rites +according to rule with the marriage fire and the +accomplishment of the five sacrifices and the daily +cooking. The sacrifices are:— +</quote> + +<quote rend="display"> +Teaching the Veda is the Veda sacrifice:<lb/> +Offering cakes and water is the sacrifice to the manes:<lb/> +An offering to fire (is the sacrifice) to the gods:<lb/> +Offering of food (is the sacrifice) to all beings:<lb/> +Honour to guests is the sacrifice to men. +</quote> + +<quote rend="display"> +<q>Whoever presents not food to those five, the gods, guests, +dependents, the manes, and himself, though he breathe, lives +not.</q><note place="foot">iii. 67, 70, and 72.</note> +</quote> + +<p> +<note place="margin">Honour paid to the guest.</note> +The guest takes a very high place, and his presence +is a revered addition to the family sacrifices; so much +so that it was thought necessary to state definitely +that <q>if the guest appears after the offering to all the +gods is finished, one should give him food as best one +can, but should not make (another) offering.</q><note place="foot">iii. 108.</note> +</p> + +<p> +The same virtue seems to have been considered +by the Greeks also to lie in the presence of the guest. +In Euripides' Elektra, Aigisthos, hearing from Orestes +that he and his friend are strangers, promptly invites +them to share as his ξυνέστιοι in his impending sacrifice +of a bull to the nymphs, promising to send them +on their way in the morning.<note place="foot"><hi rend='italic'>Elektra</hi>, +784.</note> +</p> + +<pb n="100"/><anchor id="Pg100"/> + +<p> +Earlier in the play during the plotting of Aigisthos' +death, it is taken for granted that directly he +sees them he will call them thus to join him at the +sacrifice and the feast.<note place="foot"><hi rend='italic'>Elektra</hi>, 637.</note> +</p> + +<p> +Alkinoos expresses the feeling of the Homeric age +when he says: +</p> + +<quote rend="display"> +<q>In a brother's place stand the stranger and the suppliant, to +him whose wits have even a little +range.</q><note place="foot"><hi rend='italic'>Od.</hi> viii. 546. ἀντὶ κασιγνήτου +ξεῖνός θ᾽ ἱκέτης τε τέτυκται ἀνέρι, ὅς τ᾽ ὀλίγον περ ἐπιψαύῃ πραπίδεσσιν.</note> +</quote> + +<p> +Nestor at Pylos, making sacrifice to Poseidon with +his sons and company, welcomes the unknown Telemachos +and Mentor to the sacrificial feast.<note place="foot"><hi rend='italic'>Od.</hi> +iii. 30-80.</note> When +the duty of feeding the guests has been satisfactorily +accomplished, he then asks them whether they are +merchants or <emph>pirates</emph>, that <q>wander over the brine at +hazard of their own lives bringing bale to alien +men!</q> +</p> + +<p> +It would appear that the virtue lay in the hospitality +of the host and not in the worthiness of the +guest, and that therefore it was worth while to run +the risk of having invited the presence of a polluted +man whose impiety in not refusing to partake would +doubtless fall on his own head. +</p> + +<p> +<note place="margin">Right of maintenance of the younger members of the family.</note> +To return to the organisation of the Indian inheritance:—The +duty of maintenance<note place="foot"><hi rend='italic'>Cf. Manu</hi>, ix. 163. <q>The +son of the body is the one and only lord of the paternal wealth: but +to do the others no harm he should afford (them something) to support +life.</q></note> of the younger +members of the family devolves upon the eldest +son at the death of his father. If the brothers are +<pb n="101"/><anchor id="Pg101"/> +all <q>perfect in their own occupations,</q> and they come +to an equal division, <q>some trifle should be given to +the elder (brother) to indicate an increased respect +for him.</q><note place="foot"><hi rend='italic'>Manu</hi>, ix. 115.</note> +Also if in division there remains over an +odd goat or sheep, or animal, it goes to the eldest +brother. +</p> + +<p> +If any brother has disgraced himself, he does not +deserve a share in the property.<note place="foot">ix. 214.</note> +</p> + +<p> +Sisters' portions are allotted out of all the +brothers' shares equally.<note place="foot">ix. 118.</note> +</p> + +<p> +Property is divided once only.<note place="foot">ix. 47.</note> But if <q>on +living together after being separated, they divide (the +inheritance) a second time, in that case the division +should be equal, (as) in that case no right of primogeniture +occurs.</q><note place="foot">ix. 210.</note> +</p> + +<p> +The father's wealth acquired during his lifetime is at +his own disposal, and need not be divided amongst his +sons.<note place="foot">ix. 209.</note> Likewise with any property acquired by the +sons.<note place="foot">ix. 208. Though viii. 416 states the contrary. <q>A wife, +<emph>son</emph>, and slave are said to be without +property: whatever property they acquire is his to whom they +(belong).</q></note> If <q>any one of the brothers, being able (to +support himself) by his own occupation, does not +desire (his share of the) property,</q> he may be excluded +from the division, but <q>something for his +support</q> should be given him to discharge his claim +of maintenance from the family at any future time.<note place="foot">ix. 207.</note> +</p> + +</div> + +<pb n="102"/><anchor id="Pg102"/> + +<div> +<index index="toc"/> +<head>§ 4. Tenure Of Land In Homer: The Κλῆρος And The Τέμενος.</head> + +<p> +<note place="margin">The βασιλεύς and his τέμενος contrasted with the +tribesman and his κλῆρος.</note> +In the Homeric poems, written, as they are, from +an aristocratic or heroic point of view, a great gulf +always exists between the royal or princely class and +the ordinary tribesmen. +</p> + +<p> +The βασιλεύς—the lion of his people<note place="foot"><hi rend='italic'>Il.</hi> +xx. 165.</note>—has his +select estate, his τέμενος, with orchards and gardens +of considerable extent; while the swarms of tribesmen +are allotted their κλῆροι in the open field, their +share in the common pasture, and depend on each +other for help in the vintage and harvest. +</p> + +<p> +<note place="margin">The possessions of the βασιλεύς.</note> +The possession of large estates and of multitudinous +flocks and herds was one of the privileges of the +chieftain or tribesman of princely rank. +</p> + +<quote rend="display"> +<q>For surely his livelihood (<hi rend='italic'>i.e.</hi> Odysseus') was great past +telling, no lord in the dark mainland had so much, nor any in Ithaka +itself; nay, not twenty men together have wealth so great, and I will +tell thee the sum thereof. Twelve herds of kine upon the mainland, +as many flocks of sheep, as many droves of swine, as many ranging +herds of goats, that his own shepherds and strangers pasture. And +ranging herds of goats, eleven in all, graze here by the extremity +of the island with trusty men to watch +them.</q><note place="foot"><hi rend='italic'>Od.</hi> xiv. 96.</note> +</quote> + +<p> +Bellerophon migrated from his own country and +settled under the patronage of the king of +Lykia.<note place="foot"><hi rend='italic'>Il.</hi> vi. 194.</note> +He married the king's daughter, and to complete his +qualification and to confirm his princely status as a +βασιλεύς of Lykia, he was allotted by the Lykians an +estate where the plain was fattest on the banks of the +<pb n="103"/><anchor id="Pg103"/> +river, consisting half of arable, half of vineyard, the +latter presumably on the slopes of the sides of the +valley.<note place="foot"><hi rend='italic'>Il.</hi> ix. 574; +<hi rend='italic'>cf.</hi> xx. 184.</note> +Besides these no doubt he had flocks and herds on the +mountains, with steadings and slaves for their protection. +It is improbable that the fattest of the plain +was unoccupied before, and it must therefore be +supposed that the system of agriculture was such as +to admit of such a partition and the consequent readjustment, +or that the dispossessed tribesmen had to +compensate themselves with land out of the common +waste. +</p> + +<p> +In somewhat similar wise Tydeus at Argos wedded +one of the daughters of Adrastos, and dwelt in a +house full of livelihood; and <q>wheatbearing ἄρουραι +enough were his, and many were his orchards of trees +apart, and many sheep were his.</q><note place="foot"><hi rend='italic'>Il.</hi> +xiv. 121.</note> +</p> + +<p> +In the description of the Shield of Achilles in the +<hi rend='italic'>Iliad</hi> a vivid contrast is drawn between the rich +harvest of the βασιλεύς and the busy toil of the +tribesmen. +</p> + +<quote rend="display"> +<q>Furthermore he set therein a τέμενος deep in corn<note place="foot">Or +<q>belonging to a <hi rend='italic'>basileus</hi>.</q></note> where +hinds (ἔριθοι) were reaping with sharp sickles in their hands ... +and among them the βασιλεύς in silence was standing at the swathe +with his staff, rejoicing in his heart.</q> +</quote> + +<p> +Meanwhile henchmen are preparing apart a great +feast for himself and his friends, and the women are +strewing much white barley to be a supper for the +hinds.<note place="foot"><p>Cf. <hi rend='italic'>Il.</hi> xi. 67. <q>As when +reapers over against each other drive their swaths through the +ploughland of a rich man of wheat and barley, and thick fall +the handfuls</q>... +</p> +<p> +This contrast is drawn by Professor Ridgeway: <hi rend='italic'>op. cit.</hi> p. 19 +<hi rend='italic'>Journal of Hellenic Studies</hi>, 1885. +</p></note> +</p> + +<pb n="104"/><anchor id="Pg104"/> + +<p> +<note place="margin">The κλῆρος of the tribesman probably +in the open fields in the plain.</note> +But in the great common field all was toil and +action; many ploughers therein drave their yokes to +and fro as they wheeled about.<note place="foot"><hi rend='italic'>Il.</hi> xviii. +541.</note> The holding of the +common tribesman was not an estate (τέμενος) cut +out of the plain, but an allotment (κλῆρος), probably +of strips as in Palestine to-day, in the open fields that +lay around the town. On the wheatbearing plain +round Troy<note place="foot"><hi rend='italic'>Il.</hi> xxi. 602.</note> +lay the stones that former men, before +the ten years' war, had used to mark the balk or +boundary of their strips (οὖρον ἀρούρης).<note place="foot">Ridgeway, +<hi rend='italic'>op. cit.</hi></note> One of +these Athena uses to hurl against Ares, who, falling +where he stood, covers seven of the <hi rend='italic'>pelethra</hi> that +the stones were used to divide. A pinnacle of stones +is the only boundary to be seen to this day between +the strips of cornland in Palestine. Easily dislodged +as these landmarks were, they were specially protected +by a curse against their removal, and were with the +Greeks under the awful shadow of a special deity of +boundaries.<note place="foot">Plato, <hi rend='italic'>Laws</hi>, 842. +<hi rend="smallcaps">E.</hi> Διὸς ὁρίου πρῶτος νόμος ὅδε εἰρήσθω; μὴ +κινείτω γῆς ὅρια μηδεὶς ... νομίσας τὸ τἀκίνητα κινεῖν τοῦτο εἶναι ... +καταφρονήσας δὲ, διτταῖς δίκαις ἔνοχος ἔστω, μιᾷ μὲν παρὰ θεῶν, +δευτέρᾳ δὲ ὑπὸ νόμου.</note> They seem however to have been liable +to considerable violation. The ass, according to +Homer, being driven along the field-way, if his skin +was thick enough, easily disregarded the expostulations +of his attendants, and made free with the growing +crop.<note place="foot"><hi rend='italic'>Il.</hi> xi. 558.</note> +Homer also describes a fight between two men +with measuring rods in the common field,<note place="foot"><hi rend='italic'>Il.</hi> +xii. 421; <hi rend='italic'>v.</hi> Ridgeway, <hi rend='italic'>op. +cit.</hi></note> and Isaeus<note place="foot">Isaeus, ix. 17-19.</note> +relates how an Athenian citizen flogged his brother in +<pb n="105"/><anchor id="Pg105"/> +a quarrel over their boundary so that he afterwards +died, whilst the neighbours, working on their land +around, were witnesses of what took place. +</p> + +<p> +Land was brought into cultivation, no doubt, as it +was wanted. Achilles contemplates that some of the +rich fields of his friends may be exceedingly remote, so +that it would be a great thing to spare the ploughman a +journey to the nearest blacksmith. And no doubt +the powerful men of the community would, by means +of their slaves or retainers, acquire additional wealth +by reclaiming lands out of the way and therefore +requiring a strong hand to protect them, which were +profitable by reason of their very fatness.<note place="foot">πίονες ἀγροί. +<hi rend='italic'>Il.</hi> xxiii. 832. <hi rend='italic'>v.</hi> Ridgeway, +<hi rend='italic'>op. cit.</hi> p. 16.</note> Such +acquisitions would not be included in the τέμενος of +the prince, the very word τέμενος implying an area of +land cut out of the cultivated land of the community, +generally described as being in the plain (πέδιον). +</p> + +<p> +<note place="margin">The βασιλεύς <q>honoured like a god with gift +of a τέμενος.</q></note> +Such allotments of land seem only to have been +made to princes and gods, but when once allotted, +remained as far as can be seen the property of their +descendants. It was a common fancy of the Homeric +prince that he was worshipped as a god, and they +often mistook each other for some deity. The godlike +Sarpedon asks his cousin Glaukos, wherefore are +they two honoured in Lykia as gods, with flesh and +full cups and a great τέμενος.<note place="foot"><hi rend='italic'>Il.</hi> xii. +313. Cf. <hi rend='italic'>Il.</hi> ix. 297. A good king also has power over +the crops, etc., to bring plenty. See <hi rend='italic'>Od.</hi> xix. 110-5. Frazer, +Golden Bough, i. 8 <hi rend='italic'>et seq.</hi></note> +</p> + +<p> +As the possession of full tribal blood was necessary +for the ownership of a κλῆρος, so princely blood +was the qualification for the enjoyment of a τέμενος. +<pb n="106"/><anchor id="Pg106"/> +The honoured individual need not be a king or overlord, +but besides his valour he must have in his veins +the all-potent blood royal, without which his privilege +was no greater than that of other rich tribesmen. +</p> + +<p> +It was not till the king of Lykia had satisfied +himself that Bellerophon was <q>the brave offspring of +a god,</q> that he gave him honour, and the Lykians +meted him out a τέμενος.<note place="foot"><hi rend='italic'>Il.</hi> vi. 191.</note> +This great τέμενος on +the banks of the Xanthos, half arable and half +vineyard, remained in the possession of his grandchildren, +Sarpedon and Glaukos, apparently still +undivided, though they were not brothers but first +cousins.<note place="foot"><hi rend='italic'>Il.</hi> xii. 313. καὶ τέμενος +νεμόμεσθα μέγα (<emph>not</emph> τεμένεα).</note> +</p> + +<p> +The king of the Phæakians had his τέμενος and +fruitful orchard near but apart from the fields and +tilled lands of his townsfolk.<note place="foot"><hi rend='italic'>Od.</hi> vi. 291-3. +Xenophon states that choice portions of land +in the territory of many neighbouring +towns were set apart for +the king of Sparta. <hi rend='italic'>Rep. Laced.</hi> +xv. 3.</note> Odysseus it seems had +more than one τέμενος.<note place="foot"><hi rend='italic'>Od.</hi> xi. 184.</note> +</p> + +<p> +<note place="margin">The τέμενος descended from father to son.</note> +Once in the <hi rend='italic'>Iliad</hi> the epithet πατρώιος is applied +to a chief's τέμενος.<note place="foot"><hi rend='italic'>Il.</hi> xx. 391, ὅθι τοι +τέμενος πατρώιόν ἐστιν.</note> According to Hesychius, +πατρώιος means <q>handed down to one's father from +his ancestors,</q><note place="foot">τὸ τοῦ πατρὸς καὶ ἀπὸ προγόνων.</note> +and Homer evidently uses the word in +this sense.<note place="foot">Vide <hi rend='italic'>Il.</hi> ii. 46 and 101-8. +Agamemnon's σκῆπτρον πατρῴιον +had been handed down to him in +succession from Thyestes, Atreus, +Pelops, Hermes, and Zeus, for +whom it had been made by +Hephaistos.</note> +</p> + +<p> +The kingship itself in Ithaka was considered as +part of Telemachos' patrimony: <q>Never may Kronion +<pb n="107"/><anchor id="Pg107"/> +make thee king in sea-girt Ithaka, which is πατρώιον +to thee by birth (γενεῇ).</q><note place="foot"><p><hi rend='italic'>Od.</hi> +i. 386. Cf. <hi rend='italic'>Od.</hi> ii. 22. +δύο δ᾽ αἰὲν ἔχον πατρώια ἔργα. +</p> +<p> +Cf. <hi rend='italic'>Od.</hi> i. 407. ποῦ δέ νύ οἱ +γενεὴ καὶ πατρὶς ἄρουρα? +</p> +<p> +Cf. <hi rend='italic'>Od.</hi> xi. 185. Telemachos +νέμεται τεμένεα of Odysseus. +</p> +<p> +Cf. <hi rend='italic'>Od.</hi> xx. 336. πατρώια +πάντα νέμηαι. +</p></note> +</p> + +<p> +But though the τέμενος and the kingship were +both equally πατρώια, they did not together constitute +an indivisible inheritance. Any one of the +blood could enjoy possession of the land, whilst the +over-lordship must necessarily descend in the eldest +or the most able line. +</p> + +<p> +In his answer to the malignant wish quoted above, +Telemachos does not speak as if he contemplated +giving up any tangible property. The bestowal of +the kingship, though due to him by inheritance +(πατρώιον) is in the hands of the gods; he means +to be master (ἄναξ) of whatsoever Odysseus his +father won for him. +</p> + +<p> +<note place="margin">Iason's claim upon his great-grandfather's estate.</note> +It is interesting to compare this choice of +Telemachos with the exactly opposite choice made by +Iason, as told by Pindar, when he came back to claim +his inheritance which had been seized in the meantime +by his second cousin, Pelias. +</p> + +<p> +He has come home, he tells Pelias, to seek his +father's ancient honour which Zeus had of old +bestowed on his great-grandfather Aiolos and his +sons. It is not for them now, being of the same +stock (ὁμόγονοι), to divide the great honour of their +forefathers with sword and javelin. He will give up +all the sheep and herds of kine, and all the fields of +late robbed from his sires, though they make fat +beyond measure the house of Pelias (τεὸν οἶκον πορσύνοντ᾽ +<pb n="108"/><anchor id="Pg108"/> +ἄγαν). But the kingly sceptre and throne of his +father must be his without wrath between them. And +Zeus, the ancestral god of them both (Ζεὺς ὁ γενέθλιος +ἀμφοτέροις), is witness to their oath.<note place="foot">Pindar, +<hi rend='italic'>Pyth.</hi> iv. 255 <hi rend='italic'>et seq.</hi></note> +</p> + +<p> +<note place="margin">Rich tribesman might hold several κλῆροι.</note> +Property in land could also be accumulated in the +hands of individuals not necessarily of princely +station. Odysseus tells a tale of how he took a wife +of <q>men with many κλῆροι</q> (πολυκλήρων ἀνθρώπων) +by reason of his valour.<note place="foot"><hi rend='italic'>Od.</hi> xiv. 211.</note> +The κλῆρος must therefore +at that time have been at any rate roughly of some +recognised area. Perhaps the tendency, so fatal to +Sparta, for the possession of the original shares or +allotments of many families to accumulate in the +hands of the powerful or rich, had already set in. In +later colonisations and assignments of new land the +κλῆροι were often equally divided,<note place="foot">Cf. <hi rend='italic'>Il.</hi> +xii. 421. περὶ ἴσης.</note> and the gift +of citizenship, as has been already mentioned, was +sometimes accompanied by a grant of a <hi rend='italic'>half-kleros</hi> +(ἡμικλήριον). Did the κλῆρος then represent in +theory an area of cultivated ground capable of sustaining +a single household? +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 5. Early Evidence <hi rend='italic'>continued</hi>: The Κλῆρος +And The Maintenance Of The οἶκος.</head> + +<p> +<note place="margin">The κλῆρος was the holding of the head of an οἶκος.</note> +There are signs in Homer of the existence, +already insisted upon for later times, of the connection +of the ownership of property with the headship +of a household. It follows that if the head of a +<pb n="109"/><anchor id="Pg109"/> +family was the only owner of land, the desire of +establishing a family and thereby preserving at the +same time the acquired property and the name of the +possessor, made the acquisition of a wife a real +necessity for the owner of land. +</p> + +<p> +Eumaios, the swineherd, says that Odysseus would +have given him a property (κτῆσις), both an οἶκος and +a κλῆρος and a shapely wife.<note place="foot"><hi rend='italic'>Od.</hi> xiv. 62.</note> +And Odysseus in one +of his many autobiographies speaks of taking a wife +as if it were the necessary sequel to coming into his +inheritance.<note place="foot"><hi rend='italic'>Od.</hi> xiv. 211.</note> +</p> + +<p> +Even Hesiod, the son of a poor settler, without +much property to keep together, if we can take +Aristotle's reading of the line, gives the necessary +outfit for a peasant farmer in occupation of a small +κλῆρος, as a house, a wife, and a plough-ox.<note place="foot">Wks. and Dys. 405. The +next line which explains that the +woman is to be slave and <emph>not</emph> a +wife is evidently a later addition. +Aristotle did not know it, and +interpreted γυνη as wife.</note> +</p> + +<p> +Aristotle quotes this line of Hesiod, in his argument +that the οἶκος was the association formed to supply +the wants of each day,<note place="foot"><hi rend='italic'>Pol.</hi> i. 2, 5-7.</note> +its members being +called by Charondas, he says, ὁμοσίπυοι (sharers in the +mealbin), and by Epimenides the Cretan ὁμόκαποι +(sharers of the same plot of ground).<note place="foot"> I am indebted to Professor +Ridgeway for the right meaning +and derivation of this word, which +stands for ὁμόκηποι, having the α +long and not short as stated in +Liddell and Scott's Dictionary. +Another reading is ὁμόκαπνοι which +would mean sharers of the smoke +or hearth.</note> And he might +have added that Pindar uses the word ὁμόκλαροι to +mean <q>twins.</q><note place="foot">Pindar, <hi rend='italic'>Nem.</hi> ix. 11.</note> +</p> + +<pb n="110"/><anchor id="Pg110"/> + +<p> +<note place="margin">and supplied the maintenance the house.</note> +A household, according to Aristotle, consisted +thus partly of human beings, partly of +property.<note place="foot"><hi rend='italic'>Œcon.</hi> i. 2. μέρη δὲ οἰκίας +ἄνθρωπός τε καὶ κτῆσίς ἐστιν. Pol. +i. 4, 1. ἡ κτῆσις μέρος τῆς οἰκίας +ἐστί.</note> +</p> + +<p> +So closely is the idea of livelihood bound up +that of the house or οἶκος, that Telemachos can say +without incongruity that his house is being <emph>eaten</emph> by +the wooers:— +</p> + +<quote rend="display"> +ἐσθίεταί μοι οἶκος, ὄλωλε δὲ πίονα +ἔργα.<note place="foot"><hi rend='italic'>Od.</hi> iv. 318.</note> +</quote> + +<p> +The sanctity shared by the hearth and its sustenance +may be illustrated by Odysseus' oath, which +occurs three times in the <hi rend='italic'>Odyssey</hi>: <q>Now be Zeus my +witness before any god, and the hospitable board and +the hearth of blameless Odysseus whereunto I am +come.</q><note place="foot"><hi rend='italic'>Od.</hi> xiv. 158; xvii. 155; xx +230. ἴστω νῦν Ζεὺς πρῶτα θεῶν +ξενίν τε τράπεζα ἱστίν τ᾽ Ὀδυσῆος +ἀμύμονος, ἥν ἀφικάνω.</note> +</p> + +<p> +<note place="margin">Force of the bond of food.</note> +When once the hospitable board had laid its +mysterious spell on the relations of host and guest, +the bond was not easily dissolved. Glaukos and +Diomedes meet <q>in the mid-space of the foes eager +to do battle,</q> fighting on opposite sides. Nevertheless +because the grandfather of one had entertained the +grandfather of the other for twenty days and they +had parted with gifts of friendship, their grandsons +refrain from battle with each other, pledge their faith, +and exchange armour as a witness to others that they +are guest-friends by inheritance (ὄφρα καὶ οἵδε γνῶσιν, +ὅτι ξεῖνοι πατρώιοι εὐχόμεθ᾽ +εἶναι).<note place="foot"><hi rend='italic'>Il.</hi> vi. 230.</note> +</p> + +<p> +If such force lay in the entertainment of a guest +for a few days, some idea can be formed of the virtue +underlying the meaning of such words as ὁμοσίπυοι +<pb n="111"/><anchor id="Pg111"/> +and ὁμόκαποι, and binding together those habitually +nourished at the same board. +</p> + +<p> +<note place="margin">The need of an established household strongly felt.</note> +If sons married during their father's lifetime +without any particular means of livelihood, they +could live under his roof and authority, forming a +great patriarchal household like that of Priam and +his married sons and daughters at Troy. But when +a household dispersed before the marriage of the sons +and the inheritance was divided amongst them, it was +deemed indispensable for them to take wives, and +each provide for the establishment of his house and +succession. This necessity is the underlying motive +of the compulsion over the only daughter left as +ἐπίκληρος to marry before a certain age, exercised by +the Archon at Athens. There the idea of the need +of a continuous family (as well as for other purposes), +to keep together the property, had grown up apparently +as a reflection, so to speak, of the obvious +importance of the property to the family for the +maintenance of itself and its ancestral rites. +</p> + +<p> +Though evidence is wanting for the <hi rend='italic'>raison d'être</hi> +of this sentiment in Homer, the existence of the +feeling can hardly be denied. +</p> + +<p> +The κλῆρος, at any rate, continued to pass from +father to son in the family of the tribesman or citizen. +Hector encourages his soldiers by reminding them +that though they themselves fall in the fight, their +children, their house (οἶκος), and their κλῆρος will be +unharmed, provided only that the enemy are driven +back.<note place="foot"><hi rend='italic'>Il.</hi> xv. 497.</note> +</p> + +<p> +The sentiment that a man was not really <q>established,</q> +<pb n="112"/><anchor id="Pg112"/> +according to the estimation of the Homeric +Greeks, until the continuity of his house was provided +for, seems to explain the two references to Telemachos +in the <hi rend='italic'>Iliad</hi>. Odysseus is twice mentioned, as Mr. +Leaf points out in his <hi rend='italic'>Companion to the +Iliad</hi>,<note place="foot">p. 75. Mr. Leaf mentions +other countries where the father takes a new name as father of his +eldest son.</note> as +the father of Telemachos, simply because it was considered +a title of honour to be named as sire of an +established house. No other mention of Telemachos +occurs in the <hi rend='italic'>Iliad</hi>. +</p> + +<p> +Failure of heirs was, as in later times, the great +disintegrating factor and danger to the continuity of +the family holdings. As long as a direct descendant +was to be found, the property was safe. +</p> + +<p> +Eurykleia comforts Penelope in her fear for the +absent Telemachos, saying:— +</p> + +<quote rend="display"> +<q>For the seed of the son of Arkeisios is not, methinks, utterly +hated by the blessed gods, but someone will haply yet remain to +possess these lofty halls and the <emph>fat fields</emph> far +away.</q><note place="foot"><p><hi rend='italic'>Od.</hi> iv. 754-7</p> +<p> +οὐ γὰρ ὀίω<lb/> +πάγχυ θεοῖς μακάρεσσι γονὴν Ἀρκεισιάδαο<lb/> +ἔχθεσθ᾽, ἀλλ᾽ ἔτι πού τις ἐπέσσεται, ὅς κεν ἔχῃσιν<lb/> +δώματα θ᾽ ὑψερεφέα καὶ ἀπόπροθι πίονας ἀγρούς. +</p> +<p> +<q>Far away</q> implies width of +sway and extent of influence; and +the protection of outlying properties +would necessitate a great +name and a strong hand.</p></note> +</quote> + +<p> +Is it by accident that she here chooses the name +of Arkeisios to describe the head of the family of +Laertes and Odysseus? He was Laertes' father, and +in Telemachos, if he was preserved alive, he would +thus have a <emph>great-grandson</emph> to represent his line in +the succession to his property. +</p> + +<p> +<note place="margin">Diversion of inheritance by death of heir a sore evil.</note> +The diversion of inheritance to any property from +<pb n="113"/><anchor id="Pg113"/> +the direct line is spoken of in Homer as a lamentable +circumstance greatly intensifying the natural grief at +the death of the direct heir. +</p> + +<quote rend="display"> +<q>Then went he after Nanthos and Thoon, sons of Phainops, +striplings both; but their father was outworn of grievous age, and +begat no other son for his possessions after him. Then Diomedes +slew them and bereft the twain of their dear life, and for their +father left only lamentation and sore distress, seeing he welcomed +them not alive returned from battle: <emph>and kinsmen divided his +substance</emph> (κτῆσις).</q><note place="foot"><hi rend='italic'>Il.</hi> +v. 151 <hi rend='italic'>et seq.</hi></note> +</quote> + +<p> +In the tumultuous times of the <hi rend='italic'>Odyssey</hi> the right +of succession must often have been interrupted by +war and violence. Possessions, not only of land, had +to be defended by the sword even during the lifetime +of the acquirer. This prompts one of the wishes of +Odysseus in his prayer at the knees of Arete:— +</p> + +<quote rend="display"> +<q>And may each one leave to his children after him his possessions +in his halls and whatever dues of honour the people have +rendered unto him.</q><note place="foot"><hi rend='italic'>Od.</hi> vii. +150.</note> +</quote> + +<p> +The same anxiety prompts his question to his +mother in Hades, to which he obtains answer:— +</p> + +<quote rend="display"> +<q>The fair honour (γέρας) that is thine no man hath yet taken, +but Telemachos holdeth in safety (thy) demesnes (τεμένεα +νέμεται).</q><note place="foot"><hi rend='italic'>Od.</hi> xi. 184. +<hi rend='italic'>Cf.</hi> xx. 336. ὄφρα σὺ μὲν (= Telemachos) χαίρων +πατρώια πάντα νέμηαι.</note> +</quote> + +<p> +<note place="margin">Naboth's vineyard bound to his family and heir.</note> +The belief in the inseparability of the ancestral +holding and the family was strong in Samaria at the +time of Ahab. The King offered Naboth another +vineyard better than his own in exchange for the one +at Jezreel near the palace, or, should he prefer it, its +worth in money. But Naboth said to Ahab, <q>The +Lord forbid it me, that I should give <emph>the inheritance +of my fathers</emph> unto thee.</q><note place="foot">1 Kings xxi 3.</note> +</p> + +<p> +Both the Hebrew narrators and the Greek translators +<pb n="114"/><anchor id="Pg114"/> +describe Ahab finally as taking the vineyard at +Naboth's death <emph>by inheritance</emph> (LXX. κληρονομεῖν), in +spite of the violence of the means of acquiring it +adopted by Jezebel. +</p> + +<p> +The limited right of the prince to alienate from +his family any part of his possessions is thus alluded +to by Ezekiel:— +</p> + +<quote rend="display"> +<q>Thus saith the Lord God; If the prince give a gift unto any of +his sons, the inheritance thereof shall be his sons'; it shall be their +possession by inheritance. But if he give a gift of his inheritance +to one of his servants, then it shall be his to the year of liberty: +after it shall return to the prince: but his inheritance shall be his +sons' for them.</q><note place="foot">Ezekiel xlvi. 16.</note> +</quote> + +</div> + +<div> +<index index="toc"/> +<head>§ 6. Early Evidence <hi rend='italic'>continued</hi>: The Τέμενος +And The Maintenance Of The Chieftain.</head> + +<p> +<note place="margin">The maintenance of the chiefs levied upon the people +under the name of gifts.</note> +It must be borne in mind that the tribal idea of +the chieftainship sanctioned the custom that the +maintenance of the chieftain and his companions or +retainers should be levied at will upon the property +of the people. This privilege is very wide spread, +and had its origin in the earliest times. +</p> + +<p> +The levies were claimed under the name of <emph>gifts</emph>, +and earned for the princes the title of δωροφάγοι. +As Telemachos declares, <q>it is no bad thing to be a +βασιλεύς, and quickly does his house become rich and +he himself most honoured.</q><note place="foot"><hi rend='italic'>Od.</hi> i. +392.</note> +</p> + +<p> +The royal family and nobles<note place="foot">βασιλεύς in Homer means +<q>prince</q> and is applied to a class, +not a single chieftain. <hi rend='italic'>Il.</hi> xii. 319 +of Sarpedon and Glaukos. <hi rend='italic'>Il.</hi> iv. +96 of Paris. <hi rend='italic'>Od.</hi> i. 394 of the +Ithakans. <hi rend='italic'>Od.</hi> viii. 41 and 390 +of the Phaeakians. <hi rend='italic'>Cf.</hi></note> levied contributions +on their own or conquered peoples apparently at will +<pb n="115"/><anchor id="Pg115"/> +in Homer. Agamemnon calls together the Greek +chiefs:— +</p> + +<quote rend="display"> +<q>Ye leaders and counsellors of the Argives ... who drink +at the public cost (δήμια πίνουσιν) and each command an host +(σημαίνουσιν ἕκαστος λαοῖς).</q><note place="foot"><hi rend='italic'>Il.</hi> +xvii. 250.</note> +</quote> + +<p> +Priam chides his sons:— +</p> + +<quote rend="display"> +<q>Ye plunderers of your own people's sheep and kids (ἀρνῶν +ἠδ᾽ ἐρίφων ἐπιδήμιοι +ἁρπακτῆρες).</q><note place="foot"><hi rend='italic'>Il.</hi> xxiv. 262.</note> +</quote> + +<p> +Telemachos declares that if the wooers eat up all +his sheep and substance, he will go through the city +(κατὰ ἅστυ) claiming chattels until all be +restored.<note place="foot"><hi rend='italic'>Od.</hi> ii. 74.</note> +</p> + +<p> +Alkinoos proposes to give gifts to Odysseus, and +they themselves going amongst the people (ἀγειρόμενοι +κατὰ δῆμον) will recompense themselves: <q>for +hard it were for one man to give without +return.</q><note place="foot"><hi rend='italic'>Od.</hi> xiii. 13.</note> +</p> + +<quote rend="display"> +<q>Then I led him to the house,</q> says Odysseus, <q>and gave him +good entertainment ... out of the plenty in my house, and for the +rest of his company ... I gathered and gave barley meal and dark +wine from the people (δημόθεν) and oxen to sacrifice to his heart's +desire.</q><note place="foot"><hi rend='italic'>Od</hi>. xix. 195.</note> +</quote> + +<p> +<note place="margin">The right to receive such <q>gifts</q> +could be transferred to another.</note> +These passages throw light on Agamemnon's +offer to Achilles of seven well-peopled towns, whose +inhabitants would enrich him with plenteous +gifts.<note place="foot"><hi rend='italic'>Il.</hi> ix. 291. Cf. +<hi rend='italic'>Il.</hi> ix. 483. Peleus enriched Phoinix, and gave +him much people (πολὺν λαόν) to be ἄναξ over.</note> +The proposal of Menelaos to empty a city <emph>of Argos,</emph> +to accommodate Odysseus and his people, seems to +be of quite a different order, and betrays to us that +the tyranny of the tribal chieftain, so conspicuous +in other nations, was no less a reality also amongst the +Greeks under Achaian rule.<note place="foot"><hi rend='italic'>Od.</hi> iv. 174.</note> +</p> + +<p> +<note place="margin">In India the chief of a town might receive the +king's supplies.</note> +In the Indian society that was regulated in +<pb n="116"/><anchor id="Pg116"/> +accordance with the <hi rend='italic'>Ordinances of Manu</hi>, the king +appointed a chief of a town whose duty it was to +report to the higher officials on any <q>evil arising in +the town.</q> He likewise represented the king, and +had the king's right to receive supplies from those +under his oversight. +</p> + +<quote rend="display"> +<q>What food, drink, (and) fuel are to be <emph>daily</emph> given by the +inhabitants of a town to the king let the head of a town +take,</q><note place="foot"><hi rend='italic'>Manu</hi>, vii. 118.</note> +</quote> + +<p> +the line always being drawn between legitimate +demands and tyrannical extortion. +</p> + +<quote rend="display"> +<q>For those servants appointed by the king for protection (are) +mostly takers of the property of others (and) cheats; from them he +(<hi rend='italic'>i.e.</hi> the king) should protect these +people.</q><note place="foot">vii. 123.</note> +</quote> + +<p> +<note place="margin">The maintenance of the Great King,</note> +Under the rule of the Persians, all Asia was +parcelled out in such a way as to supply maintenance +(τροφή) for the Great King and his host throughout +the whole year.<note place="foot">Herod, i. 192.</note> +The satrap of Assyria kept at one +time so great a number of Indian hounds, that four +large villages of the plain were exempted from all +other charges on condition of finding them +food.<note place="foot"><hi rend='italic'>Ibid.</hi></note> +</p> + +<p> +<note place="margin">and of Solomon.</note> +Solomon's table was provided after the same +method. +</p> + +<quote rend="display"> +<q>And Solomon had twelve officers over all Israel which provided +victuals for the king and his household; each man his month +in a year made provision.... And Solomon's provision for one +day was thirty measures of fine flour and threescore measures of +meal, ten fat oxen and twenty oxen out of the pastures and an +hundred sheep, beside harts, and roebucks, and fallowdeer, and +fatted fowl.... And Solomon reigned over all kingdoms from the +river unto the land of the Philistines, and unto the border of +Egypt; they brought presents, and served Solomon all the days of +his life.... And those officers provided victual for king Solomon, +and for all that came unto king Solomon's table, every man according +to his charge.</q><note place="foot">1 Kings iv. 7-27. One of +these officers was over <q>threescore +great cities with walls and brazen +bars.</q></note> +</quote> + +<pb n="117"/><anchor id="Pg117"/> + +<p> +<note place="margin">Revenue from land in ancient Egypt.</note> +Sesostris is said to have obtained his revenue +from the holders of κλῆροι in Egypt in proportion to +the amount of land in each man's occupation;<note place="foot">Herod. ii. 109.</note> and +Pharaoh, having bought all the land at the time +of the famine in Egypt except that which supported +the priests, took one-fifth of all the produce, leaving +the remainder <q>for seed of the field,</q> and for the food +of the cultivators, and their households and little +ones. <q>And Joseph made it a law over the land of +Egypt unto this day, that Pharaoh should have the +fifth part, except the land of the priests only, which +became not Pharaoh's.</q><note place="foot">Genes. xlvii. 26.</note> +</p> + +<p> +In this case Pharaoh became proprietor by purchase +of the land in Egypt. But it must not be +supposed that by exacting a payment from the +occupier, the overlord as a rule had any power over +the ownership of the soil. He no doubt had proprietary +rights over his own estate, and may or may +not have had power to regulate any further distribution +of the waste. But the right of receiving +dues, or of appointing another to receive them, +gave him no power over the actual tillage of the +soil. +</p> + +<p> +<note place="margin">Grants of land to the prince easily made, in their +elastic system of agriculture.</note> +The maintenance of the prince was a first charge +apparently upon the property of his subjects; and +it is easy to see how the lion's share would always +be allotted to him, alike of booty as of acquired +territory. As long as the community was pastoral, +it is also easy to imagine how the chief both increased +his own wealth and admitted favoured companions or +resident strangers to a share in the elastic area of +<pb n="118"/><anchor id="Pg118"/> +the common pasturage. After agriculture had +assumed equal importance in the economy of the +tribe as the tending of flocks and herds, one is apt +to forget that for centuries—perhaps for thousands +of years—the system of agriculture that grew up, +still possessed much of the elasticity of the old +pastoral methods. Under the open field system, +such a custom as that described by Tacitus and in +the Welsh Laws, viz. of ploughing up out of the +pasture or waste sufficient to admit of each tribesman +having his due allotment, and letting it lie waste +again the next year, admitted of considerable readjustment +to meet the exigencies of declining population, +as well as providing an easy means whereby +any stranger prince, like Bellerophon, who might be +admitted to the tribe, could be allotted either a +τέμενος apart, or a κλῆρος in the open plain. +</p> + +<p> +Pindar describes this method of cultivation when +he says:— +</p> + +<quote rend="display"> +<q>Fruitful fields in turn now yield to man his yearly bread +upon the plains, and now again they pause and gather back their +strength.</q><note place="foot">Pind. <hi rend='italic'>Nem.</hi> vi. 11 (Trans. Myers), +<hi rend='italic'>cf.</hi> Ridgeway, <hi rend='italic'>op. cit.</hi> p. 20.</note> +</quote> + +<p> +<note place="margin">Such grants were a special honour, and served +to relieve other contributions.</note> +It is noticeable that the Aetolians offered +Meleagros a τέμενος in the fattest part of the plain, +wherever he might choose, as a <emph>gift</emph> (δῶρον); and as +the τέμενος would certainly be cultivated by slave or +hired labour, what they really gave him was the +right of receiving the produce from the 50 <hi rend='italic'>guai</hi> +composing the τέμενος. But this gift was meant as a +special honour or bribe, and took a special form in +being in land as a means of permanent enrichment. +</p> + +<pb n="119"/><anchor id="Pg119"/> + +<p> +In similar wise Ezekiel suggested the capitalisation, +as it were, by a gift of land of the contributions +to the princes, which no doubt were felt to be very +irksome. In the division of the land, a portion was +to be set aside first for the use of the temple and +priests, then a portion for the prince. +</p> + +<quote rend="display"> +<q>In the land shall be his possession in Israel, and my princes +shall no more oppress my people; and the rest of the land shall +they give to the house of Israel according to their tribes. Thus +saith the Lord God, Let it suffice you, O princes of Israel; remove +violence and spoil and execute judgment and justice, and take +away your exactions from my people, saith the Lord God.</q><note place="foot">Ezekiel +xlv. 8, 9.</note> +</quote> + +<p> +And again:— +</p> + +<quote rend="display"> +<q>Moreover the prince shall not take of the people's inheritance +by oppression, to thrust them out of their possession; but he +shall give his sons inheritance out of his own possession; that my +people be not scattered every man from his possession.</q><note place="foot">Ez. +xlvi. 18.</note> +</quote> + +<p> +But there can be no doubt, that although the +prince may have had no power to dislodge any of the +free tribesmen of his own people from their holdings, +yet no one could gainsay him if he chose to enrich +himself by planting or reclaiming any part of his +domains, as Laertes is represented as having +done.<note place="foot"><hi rend='italic'>Od.</hi> xxiv. 207.</note> +</p> + +<p> +<note place="margin">Modern specimens of the elasticity of Greek methods.</note> +The modern usage in Boeotia and in the island of +Euboea may very well represent the procedure of +ancient times, and if it can be imagined that some +method of the same sort was in vogue in Boeotia in +the time of Hesiod, it will be understood how possible +it was for Hesiod's father to settle at Askra and +gradually to acquire possession of a house and κλῆρος. +</p> + +<pb n="120"/><anchor id="Pg120"/> + +<quote rend="display"> +<q>There is some cultivation from Plataea to Thebes, but strangely +alternating with wilderness. We were told that the people have +plenty of spare land, and not caring to labour for its artificial +improvement, till a piece of ground once, and then let it lie fallow +for a season or two. The natural richness of the Boeotian soil thus +supplies them with ample crops. But it is strange to think how +impossible it is, even in these rich and favoured plains, to induce +a fuller population.</q><note place="foot">Mahaffy, <hi rend='italic'>Rambles in +Greece</hi>, 3rd ed. p. 200.</note> +</quote> + +<p> +At Achmetaga, in Euboea, +</p> + +<quote rend="display"> +<q>The folk pay for their houses a nominal rental of a bushel of +wheat per annum, in order to secure the owner's proprietary claim, +which would otherwise pass to the occupier by squatter's right +after thirty years of unmolested occupation. They are at liberty +to cultivate pretty well as much land as they care to, paying to the +landlord one-third in kind.... The produce here is almost +exclusively wheat or maize, but every family maintains a plot of +vineyard for home consumption.</q><note place="foot">Rennell Rodd's +<hi rend='italic'>Customs and Lore of Modern Greece</hi>, p. 58.</note> +</quote> + +<p> +<note place="margin">The gifts to the prince not actually food-rents +for the land.</note> +Whether the free tribesman ever looked upon the +contribution he made to the maintenance of the +princes, under whose protection he had the privilege +of living, as a condition of tenure of his land, is open +to doubt; but from the right to demand indiscriminate +gifts, to confiscate or eject in case of refusal, it is +only one step to the exaction of a regular food-rent as +a return for the occupation of land. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 7. Summary Of The Early Evidence.</head> + +<p> +It may be useful here briefly to summarise the +results of the inquiry of the last three sections into +the relation of the ownership of land to the structure +of society in Homer and in early times. +</p> + +<pb n="121"/><anchor id="Pg121"/> + +<p> +<note place="margin">The chief's land apart from the tribesmen's.</note> +the princes had their compact estates divided off +from the other land of the community, so that a +passer-by could point and say, <q>There is the king's +τέμενος.</q><note place="foot"><hi rend='italic'>Od.</hi> vi. 293.</note> +The ordinary tribesman on the other hand +had a share in the common fields under cultivation, +probably consisting of a number of scattered pieces of +land lying mixed up with those of others, and therefore +only referred to on the face of the land, under +the comprehensive terms ἀγροὶ καὶ ἔργα +ἀνθρώπων.<note place="foot"><hi rend='italic'>Ib.</hi> 259.</note> +</p> + +<p> +This share of the tribesman was, as in later times, +called a κλῆρος, it being possible for a man to enjoy +several such holdings and deserve the epithet +πολύκληρος, whilst the lowest class of freemen consisted +of those who possessed no land, under the +ignominious title of ἄκληρος. +</p> + +<p> +<note place="margin">The land sustained the householder in his duties to other +members and guests.</note> +The κλῆρος, descending from father to son, was +apparently connected with the οἶκος or household, +and supplied its maintenance. The οἶκος grew fat or +was consumed in accordance with the capacity of its +head, and its continuity was regarded as a matter of the +utmost importance. Its members were bound together +at their ancestral hearth by mutual ties of common +maintenance. The sanctity of thus sharing the same +loaf extended also to guests, whose relations to their +hosts might last for several generations. It is the +necessity of supplying the οἶκος and its dependents +with the means of sustenance and hospitality among +a pastoral people gradually adapting themselves to +agriculture, that regulates the tenure of land and the +duties of the householder. +</p> + +<p> +<note place="margin">The chief had the right to demand gifts from the people;</note> +The power of the chieftain to draw upon the resources +<pb n="122"/><anchor id="Pg122"/> +of his people for the entertainment of his +household and his guests by exactions payable in kind, +supplemented by the power he also seems to have +possessed to transfer at will the right of receiving +these <q>gifts</q> to any one he chose, seems to contain +the germs of the more complicated system of food-rents +as a condition of land tenure, which is so important +a feature of the Celtic tribal arrangements. +</p> + +<p> +<note place="margin">he had tribal right to a τέμενος, as the tribesman to +a κλῆρος,</note> +Inasmuch as the prince was a member of the tribe, +he was entitled to an allotment in the land under +cultivation, the very word κλῆρος implying the +equal right of all members of the tribe to a share in +the soil. But inasmuch as the prince possessed +blood royal and claimed his descent from the very +gods that the tribesmen worshipped, his dignity was +above partaking with his tribesmen of a κλῆρος in +the common fields. He was therefore allotted a +τέμενος apart, and worthy of his divine parentage. +Besides the bare single allotment of the τέμενος, land +was set apart for him as a gift of honour by the +people, from whom honour and gifts to their prince +were due. Gifts in land formed a special mark of +honour, and may at the same time have served +another purpose from the giver's point of view by way +of a permanent source of income or endowment, as it +were, whereby the continuous exactions towards the +maintenance of the prince from the lands of the +people might tend to be alleviated. Thus much of +power over the property of his inferiors he undoubtedly +retained, and he probably cultivated what +he liked of the outlying lands under his sway. +</p> + +<p> +<note place="margin">but could not deprive the tribesman of his land.</note> +But the evidence does not show that he ever had +the right of coming between the οἶκος of his tribesmen +<pb n="123"/><anchor id="Pg123"/> +and their κλῆρος: the only means at his disposal +of severing the link between the family and the +land, were those employed by Ahab and Jezebel to +acquire the <q>inheritance</q> of the ancestral vineyard of +Naboth at Jezreel. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 8. Hesiod And His Κλήρος.</head> + +<p> +In the time of Hesiod, the κλῆρος<note place="foot">The κλῆρος is spoken of as +capable of good cultivation by means of a yoke of oxen.</note> could be sold in +case of need and added to the possession of another. +</p> + +<p> +<note place="margin">Hesiod an immigrant: not a typical case of a family.</note> +But the case of Hesiod is in itself somewhat +exceptional. His father had fled from his own country +by stress of poverty, and settled on the barren +land of Askra in Boeotia, where he was allowed to +acquire some land.<note place="foot"><hi rend='italic'>Works and Days</hi> 637. +Possession of land would presuppose admission to full civic rights. <hi rend='italic'>V. +supra</hi>, p. <ref target="Pg097">97</ref>.</note> He was therefore somewhat of a +sojourner (the μετανάστης of Homer),<note place="foot"><hi rend='italic'>Il.</hi> ix. +648; xvi. 59.</note> and, true to the +Homeric doctrine, was unencumbered by the claims of +kindred. Hesiod contrasts the ready help of the +neighbour with the perfunctory slowness of the +kinsman, duty-bound. The neighbour, he says, is +prompted by the need of mutual protection of +material property, the kinsman stays to bind on his +sandals and gird his loins for the labour he is forbidden +to shirk.<note place="foot"><hi rend='italic'>W. and D.</hi> 345 &c. γείτονες +ἄζωστοι ἔκιον, ζώσαντο δὲ πηοί.</note> +</p> + +<p> +Hesiod and his brother Perses had divided the +κλῆρος of their father into two, and lived apart. +Perses had squandered his half, and spent his time +<pb n="124"/><anchor id="Pg124"/> +and his livelihood in the gay life of the town, but +none the less seems to have expected to be allowed to +draw still further on the resources of the paternal +property, to the distress of his industrious brother. +</p> + +<p> +Hesiod does not contemplate any possible means +of making a living other than by tilling the soil; +and his quaint ideas may be taken as typical of the +small Boeotian peasant-farmer, allowance being +made for the short time that his family had held land +at Askra. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 9. Survivals Of Family Land In Later Times.</head> + +<p> +<note place="margin">Land was in theory inalienable from the family.</note> +In later Greek writers it is several times stated that +the κλῆροι or ἀρχαῖαι μοῖραι were inalienable. Yet +all remark to what a deplorable extent the alienation +and accumulation of land into few hands had been +carried. Aristotle comments on the excellence of the +ancient law, at one time prevalent in many cities, +against the sale of the original κλῆροι, and the good +purpose therein of making every one cultivate his own +moderate-sized holding.<note place="foot">Arist. <hi rend='italic'>Pol.</hi> +VIII. ii. 5. ἦν δὲ τό γε ἀρχαῖον ἐν πολλαῖς πόλεσι νενομοθετημένον μηδὲ πωλεῖν ἐχεῖναι +τοὺς πρώτους κλήρους; ἔστι δὲ καὶ ὅν λέγουσι Ὀξύλου νόμον εἶναι +τοιοῦτόν τι δυνάμενος, τὸ μὴ δανείζειν εἴς τι μέρος τῆς ὑπαρχούσης +ἑκάστῳ γῆς. Cf. <hi rend='italic'>Id.</hi> iv. 4 ὥσπερ ἐν Λοκροῖς νόμος ἐστὶ μὴ +πωλεῖν.... ἔτι δὲ τοὺς παλαιοὺς κλήρους διασῴζειν.</note> +</p> + +<p> +Innumerable passages could be quoted from the +speeches of Isaeus, referring to the law that forbade +any one to alienate by will his landed estate from his +lawful sons. Plato warns his friends that buying +and selling is desecration to the god-given +κλῆρος.<note place="foot"><hi rend='italic'>Laws</hi> 741.</note> +</p> + +<pb n="125"/><anchor id="Pg125"/> + +<quote rend="display"> +<q>Now I, as the legislator, regard you and your possessions, not +as belonging to yourselves, but as belonging to your whole family, +both past and present.</q><note place="foot"><hi rend='italic'>Laws</hi> 923.</note> +</quote> + +<p> +Plutarch and Heraclides say that the same law +against the sale of the κλῆρος existed anciently at +Sparta. +</p> + +<p> +<note place="margin">In Sparta child must be accepted by its father's +tribesmen,</note> +Plutarch's evidence, late as it is, of the ancient +customs among the Spartans is worthy of further +consideration. +</p> + +<p> +In his <hi rend='italic'>Life of Agis</hi> he states that the κλῆρος +passed in succession from father to son—ἐν διαδοχαῖς +πατρὸς παιδὶ τὸν κλῆρον ἀπολείποντος—until the +Peloponnesian war. +</p> + +<p> +In his <hi rend='italic'>Life of Lycurgus</hi> he says that— +</p> + +<quote rend="display"> +<q>When a child was born, the father was not entitled to maintain +it (τρέφειν), but he took and carried it to a place called +<q>lesche,</q> where the <emph>elders of his tribesmen</emph> were sitting, who, if they +found the child pretty well grown and healthy, ordered its maintenance +(τρέφειν), allotting to it one of the 9,000 kleroi (κλήρων +αὐτῷ τῶν ἐνακισχιλίων +προσνείμαντες).</q><note place="foot"><hi rend='italic'>Lycurg.</hi> xvi.</note> +</quote> + +<p> +Elsewhere in Greece at the introduction of the +new-born child to the relations and friends a few +days after its birth, symbolical gifts of food were +made as the child was carried round the hearth.<note place="foot">Suidas; and +Harpocration <hi rend='italic'>s.v.</hi> ἀμφιδρόμια:—Λυσίας ἐν τῷ περὶ +τῆς ἀμβλώσεωσ, εἰ γνήσιος ὁ λόγος. ἡμέρα τις ἤγετο ἐπὶ τοῖς νεογνοῖς +παιδίοις, ἐν ᾗ τὸ βρέφος περὶ τὴν ἑστίαν ἔφερον τρέχοντες, καὶ ὑπὸ +τῶν οἰκείων καὶ φίλων πουλύποδας καὶ σηπίας ἐλάμβανον. Octopus is +still a staple article of food on the shores of the Mediterranean.</note> +</p> + +<p> +<note place="margin">who decided as to its maintenance.</note> +The important part of this ceremony at Sparta, +described by Plutarch, seems to be the introduction +of the infant to the elders of the tribe, and the recognition +by them of its right to maintenance, if it +<pb n="126"/><anchor id="Pg126"/> +appeared to them physically worthy of admission +to the tribe. It cannot be supposed that Plutarch +believed that vacant κλῆροι escheated, so to speak, +to the community, because he elsewhere describes +the lamentable tendency of estates to get into few +hands, which the community would in that case +surely have been able somewhat to prevent. Nor is +it likely that a κλῆρος was actually set apart for the +maintenance of each infant, who was apparently still +nourished in its father's house until seven years old, +when its education and occupations were regulated by +the State. +</p> + +<p> +Reading this passage with the other in the <hi rend='italic'>Life +of Agis</hi>, a natural inference is, that the child's right +to succeed to the property of his father only was +thereby assured to him by the elders, <hi rend='italic'>i.e.</hi> the right +on his attaining manhood to enjoy the possession +of land. This is the view taken by M. de +Coulanges;<note place="foot"><hi rend='italic'>Nouvelles Recherches</hi>, 1891, p. +63.</note> but surely there is more underlying the account of +the ceremony. What actually took place with regard +to the allotment of a κλῆρος to the infant member of +the tribe, cannot be decided here. The State at +Sparta undertook to educate all her sons after a certain +age, and gave the parent no further rights over +the child. Is there in this ceremony a transfer of +the claim for maintenance from against the head of +the household to the larger unit represented by the +elders of the tribe, irrespective of the inheritance +of the son from his father? +</p> + +<p> +It would be necessary for the adult Spartan citizen, +of the class of ὁμοιοι at any rate, to have a right to the +<pb n="127"/><anchor id="Pg127"/> +produce of some land, as otherwise it is difficult to +see how he could contribute the necessary provisions +that formed his share of maintenance at the joint +table of his <hi rend='italic'>syssition</hi>; unless indeed he drew his +allowance from his father's estate. +</p> + +<p> +<note place="margin">Maintenance derived from the κλῆρος.</note> +In any case the idea of the dependence of a +member of the tribe for sustenance upon his right +to a κλῆρος is striking; and at the same time the +evidence goes to show that his maintenance was a +claim upon a group of kinsmen at Sparta, comprising +more than the nearest relations, and was recognised +as such by them. +</p> + +<p> +<note place="margin">The family bound to their land at Athens;</note> +The link that bound the cultivators to their land +was so strong in early times at Athens, that mortgages +could apparently not be paid off by mere +transfer of the land itself; but the whole family of +the debtor went with their mortgaged property and +became enslaved to the creditor, having in future to +work the land for him at a fixed charge. +</p> + +<p> +This was the state of affairs that Solon set himself +to mend, and it is instructive that the method, he +seems to have chosen, was to loosen the tie between +the owner and his land, and, by facilitating the +transfer of land from one to another, to obviate the +necessity of taking the debtor's person with his +family into slavery on account of the debt.<note place="foot">Arist. +<hi rend='italic'>Pol. Ath.</hi> 2 and 5.</note> +</p> + +<p> +Nevertheless, in spite of the radical legislation of +Solon, the sentiment that bound the family to the +soil remained long after his time. +</p> + +<p> +<note place="margin">and in Lokris.</note> +Besides the prohibition to sell the family land +which Aristotle speaks of as prevailing in Lokris, the +<pb n="128"/><anchor id="Pg128"/> +Hypoknemidian Lokrians insisted on actual residence +on that land in the case of their colony at Naupaktos. +Though unable apparently wholly to forbid the participation +of the colonists in the ancestral rites of +their kin in Lokris, they took advantage of the prevailing +sentiment with regard to the permanence of +the family, and insisted that the continuance of the +hearth of the colonist at Naupaktos should at any +rate be considered of equal importance. +</p> + +<p> +According to an inscription of the fifth century +<hi rend="smallcaps">B.C.</hi>:— +</p> + +<quote rend="display"> +<q>The colonist has the right to return to Lokris and sacrifice +with his γένος both in the rites of his δᾶμος and his φοίνανοι for +ever. He can only return permanently without paying the re-establishment +tax if he has left ἐν τᾷ ἱστίᾳ at Naupaktos a grown-up +son or a brother. If a γένος of the colonists is left without a +representative (ἐχέπαμον) ἐν τᾷ ἱστίᾳ, the nearest of kin (ἐπάγχιστος) +in Lokris shall take the property, provided he go himself, be he +man or boy, within three months to Naupaktos. A colonist can +inherit his share of his Lokrian father's or brother's property....</q> +</quote> + +<quote rend="display"> +<q>If a magistrate deals unfairly and refuses justice, he shall be +ἄτιμος and shall lose his μέρος μετὰ οἰκιατᾶν.</q><note place="foot">Dareste, +&c, <hi rend='italic'>Recueil des Inscr. Jurid. Gr.</hi> xi.</note> +</quote> + +<p> +<note place="margin">But heirs at Athens also must first be +accepted by group of kinsmen.</note> +Though the sale of estates could be effected at +Athens in the fourth century <hi rend="smallcaps">B.C.</hi>, yet, when the +owner died without having sold, the succession +was regulated by the ancient custom. If there were +legitimate children, the inheritance to the land could +not be diverted from them, even by will;<note place="foot">Isaeus, iii. 60 and 42; +vi. 48.</note> provided +only that the children had gone through the ceremony +of being accepted and enrolled by the phratria. If +the descendant had neglected this formality, and had +failed to be recognised as a legal member of the kindred +<pb n="129"/><anchor id="Pg129"/> +or clan, he or she lost all rights to the property, +which went to the devisee or next of kin.<note place="foot">Isaeus, iii. 73 and +80.</note> The right to possess land was thus at Athens, as at Sparta, +intimately connected with the tribal organisation; +and the claim for maintenance from the paternal +estate could only lie, after full acknowledgment of the +necessary qualification had been granted by the larger +unit of relationship. +</p> + +</div> + +<div> +<index index="toc"/> +<head>§ 10. The Idea Of Family Land Applied Also To +Leasehold And Semi-Servile Tenure.</head> + +<p> +<note place="margin">Further application of the idea of family land.</note> +Attention has been drawn to the reciprocal relations +that existed between the family and its land, +and their inseparability in the minds and phraseology +of the Greeks at different times. There is a further +development however arising from this point of view, +without some notice of which the subject of the tenure +of the κλῆρος would be incomplete, and which serves to +confirm the method with which this subject has been +treated. +</p> + +<p> +Though alike in their estimation of the possession +of land as a means of livelihood and for the accumulation +of wealth, the Greeks had very different views +with respect to the place of agriculture as a worthy +occupation for a citizen. Sparta regarded it as +entirely beneath the dignity of her sons and forbade +their personal application to the cultivation of their +κλῆροι. There was at Athens, on the other hand, a +large class of citizens whose energies were entirely +devoted to the production of fruits of the earth, whilst +<pb n="130"/><anchor id="Pg130"/> +the life of a country gentleman, combined with that +of the farmer, was by no means despicable in their +eyes. +</p> + +<p> +<note place="margin">Two methods of occupation of land: (1) by owner +himself; (2) by subject population.</note> +There were mainly two methods of enjoying the +possession of a landed estate. Either the land was +cultivated by the owner himself with the help of +bought slaves or hired servants, few or many, as described +in Hesiod and the <hi rend='italic'>Oeconomics</hi> of +Xenophon;<note place="foot">Cf. <hi rend='italic'>Thuc.</hi> ii. 16 for Attica. +Such are the numerous small farmers who appear in the plays +of Aristophanes.</note> +or the owner resided in the city or a neighbouring +town, and the land was tilled by aliens or serfs +(called sometimes κλαρῶται), like the Helots of Sparta, +who paid an annual contribution from the produce +to their landlord. The serf was often attached hereditarily +to the soil in the sense of being unable to +give up his holding, but also had certain rights as +against his master, both in the matter of his own +possessions and in that he could not be sold out of +the country.<note place="foot"><hi rend='italic'>Athen.</hi> vi. 85. Βοιωτῶν +(φησὶν Ἀρχέμαχος) τῶν τὴν Ἀρναίαν κατοικισάντων οἱ μὴ ἀπάραντες εἰς +τὴν Βοιωτίαν, ἀλλ᾽ ἐμφιλοχωρήσαντες παρέδωκαν ἑαυτοὺς τοῖς Θετταλοῖς +δουλεύειν καθ᾽ ὁμολογίας, ἐφ᾽ ῴ οὔτε ἐξάξουσιν αὐτοὺς ἐκ τῆς χώρας οὔτε +ἀποκτενοῦσιν, αὐτοὶ δὲ τὴν χώραν αὐτοῖς ἐργαζόμενοι τὰς συντάξεις +ἀποδώσουσιν. <hi rend='italic'>Cf.</hi> Strabo, xii. 3, 4.</note> +</p> + +<p> +<note place="margin">At Gortyn on extinction of citizen-family the κλαρῶται +inherited.</note> +There is a passage in the Gortyn Laws that +states:—that if there are no rightful successors to +inherit the property of a deceased Gortynian, his +household's κλῆρος, <hi rend='italic'>i.e.</hi> the persons composing it, +shall inherit his property. That is to say, if a +Gortynian family died out and no legal representative +could be found, their proprietary rights were extinguished +and the κλαρῶται who lived upon the land took +all their property. This provision favours the idea +<pb n="131"/><anchor id="Pg131"/> +that at Gortyn also the citizen-population came of a +race of conquerors, who were not exactly looked upon +as ground landlords upon whose land a subject family +was settled or had been allowed to remain, but that, +whilst the relation of the κλαρῶται to their land was +of the closest if not an absolute bondage to the soil, +the proprietary rights of their superiors and masters +consisted of the conqueror's overlordship and the +power to derive their maintenance from the joint +produce of their serfs' labour and the land.<note place="foot"><p>Gortyn. v. 25. +αἱ δὲ μὴ εἶεν ἐπιβάλλοντες τᾶς ϝοικίας οἵτινες κ᾽ +ἴωντι ὁ κλᾶρος, τούτονς ἔκεν τὰ κρήματα. The words τᾶς ϝοικίας +should be taken with οἵτινες, &c, rather than with the preceding +words. οἵτινες κ᾽ ἴωντι ὁ κλᾶρος is equivalent to οἱ κλαρῶται. +</p> +<p> +See Dareste, &c, <hi rend='italic'>Inscript. +Jurid. Gr.</hi> p. 463. +</p></note> +</p> + +<p> +This comprehensive use of the word κλῆρος, as +meaning both the allotment of land and the family +who were bound to occupy it, whose labour also +created its value to its lord and master, is quite +consistent with the use of the word in reference to +the holdings of the Spartan citizens. The allotment +of a κλῆρος at Sparta evidently meant also a transference +of rights over the Helots that worked it; and +even if this further implication was not actually +included in the meaning of the word, it was so +inseparable in thought that no explanation was +necessary of the composite significance of the allotment. +</p> + +<p> +<note place="margin">Similar twofold tenure in the Athenian κληρουχίαι.</note> +The Athenians in their κληρουχίαι seem instinctively +to have combined these two methods of agriculture. +The κληροῦχοι were not colonists, who became citizens +of a new city, but they remained citizens of Athens, +holding however their κλῆροι in a remote district. +<pb n="132"/><anchor id="Pg132"/> +But the chief feature of this method of landholding +was that the owner, though remaining a citizen of +Athens and liable to the same claims from the mother +city in respect of military service, &c, as before, was +yet supposed to reside in the neighbourhood of his +new κλῆρος. This was the case, even when the land +itself was left in the hands of the conquered population +at a fixed annual charge. +</p> + +<p> +<note place="margin">Examples in Salamis,</note> +An inscription found on the Acropolis of Athens, +and relating to some date about 560 or 570 B.C., +defines the legal status of the first κληροῦχοι sent to +Salamis. They were assimilated to Athenian citizens +as to taxes and military service; but they must +reside on their land under pain of an absentee's tax +to the State.<note place="foot"><hi rend='italic'>Mittheil. Inst. Ath.</hi> ix. p. +117. The original number of κληροῦχοι in this case was apparently +five hundred.</note> +</p> + +<p> +<note place="margin">in Lesbos,</note> +In the year 427 B.C. the Athenians conquered +the island of Lesbos. They imposed no tribute on +the subjugated islanders, but, making the land into +three thousand κλῆροι <q>except the Methymnian land,</q> +they first set apart three hundred κλῆροι as sacred to +the gods, and on to the others they sent off κληροῦχοι +chosen by lot from themselves; to these the +Lesbians paid annually for each κλῆροι two minae, +and <emph>themselves worked the land</emph>.<note place="foot">Thuc. iii. 50.</note> +</p> + +<p> +According to the account of Aelian, the same +method of procedure was adopted after the conquest +of Euboea in about 510 B.C. The Athenians, having +conquered the Chalkidians, apportioned their land to +κληροῦχοι<note place="foot">κατεκληρούχησαν.</note> +in two thousand κλῆροι, <hi rend='italic'>i.e.</hi> the country +<pb n="133"/><anchor id="Pg133"/> +called Hippobotos; and, setting aside τεμένη to Athena +in the place called Lelantos, they let out<note place="foot">ἐμίσθωσαν.</note> the rest +according to the pillars that stand in the King's +Stoa, which thus bear record of the leases.<note place="foot">Aelian, +<hi rend='italic'>V. II.</hi> vi. I. <hi rend='italic'>Cf.</hi> +Herod, v. 77 and vi. 100.</note> +</p> + +<p> +<note place="margin">Each κλῆρος therefore supported two families.</note> +The holding of each κληροῦχος may have varied +in size according to the character of the soil and +features of the country; but it may safely be +asserted that it must have been of sufficient dimensions, +not only to provide subsistence for the native +population left on the soil, but also to pay a +considerable portion towards the keep of the +κληροῦχος himself, during his enforced residence in +the conquered country. +</p> + +<p> +The class of citizen from amongst whom the κληροῦχοι +were chosen by lot, did not consist of families +with much property in Athens.<note place="foot">Smith's <hi rend='italic'>Dicty. of +Antiquities</hi>, s.v. <hi rend='italic'>colonia</hi>.</note> Younger sons +without occupation, whom their fathers had not been +quite callous enough to <q>expose</q> in infancy,<note place="foot">Bekker, +<hi rend='italic'>Charicles</hi>, p. 218.</note> and +restless individuals without property in the mother +country, would be most likely to offer themselves. +And to such the two minae per annum, paid by the +Lesbians from the produce of each κλῆρος, would +appear a reasonable if not a sumptuous provision of +livelihood. There were a hundred drachmae in the +mina, and if it is true, as asserted by Plutarch,<note place="foot">Ridgeway, +<hi rend='italic'>Origin of Currency</hi>, &c., p. 324.</note> that +in the time of Solon one drachma was the price of a +sheep, a yearly income of two hundred sheep, or +their equivalent, would be forthcoming to each +<pb n="134"/><anchor id="Pg134"/> +κληροῦχος—surely a considerable contribution to the +maintenance of his family.<note place="foot">The ordinary Athenian dicast +is supposed to have subsisted largely upon his pay of three +obols or a half-drachma <hi rend='italic'>per diem</hi>.</note> +</p> + +<p> +Under these circumstances each κλῆρος served to +provide maintenance for two households—both of +whom had hereditary rights therein, though themselves +in different strata of society. Both households +also were in a sort attached to the soil, the one in +practical bondage, the other bound by law to reside +in the country wherein lay its substance, and (if we +may use the common expression of the Welsh Laws) +its privilege. +</p> + +<p> +<note place="margin">The same double ownership in leases <q>for ever.</q></note> +This double and continuous ownership was not +confined to the semi-servile tenure of lands annexed +by Athenian conquests. +</p> + +<p> +Leases to be handed down from father to son +<emph>for ever</emph>—τὸν πάντα χρόνον—subject of course to the +regular payment of the rent, seem to have been +quite usual. +</p> + +<p> +What is said to be the oldest Greek contract we +have, is of this nature.<note place="foot">Dareste, &c, <hi rend='italic'>Recueil +Inscr. Grec.</hi> p. 256 xiii.</note> It was found in Elis at +Olympia, and runs as follows:— +</p> + +<quote rend="display"> +<q>Contract with Theron and Aichmanor with regard to the land +in Salamona of eighteen plethra. Rent, twenty-two manasioi of +barley in the month Alphioios; if he omits, let them pay double. +<emph>They shall hold for ever.</emph></q><note place="foot"><p>Cauer, +<hi rend='italic'>Delectus</hi>, § 263. +</p> +<p> +Συνθέκα[ι] Θέρον[ι κ]αἰχμάνορι +πὰρ τᾶρ γᾶρ τᾶρ ἐν Σαλαμόναι, πλέθρον +ὀπτὸ καὶ δέκα. Φάρεν κριθᾶν +μανασίος δύο ταὶ ϝίκατι Ἀλφιόιο +μενόρ; αἰ δὲ λίποι, λυσάστο τό +διφυίο. Πεπάστο τόν πάντα χρόνον. +</p></note> +</quote> + +<p> +There is an instance of a proprietor of land at +Mylasa, in Karia, deliberately selling his estates to a +<pb n="135"/><anchor id="Pg135"/> +sacred community for the benefit of the god, and +receiving them again (like the Roman <hi rend='italic'>precaria</hi>) from +the trustees on perpetual lease—εἰς πατρικά—as the +patrimonial substance of his family, for himself and +his issue or whosoever should take inheritance from +him. He thus obtained a money value down in +return for his property, but bound himself and his +descendants to an annual rent of so many drachmae, +to form part of the revenues of the god. Moreover +his <q>family-land</q> in this case was apparently more +inalienable now than before; for he might neither +divide the land henceforth, nor share the responsibility +for the rent with another.<note place="foot"><p>Dareste, &c, +<hi rend='italic'>Inscr. Jurid. Grec.</hi> xiii. quater. (Mylasa in +Karia. Second century <hi rend="smallcaps">B.C.</hi>) +<hi rend='italic'>summarised:</hi>— +</p> +<p> +A. The tribe (φυλή) of the +Otorkondeis at the advice of their +treasurers and led by the priest of +Artemis, decide to purchase from +Thraseas, son of Polites son of +Melas of Grab ... and adopted +son of Heracleitos son of Heracleides +of Ogonda, lands (γέας) in the +Ombian plain with the sixty-two +ranks of vines, three olive trees, +and all the other trees without +reserve, also lands elsewhere with +the trees without reserve for 5,000 +drachmae of light Rhodian silver, +provided that Thraseas has the +sale registered with sureties. +Moreover, Thraseas coming to the +ekklesia declared that he was ready +to manage these things: and the +sale having taken place of the said +(properties) to the trustees in the +name of the god. Thraseas himself +then and there took on lease +all the said (properties) from +the treasurers of the tribe: and +he shall hold them (εἰς πατρικά) +for his patrimony, himself and his +issue or those to whomsoever the +inheritance of his goods passes, +and he shall pay annually to the +treasurers of the tribe 100 and ... +drachmae, without fail or fraud. +</p> +<p> +B. ... all the land and trees +which Thraseas has bought from +Artemisia, daughter of Hekataios +of Ketambissos, without exception +in these places either in the +matter of the share he took in the +division with his brother or of +what he bought from Artemisia, all +for 7,000 drachmae of light silver +of Rhodes, provided that Thraseas +register the sale and give sureties. +And coming before the ekklesia +Thraseas declared that he was +prepared to manage this; and the +sale of the foregoing having taken +place to the trustees in the name +of the god, Thraseas himself then +and there took on lease all the +foregoing from the treasurers of +the tribe: and he shall hold them +(εἰς πατρικά) for his patrimony, +himself and his issue or those to +whom the inheritance passes, and +he shall pay annually to the treasurers +of the tribe 300 drachmae. +</p> +<p> +The rent forms part of the +revenues of the god. If Thraseas +gets more than two years in arrear, +the contract is annulled. +</p> +<p> +He shall not divide the land or +share the rent (οὐ παραχωρήσει δὲ +Θρασέας ἑτέρῳ οὐδενὶ.... καταμερίζων +τὰς γέας οὐδὲ καταδιελεῖ τὸν +φόρον). +</p></note> +</p> + +<pb n="136"/><anchor id="Pg136"/> + +<p> +<note place="margin">Perhaps due to the prevailing idea of the +family as a continuing unit.</note> +Do not these instances show that even leases were +included in the same category with actual ownership +of land, being embraced within the characteristic idea +that the land that contributed to the maintenance of +the family and had come to be regarded almost as +giving that family its social if not its political status, +should descend unintermittently from generation to +generation in that family, though its occupation was +subject to providing support likewise to a superior +owner and his family, whose descendants in their turn +also would demand their share in the produce? +</p> + +<p> +Is the conclusion justified that the basis of this +indomitable feeling was that the peculiar view of the +family, as consisting of a long line of past and future +representatives, precluded the individual, who happened +to be the living representative at any given +time, from taking an irresponsible position as absolute +master of the property, upon which his family had +been, was, and would be dependent? +</p> + +</div> + +</div> + +<pb n="137"/><anchor id="Pg137"/> + +<div rend="page-break-before: always"> +<index index="toc"/> +<index index="pdf"/> +<head>Chapter V. Conclusion.</head> + +<p> +<note place="margin">No final word can yet be said.</note> +In weighing the results of this essay, it +would be absurd to pretend that anything of the +nature of a last word can be said on the subject. +The process of the early development of Greek +society cannot be ascertained merely from the study +of a few survivals in historic times. The comparative +method must be carried much further +than has been attempted here, before the secrets of +antiquity can be laid bare and an authoritative +statement made. +</p> + +<p> +There would seem, however, to be at any rate +some points, of those that have come under notice, +worthy of further investigation, in so far as +they indicate that Greek society was no isolated +growth, but must be given a place in the general +development of the systems of Europe. +</p> + +<p> +<note place="margin">Explanation of the structure of the kindred to +be found in the descent of city life from earlier stage of +tribal society.</note> +It is suggested that in the continuity of city life +from an earlier stage of society under some form of +the Tribal System, can be found the only natural +explanation of the structure of the kindred at Athens +in the fourth and fifth centuries <hi rend="smallcaps">B.C.</hi> Comparison +<pb n="138"/><anchor id="Pg138"/> +with the customs of other nations,—the Hindoos, the +Welsh, and the Israelites, the last two being the most +typical examples of peoples of which we have written +records whilst still living under the tribal system—has +shown remarkable analogies in the organisation of +their inner society. +</p> + +<p> +<note place="margin">Similarity between the bond of tribal blood and +that of citizenship.</note> +The actual similarity in the sentiment which surrounded +the possession of the privileges of tribal +blood and the title to citizenship at Athens, can +hardly be exaggerated. +</p> + +<p> +<note place="margin">The threefold bond:—</note> +The foundation of the bond in either case has a +threefold aspect. The bond is one of blood, of +religion, and of maintenance. +</p> + +<p> +<note place="margin">(1) the bond of blood;</note> +The qualification for citizenship, as much as for +the tribal privilege, was a question of parentage; +and the citizen equally inherited, with his blood, +responsibilities towards the community into which +he was born, as to a larger kindred. +</p> + +<p> +<note place="margin">(2) the bond of religion;</note> +Membership of the tribe or of the city was the +only qualification, that admitted to the privilege and +duty of partaking in the public religious observances. +Tribesmen and citizens, by virtue of their privilege, +shared in the worship of the greater gods, of Hestia +in the Prytaneum, of Zeus Agoraios, and of the +Heroes or special guardians of their community; +in like manner as the member of the smaller group +of a kindred, by virtue of his blood, shared in the +worship of the Apollo Patroïos, the Zeus Herkeios or +Ktesios, and the heroes or ancestors of his family. +Inasmuch as citizenship depended upon purity of +descent, the possession of the latter qualification +carried with it the right to share in the greater +ceremonies. But the converse was equally stringent, +<pb n="139"/><anchor id="Pg139"/> +in that the possession of shrines of Apollo Patroïos +and Zeus Herkeios was impossible, unless the family +was one of those who had for many generations been +recognised as belonging to the true stock of the +community. +</p> + +<p> +<note place="margin">(3) the bond of maintenance.</note> +Inasmuch as the worship of private or public +gods consisted mainly of offerings of food, of beasts +or produce of the earth, and wine, every tribesman +or citizen must have had the means of providing his +share in the offerings, besides supporting himself and +his family. Those devoted to handicraft or merchandise +were often despised by the regular tribesman or +citizen, and sometimes therefore formed separate clans +by themselves, like the smiths in Arabia. It is not +surprising, therefore, to find that the membership of +the tribe or city should have carried with it the right +to the possession of some portion of the arable land +and of the pasture, upon which all were regarded as +being dependent. In this way the possession of land +was intimately related to the status and the duties +of the owner. It was the visible mark of his full +tribal privilege, and was the practical means of his +fulfilling his duty towards his fellows and the public +religion, as well as to the needs of his ancestors and +household. It seems also to have been believed +that, in partaking of the hospitality or sharing in +the sacrificial feast of any family, a bond was for +the time being created which was in most respects +practically equivalent to relationship by blood to +the members of that family.<note place="foot">Robertson Smith +(<hi rend='italic'>The Religion of the Semites</hi>) holds that the +object of sacrifice was thus to maintain this imaginary kinship +between the deity and the worshippers.</note> +</p> + +<pb n="140"/><anchor id="Pg140"/> + +<p> +<note place="margin">Many tribal customs survived in the +kindred and the household.</note> +Apart from the tribal character of the qualification +for citizenship, the most conservative organisation +wherein had been stereotyped the most precious of +tribal customs, was that of the kindred. +</p> + +<p> +It is suggested that the vitality of the customs +surrounding the bond of family relationship was due +to the importance attached to the religious and social +functions incumbent on all members of a household +united by kindred blood. The actions of the individual +members were constrained by their weighty +responsibilities towards the continuance and prosperity +of the composite household, in which they moved, and +apart from which their existence could not but be +altogether incomplete. +</p> + +<p> +The worship of ancestors occupied a prominent +place in the needs of the Athenian household, and, no +doubt, had a corresponding influence in the preservation +of its unity. The same of course cannot be +said for Wales, where Christianity had replaced, in the +records at any rate, whatever religious beliefs may +have existed earlier. But the grouping of the kindred +according to grades of relationship was adhered to by +the Welsh as an intrinsic part of their very conception +of a kindred; and this would point to the conclusion +that such subdivisions were due to wider needs than +can be found in any particular form of religious +belief or worship. +</p> + +<p> +<note place="margin">But these survivals mostly found in post-Homeric records.</note> +If, as has been suggested, in adhering to these +customs, the Greeks were still treading in the tracks +of their tribal ancestors, how is it that the most +convincing evidence comes from as late as the fifth +and fourth centuries <hi rend="smallcaps">B.C.</hi> and mainly from the most +highly civilised of the cities of Greece? +</p> + +<pb n="141"/><anchor id="Pg141"/> + +<p> +The <hi rend='italic'>Iliad</hi> and the <hi rend='italic'>Odyssey</hi> may perhaps be +trusted as truly portraying, so far as they go, the +manners and customs of the great period of Achaian +civilisation, known as Mycenean, which may be said +to have culminated just before the Dorian invasion. +Whence then came the public recognition of those +household ceremonies of ancestor-worship, which filled +such a large place in the life of the Athenian citizen, +and which, it has been suggested, were consciously +or unconsciously slurred over by the Homeric +poets? +</p> + +<p> +<note place="margin">They perhaps belonged to the pre-Achaian inhabitants +of Greece.</note> +Mr. Walter Leaf has already found an answer to +this question,<note place="foot"><hi rend='italic'>Companion to the Iliad</hi>, pp. +6-7.</note> viz. that these ceremonies were the +long cherished customs of the ancient Ionian or +Pelasgian inhabitants of Greece, who had formed the +substratum of society under Achaian rule, and who +only came into prominence on the removal of their +superiors at the time of the Dorian invasion. And +this continuity, underlying the superficial rule of the +Achaians, seems to be borne out by recent research +and discovery.<note place="foot">Since the foregoing chapters +were in print, I have had the benefit of seeing Herr Erwin Rohde's +admirable work, entitled <hi rend='italic'>Psyche</hi> +(Freiburg and Leipsig, 1894). His view is that the worship of Heroes +had the complete form of ancestor-worship: that, ancestors being +buried at the hearth, or in the family tomb on private ground, +death made no break in the membership of the family. And he +claims that the <hi rend='italic'>Seelencult</hi> or ancestor-worship +of the later Greeks must have been continuous from +pre-Homeric times.</note> +</p> + +<p> +The Athenians always boasted their Ionian descent, +and may well have inherited their habits with the +traditions of their origin. +</p> + +<p> +<note place="margin">But many were probably of wider parentage.</note> +But the customs reviewed in the foregoing +<pb n="142"/><anchor id="Pg142"/> +pages seem to have a wider parentage than +can be attributed to the Pelasgians alone. Spartan +customs at any rate cannot thus be accounted +for. +</p> + +<p> +<note place="margin">Comparison with the history of the Jews.</note> +In the course of argument reference has often +been made to the Jewish records in the Books of the +Old Testament, and indeed a remarkable parallel is +presented in the history of the two peoples. Both +peoples apparently reached their greatest period +about the same time. The reign of Solomon with +its gold and costly workmanship must have resembled +that of the Mycenean kings in more than similarity +of date, and outward splendour. Taking Homer +again as the courtly chronicler of the Achaian age of +gold, the Books of the Kings of both peoples are +curiously conscious of their former tribal conditions, +through which they easily trace back to the very +fountain-head of their race. +</p> + +<p> +<note place="margin">Reaction in times of distress to earlier tribal +habits by the Jews, and perhaps by the Achaians.</note> +In the period of the decay of the Jewish people +under the stress of invasion by foreign kings, strenuous +efforts were made by their prophet leaders to +purge them from the alien blood and alien influences +contracted in the careless days of their prosperity. +Their aim was to restore once more those strict tribal +habits which had served them so well at the time of +their own victorious invasion, and which still lay dormant +in their constitution. In similar wise, the period +of Achaian prosperity seems to have been followed by +a rise into prominence at any rate, if not an actual +resuscitation, of old tribal customs. +</p> + +<p> +<note place="margin">These tribal habits probably only dormant +throughout and common to all Greeks,</note> +The actual traces of tribal institutions in Homer +need not be underrated. There is much that is of a +tribal character in the Homeric chieftain in his relations +<pb n="143"/><anchor id="Pg143"/> +to his tribesmen and to their gods. Survivals +of tribal custom may also be seen in the reverence +for the guest, and the sacredness of the bond of +hospitality lasting as it did for generations; and in +the blood-feud with its deadly consequences, especially +when occurring within the tribe or kindred. Indeed +if only the Pentateuch of the Achaians could be found +in the ruins of Mycenae and added to the Homeric +Book of the Kings, would it not then probably be +evident that there was much more of a tribal nature +in the organisation of the kindreds of the Achaians +and surviving throughout the whole period of their +splendour than the aristocratic poets of the Homeric +schools allowed themselves to record? +</p> + +<p> +<note place="margin">if not practically even to all tribal systems.</note> +Although therefore nearly all our evidence of the +internal structure of the kindred among the Greeks +dates from the fifth century <hi rend="smallcaps">B.C.</hi>, the ἀγχιστεία at +Athens must not be put down as belonging merely to +that period. In the light of the close analogies to +be found in the structure of other tribal systems, +it is probable that such subdivisions of the kindred +belong to an extremely early period in the history +of the Greeks, whether as Achaians or Ionians or +Dorians. Are they not indeed necessary features of +tribal society itself wherever it is examined? +</p> + +</div> + +<pb n="145"/><anchor id="Pg145"/> + +<div> +<index index="toc"/> +<index index="pdf"/> +<head>Index.</head> + +<lg> +<l>Adoption, object of, <ref target="Pg035">35</ref>;</l> +<l rend="margin-left: 2">out of unfortunate home, <ref target="Pg036">36</ref>;</l> +<l rend="margin-left: 2">ceremony of, <ref target="Pg036">36-7</ref></l> +</lg> + +<lg> +<l><hi rend='italic'>Agora</hi>, <ref target="Pg002">2</ref>, <ref target="Pg003">3</ref></l> +</lg> + +<lg> +<anchor id="index-angisteia"/> +<l>ἀγχιστεία, <ref target="Pg032">32</ref>;</l> +<l rend="margin-left: 2">its meaning, <ref target="Pg055">55</ref>;</l> +<l rend="margin-left: 2">its limits, <ref target="Pg058">58-9</ref>;</l> +<l rend="margin-left: 2">all within it liable for bloodshed, <ref target="Pg075">75</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">its tribal origin, <ref target="Pg143">143</ref></l> +</lg> + +<lg> +<l>Ancestor-worship, <ref target="Pg010">10</ref>, <ref target="Pg140">140</ref>;</l> +<l rend="margin-left: 2">in Homer, <ref target="Pg005">5</ref>, <ref target="Pg007">7</ref>;</l> +<l rend="margin-left: 2">in Israel, <ref target="Pg008">8</ref>, <ref target="Pg009">9</ref>;</l> +<l rend="margin-left: 2">in Egypt, <ref target="Pg011">11</ref>;</l> +<l rend="margin-left: 2">pre-Homeric, <ref target="Pg141">141</ref>, <hi rend='italic'>note</hi></l> +</lg> + +<lg> +<l>ἀνεψιός see <ref target="index-angisteia">ἀγχιστεία</ref></l> +</lg> + +<lg> +<l>βασιλεύς, one of a class, <ref target="Pg107">107</ref>, <ref target="Pg114">114</ref>;</l> +<l rend="margin-left: 2">honoured like a god, <ref target="Pg105">105-6</ref>, <ref target="Pg122">122</ref>;</l> +<l rend="margin-left: 2">owned τέμενος, <ref target="Pg102">102</ref>, <ref target="Pg106">106</ref>, <ref target="Pg122">122</ref>;</l> +<l rend="margin-left: 2">influenced the seasons, <ref target="Pg105">105</ref>, <hi rend='italic'>note</hi>;</l> +<l rend="margin-left: 2">over-lordship not altogether hereditary, <ref target="Pg107">107</ref>;</l> +<l rend="margin-left: 2">levied maintenance on their people, <ref target="Pg115">115</ref>, <ref target="Pg122">122</ref>;</l> +<l rend="margin-left: 2">Solomon, <ref target="Pg116">116</ref>;</l> +<l rend="margin-left: 2">household βασιλεύς <ref target="Pg092">92</ref></l> +</lg> + +<lg> +<l>Bastard, no place in family, <ref target="Pg095">95-6</ref>;</l> +<l rend="margin-left: 2">allotment or gift for his maintenance, <ref target="Pg095">95-6</ref></l> +</lg> + +<lg> +<l>Blood, as basis of family, <ref target="Pg013">13</ref>;</l> +<l rend="margin-left: 2">of tribe, &c., <ref target="Pg004">4-5</ref>, <ref target="Pg138">138</ref>;</l> +<l rend="margin-left: 2">its purity jealously guarded, <ref target="Pg067">67</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">acquisition of, <ref target="Pg068">68</ref> <hi rend='italic'>et seq.</hi></l> +</lg> + +<lg> +<l>Blood-fine, not within the tribe or kindred, <ref target="Pg042">42-4</ref>, <ref target="Pg077">77</ref>;</l> +<l rend="margin-left: 2">in Wales, the <hi rend='italic'>galanas</hi>, <ref target="Pg078">78</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">paid by whole family, <ref target="Pg079">79</ref> <hi rend='italic'>et seq.</hi></l> +</lg> + +<lg> +<l>Bloodshed, responsibility for, <ref target="Pg042">42</ref>;</l> +<l rend="margin-left: 2">rested on ἀγχιστεία, <ref target="Pg075">75</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">within the kindred, <ref target="Pg044">44</ref>, <ref target="Pg077">77</ref></l> +</lg> + +<lg> +<anchor id="index-citizenship"/> +<l>Citizenship, admission to, <ref target="Pg071">71</ref>, <ref target="Pg096">96</ref>;</l> +<l rend="margin-left: 2">qualification for, by three descents, <ref target="Pg073">73</ref>;</l> +<l rend="margin-left: 2">basis of, <ref target="Pg138">138</ref>;</l> +<l rend="margin-left: 2">confirmed to son of stranger, <ref target="Pg071">71</ref>, <hi rend='italic'>note</hi></l> +</lg> + +<lg> +<l>ἔγκτησις, grant of, to new citizen, <ref target="Pg097">97</ref>, <hi rend='italic'>note</hi>; <ref target="Pg123">123</ref>, <hi rend='italic'>note</hi></l> +</lg> + +<lg> +<l>ἐπίκληρος, succession found through her, <ref target="Pg023">23</ref>;</l> +<l rend="margin-left: 2">she must marry next-of-kin, <ref target="Pg023">23-7</ref>;</l> +<l rend="margin-left: 2">in Gortyn laws, <ref target="Pg026">26</ref>;</l> +<l rend="margin-left: 2">where more than one, <ref target="Pg026">26</ref>;</l> +<l rend="margin-left: 2">inherited for her issue, <ref target="Pg028">28</ref>;</l> +<l rend="margin-left: 2">Ruth as, <ref target="Pg031">31</ref>, <ref target="Pg034">34</ref>;</l> +<l rend="margin-left: 2">had right of maintenance from property, <ref target="Pg023">23-4</ref></l> +</lg> + +<lg> +<l>Family (<hi rend='italic'>see</hi> <ref target="index-oikos">οἶκος</ref>), bound to the land, <ref target="Pg127">127</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">family estate in Santa Maura, <ref target="Pg086">86</ref>;</l> +<l rend="margin-left: 2">head of family, <ref target="Pg091">91</ref></l> +</lg> + +<lg> +<l>Funeral, <hi rend='italic'>see</hi> <ref target="index-sacrifices">Sacrifices</ref></l> +</lg> + +<lg> +<l>Gavelkind, in Kent, <ref target="Pg095">95</ref></l> +</lg> + +<lg> +<anchor id="index-guest"/> +<l>Guest, importance at sacrifice, <ref target="Pg099">99</ref>-100;</l> +<l rend="margin-left: 2">hereditary guestship, <ref target="Pg110">110</ref></l> +</lg> + +<pb n="146"/><anchor id="Pg146"/> + +<lg> +<l>Hearth, <ref target="Pg003">3</ref>, <ref target="Pg004">4</ref>;</l> +<l rend="margin-left: 2">as basis of the family, <ref target="Pg013">13</ref>, <ref target="Pg017">17</ref>;</l> +<l rend="margin-left: 2">in Prytaneum, <ref target="Pg004">4</ref>, <ref target="Pg015">15</ref>;</l> +<l rend="margin-left: 2">initiation of heir to, <ref target="Pg089">89</ref></l> +</lg> + +<lg> +<anchor id="index-heir"/> +<l>Heir, duties of, <ref target="Pg018">18-19</ref>, <ref target="Pg020">20</ref>;</l> +<l rend="margin-left: 2">importance of male heir, <ref target="Pg021">21-3</ref>, <ref target="Pg098">98</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">daughter's son, <ref target="Pg023">23-7</ref>;</l> +<l rend="margin-left: 2">always ranks as <emph>son</emph> of deceased, <ref target="Pg034">34</ref> <hi rend='italic'>et seq.</hi>, <ref target="Pg059">59</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">initiated to hearth, <ref target="Pg089">89</ref>;</l> +<l rend="margin-left: 2">introduced to kindred, <ref target="Pg036">36</ref>;</l> +<l rend="margin-left: 2">and to the deme, <ref target="Pg038">38-9</ref>;</l> +<l rend="margin-left: 2">importance of introduction of, <ref target="Pg041">41</ref>, <ref target="Pg125">125-8</ref>;</l> +<l rend="margin-left: 2">co-heir in Wales, <ref target="Pg051">51</ref>;</l> +<l rend="margin-left: 2">law of succession, <ref target="Pg057">57</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">disinheritance, <ref target="Pg061">61</ref>;</l> +<l rend="margin-left: 2">division among heirs, <ref target="Pg064">64</ref> <hi rend='italic'>et seq.</hi>, <ref target="Pg101">101</ref>;</l> +<l rend="margin-left: 2">Ahab's 'inheritance' of Naboth's vineyard, <ref target="Pg114">114</ref></l> +</lg> + +<lg> +<l>Hesiod, his κλῆρος, <ref target="Pg123">123</ref>;</l> +<l rend="margin-left: 2">the needs of a farmer, <ref target="Pg109">109</ref></l> +</lg> + +<lg> +<l><hi rend='italic'>Hestia</hi>, <ref target="Pg003">3</ref>, <ref target="Pg004">4</ref>, <ref target="Pg138">138</ref>;</l> +<l rend="margin-left: 2">called <q>princess,</q> <ref target="Pg013">13</ref></l> +</lg> + +<lg> +<l>Inheritance, see <ref target="index-kleros">κλῆρος</ref>, and <ref target="index-heir">Heir</ref></l> +</lg> + +<lg> +<l>Kinship, grades of, <ref target="Pg048">48</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">in India, <ref target="Pg052">52</ref>;</l> +<l rend="margin-left: 2">in Wales, <ref target="Pg049">49</ref>, <ref target="Pg067">67</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">the fourth degree, <ref target="Pg073">73</ref>, <ref target="Pg112">112</ref>;</l> +<l rend="margin-left: 2">the seventh, <ref target="Pg078">78</ref> et <hi rend='italic'>seq.</hi>;</l> +<l rend="margin-left: 2">the ninth, <ref target="Pg068">68</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">wife's relations no kin to husband but are to son, <ref target="Pg061">61</ref>, <hi rend='italic'>note</hi></l> +</lg> + +<lg> +<l>Kinsmen, duties of, <ref target="Pg018">18</ref>, <ref target="Pg042">42</ref>;</l> +<l rend="margin-left: 2">next of kin marries <q>heiress,</q> <ref target="Pg023">23-7</ref>, <ref target="Pg035">35</ref>;</l> +<l rend="margin-left: 2">his duty to redeem property in Israel, <ref target="Pg032">32</ref>, <ref target="Pg095">95</ref>;</l> +<l rend="margin-left: 2">kinsmen accept heir, <ref target="Pg036">36</ref>, <ref target="Pg041">41</ref>, <ref target="Pg125">125-7</ref>;</l> +<l rend="margin-left: 2">sanction disinheritance, <ref target="Pg061">61</ref>;</l> +<l rend="margin-left: 2">liable for bloodshed, <ref target="Pg075">75</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">Hesiod's idea of, <ref target="Pg123">123</ref></l> +</lg> + +<lg> +<l>κλαρῶται, <ref target="Pg130">130</ref></l> +</lg> + +<lg> +<anchor id="index-kleros"/> +<l>κλῆρος, its form, <ref target="Pg085">85</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">supported the οἶκος, <ref target="Pg088">88</ref> <hi rend='italic'>et seq.</hi>, <ref target="Pg110">110</ref>, <ref target="Pg121">121</ref>, <ref target="Pg127">127</ref>;</l> +<l rend="margin-left: 2">need not be divided, <ref target="Pg047">47</ref>, <ref target="Pg089">89</ref>, <ref target="Pg093">93</ref>, <ref target="Pg097">97</ref>;</l> +<l rend="margin-left: 2">no joint holding between father and sons, <ref target="Pg093">93</ref>;</l> +<l rend="margin-left: 2">sold in case of need, <ref target="Pg094">94</ref>;</l> +<l rend="margin-left: 2">in theory inalienable, <ref target="Pg094">94</ref>, <ref target="Pg113">113</ref>, <ref target="Pg124">124</ref>, <ref target="Pg127">127</ref>;</l> +<l rend="margin-left: 2">allotted to new citizen, <ref target="Pg096">96</ref>;</l> +<l rend="margin-left: 2">in Homer, <ref target="Pg102">102</ref>;</l> +<l rend="margin-left: 2">held by tribesmen, <ref target="Pg108">108</ref>;</l> +<l rend="margin-left: 2">of Hesiod, <ref target="Pg123">123</ref></l> +</lg> + +<lg> +<l>κληροῦχοι, <ref target="Pg131">131</ref> <hi rend='italic'>et seq.</hi></l> +</lg> + +<lg> +<l>Land, ownership of, proof of civic rights, <ref target="Pg083">83</ref>, <ref target="Pg096">96</ref> (<hi rend='italic'>see</hi> <ref target="index-kleros">κλῆρος</ref> and <ref target="index-temenos">τέμενος</ref>)</l> +</lg> + +<lg> +<l><hi rend='italic'>Lar</hi> = <q>lord,</q> <ref target="Pg012">12</ref>;</l> +<l rend="margin-left: 2"><hi rend='italic'>lares</hi> of king, <ref target="Pg004">4</ref></l> +</lg> + +<lg> +<l>Leases, for ever, <ref target="Pg134">134</ref>-6</l> +</lg> + +<lg> +<anchor id="index-levirate"/> +<l>Levirate, not in Greece, <ref target="Pg027">27</ref>;</l> +<l rend="margin-left: 2">in India, <ref target="Pg029">29</ref>;</l> +<l rend="margin-left: 2">in Israel, <ref target="Pg030">30</ref> <hi rend='italic'>et seq.</hi></l> +</lg> + +<lg> +<l>Maintenance of parents (<hi rend='italic'>see</hi> <ref target="index-parents">Parents</ref>);</l> +<l rend="margin-left: 2">of οἶκος, <ref target="Pg110">110</ref>;</l> +<l rend="margin-left: 2">the bond of, <ref target="Pg110">110</ref>, <ref target="Pg139">139</ref>;</l> +<l rend="margin-left: 2">of the chief, <ref target="Pg114">114</ref> <hi rend='italic'>et seq.</hi>; <ref target="Pg122">122</ref>;</l> +<l rend="margin-left: 2">in Ezekiel, <ref target="Pg119">119</ref>;</l> +<l rend="margin-left: 2">of children at Sparta, <ref target="Pg125">125</ref>;</l> +<l rend="margin-left: 2">gift of food to babe, <ref target="Pg125">125</ref>;</l> +<l rend="margin-left: 2">derived from κλῆρος, <ref target="Pg127">127</ref></l> +</lg> + +<lg> +<l><hi rend='italic'>Manes</hi>, duties to, in India, <ref target="Pg019">19</ref></l> +</lg> + +<lg> +<l>Marriage, of heiress, <ref target="Pg023">23-6</ref>;</l> +<l rend="margin-left: 2">of near relations, <ref target="Pg029">29</ref>;</l> +<l rend="margin-left: 2">of widow (<hi rend='italic'>see</hi> <ref target="index-levirate">Levirate</ref>)</l> +</lg> + +<lg> +<l><hi rend='italic'>Octopus</hi>, <ref target="Pg125">125</ref> <hi rend='italic'>note</hi></l> +</lg> + +<lg> +<anchor id="index-oikos"/> +<l>οἶκος, part of γένος, <ref target="Pg017">17</ref>;</l> +<l rend="margin-left: 2">importance of continuity of, <ref target="Pg009">9</ref>, <ref target="Pg019">19-20</ref>, <ref target="Pg030">30</ref>, <ref target="Pg035">35</ref>, <ref target="Pg111">111</ref>, <ref target="Pg128">128</ref>;</l> +<l rend="margin-left: 2">the unit of ownership of property, <ref target="Pg047">47</ref>, <ref target="Pg109">109</ref>;</l> +<l rend="margin-left: 2">extent of, <ref target="Pg054">54-6</ref>, <ref target="Pg088">88-9</ref>;</l> +<l rend="margin-left: 2">the householder in India, <ref target="Pg099">99</ref>;</l> +<l rend="margin-left: 2">supported by its land, <ref target="Pg110">110</ref>, <ref target="Pg113">113</ref>, <ref target="Pg121">121</ref>;</l> +<l rend="margin-left: 2">of Bouselos, <ref target="Pg055">55</ref>, <ref target="Pg062">62</ref>;</l> +<l rend="margin-left: 2">power of head of, <ref target="Pg091">91-2</ref></l> +</lg> + +<lg> +<l>Open field system, in Greece, <ref target="Pg085">85</ref>;</l> +<l rend="margin-left: 2">in the islands, <ref target="Pg087">87</ref>;</l> +<l rend="margin-left: 2">in Homer, <ref target="Pg088">88</ref>, <ref target="Pg104">104</ref>;</l> +<l rend="margin-left: 2">its elasticity, <ref target="Pg118">118-9</ref></l> +</lg> + +<lg> +<l><hi rend='italic'>Parage</hi>, in Normandy, an undivided tenure, <ref target="Pg050">50</ref></l> +</lg> + +<pb n="147"/><anchor id="Pg147"/> + +<lg> +<anchor id="index-parents"/> +<l>Parents, maintenance of, <ref target="Pg018">18</ref>, <ref target="Pg048">48</ref>;</l> +<l rend="margin-left: 2">after death, <ref target="Pg019">19</ref></l> +</lg> + +<lg> +<l><hi rend='italic'>Phratria</hi>, enrols legitimate sons, <ref target="Pg036">36-7</ref>;</l> +<l rend="margin-left: 2">partly responsible for bloodshed, <ref target="Pg076">76</ref></l> +</lg> + +<lg> +<l>Primogeniture, not the rule in Greece, <ref target="Pg090">90</ref>;</l> +<l rend="margin-left: 2">nor in India, <ref target="Pg097">97</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">eldest son had certain rights or dignity, <ref target="Pg090">90</ref> <hi rend='italic'>et seq.</hi>, <ref target="Pg097">97</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">called ἠθεῖος, <ref target="Pg091">91</ref>, <hi rend='italic'>note</hi></l> +</lg> + +<lg> +<l><hi rend='italic'>Prytaneum</hi>, <ref target="Pg003">3</ref>, <ref target="Pg004">4</ref>, <ref target="Pg015">15</ref>, <ref target="Pg138">138</ref></l> +</lg> + +<lg> +<l>Register, of phratria, <ref target="Pg036">36</ref>;</l> +<l rend="margin-left: 2">of deme, <ref target="Pg038">38</ref></l> +</lg> + +<lg> +<l>Ruth, as widow and ἐπίκληρος, <ref target="Pg031">31-4</ref></l> +</lg> + +<lg> +<anchor id="index-sacrifices"/> +<l>Sacrifices, object of, <ref target="Pg006">6</ref>, <ref target="Pg139">139</ref>, <hi rend='italic'>note</hi>;</l> +<l rend="margin-left: 2">to the dead, <ref target="Pg008">8</ref>, <ref target="Pg009">9-12</ref>;</l> +<l rend="margin-left: 2">of funeral cake in India, <ref target="Pg051">51</ref> <hi rend='italic'>et seq.</hi>;</l> +<l rend="margin-left: 2">funeral rites at Athens, <ref target="Pg020">20</ref>;</l> +<l rend="margin-left: 2">of householder in India, <ref target="Pg099">99</ref>;</l> +<l rend="margin-left: 2">bond of common religion, <ref target="Pg013">13</ref>, <ref target="Pg053">53</ref>, <ref target="Pg138">138</ref></l> +</lg> + +<lg> +<l>Stranger, abhorrence of, <ref target="Pg005">5</ref>, <ref target="Pg071">71</ref>, <ref target="Pg074">74</ref>;</l> +<l rend="margin-left: 2">as guest, <ref target="Pg099">99</ref> (<hi rend='italic'>see</hi> <ref target="index-guest">Guest</ref>);</l> +<l rend="margin-left: 2">admission to tribe, <ref target="Pg067">67</ref> <hi rend='italic'>et seq.</hi>, <ref target="Pg096">96</ref></l> +</lg> + +<lg> +<anchor id="index-temenos"/> +<l>τέμενος, in Homer, <ref target="Pg103">103</ref>, <ref target="Pg113">113</ref>;</l> +<l rend="margin-left: 2">allotted to princes and gods, <ref target="Pg102">102</ref>, <ref target="Pg106">106</ref>, <ref target="Pg118">118</ref>, <ref target="Pg122">122</ref>;</l> +<l rend="margin-left: 2">called πατρώιος, <ref target="Pg106">106</ref>;</l> +<l rend="margin-left: 2">helped to support prince, <ref target="Pg118">118-9</ref></l> +</lg> + +<lg> +<l>Tonsure, in Greece, <ref target="Pg039">39</ref>;</l> +<l rend="margin-left: 2">in India, <ref target="Pg040">40</ref></l> +</lg> + +<lg> +<l>Tribe, its basis one of blood, <ref target="Pg004">4-5</ref>, <ref target="Pg138">138</ref>;</l> +<l rend="margin-left: 2">possible development of, <ref target="Pg014">14-15</ref>;</l> +<l rend="margin-left: 2">admission to, <ref target="Pg068">68</ref> <hi rend='italic'>et seq.</hi>, <ref target="Pg096">96</ref> (<hi rend='italic'>and see</hi> <ref target="index-citizenship">Citizenship</ref>)</l> +</lg> + +<lg> +<l>Widow, could not inherit from husband, <ref target="Pg027">27-8</ref>;</l> +<l rend="margin-left: 2">returned to her kin or guardian, <ref target="Pg028">28</ref>;</l> +<l rend="margin-left: 2">when allowed to remain, <ref target="Pg028">28</ref>, <hi rend='italic'>note</hi>;</l> +<l rend="margin-left: 2">the case of Tamar, <ref target="Pg030">30</ref>;</l> +<l rend="margin-left: 2">of Ruth, <ref target="Pg031">31</ref> <hi rend='italic'>et seq.</hi></l> +</lg> + +<p> +THE END. +</p> + +</div> +</body> +<back rend="page-break-before: right"> + <div id="footnotes"> + <index index="toc" /> + <index index="pdf" /> + <head>Footnotes</head> + <divGen type="footnotes"/> + </div> + <div rend="page-break-before: right"> + <divGen type="pgfooter" /> + </div> +</back> +</text> +</TEI.2> diff --git a/26341-tei/images/bouselos.png b/26341-tei/images/bouselos.png Binary files differnew file mode 100644 index 0000000..b710972 --- /dev/null +++ b/26341-tei/images/bouselos.png diff --git a/26341.txt b/26341.txt new file mode 100644 index 0000000..a617698 --- /dev/null +++ b/26341.txt @@ -0,0 +1,6337 @@ +The Project Gutenberg EBook of On The Structure of Greek Tribal Society: +An Essay by Hugh E. Seebohm + + + +This eBook is for the use of anyone anywhere at no cost and with almost no +restrictions whatsoever. You may copy it, give it away or re-use it under +the terms of the Project Gutenberg License included with this eBook or +online at http://www.gutenberg.org/license + + + +Title: On The Structure of Greek Tribal Society: An Essay + +Author: Hugh E. Seebohm + +Release Date: August 18, 2008 [Ebook #26341] + +Language: English + +Character set encoding: US-ASCII + + +***START OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** + + + + + + ON THE STRUCTURE + + OF + + GREEK TRIBAL SOCIETY + + AN ESSAY + + by + + Hugh E. Seebohm + + London + + MacMillan And Co. + + And New York + + 1895. + + + + + +CONTENTS + + +Preface +Chapter I. Introductory. +Chapter II. The Meaning Of The Bond Of Kinship. + 1. The Duty Of Maintenance Of Parents During Life, And After Death At + Their Tomb. + 2. The Duty Of Providing Male Succession. + 3. The Position Of The Widow Without Child And The Duties Of An Only + Daughter. + 4. Succession Through A Married Daughter: Growth Of Adoption: + Introduction Of New Member To Kinsmen. + 5. The Liability For Bloodshed. +Chapter III. The Extent Of The Bond Of Kinship. + 1. Degrees Of Blood-Relationship; The {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + 2. Limitations In Respect Of Succession Outside The Direct Line Of + Descent. + 3. Division Amongst Heirs. + 4. Qualifications For The Recognition Of Tribal Blood. + 5. Limitations Of Liability For Bloodshed. +Chapter IV. The Relation Of The Family To The Land. + 1. The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And Its Form. + 2. The Relation Of The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} To The {~GREEK CAPITAL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 3. The Householder In India: The Guest. + 4. Tenure Of Land In Homer: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 5. Early Evidence _continued_: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 6. Early Evidence _continued_: The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The + Chieftain. + 7. Summary Of The Early Evidence. + 8. Hesiod And His {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + 9. Survivals Of Family Land In Later Times. + 10. The Idea Of Family Land Applied Also To Leasehold And + Semi-Servile Tenure. +Chapter V. Conclusion. +Index. +Footnotes + + + + + + +PREFACE + + +These notes, brief as they are, owe more than can be told to my father's +researches into the structure and methods of the Tribal System. They owe +their existence to his inspiration and encouragement. A suitable place for +them might possibly be found in an Appendix to his recently published +volume on the Structure of the Tribal System in Wales. + +In ascribing to the structure of Athenian Society a direct parentage +amongst tribal institutions, I am dealing with a subject which I feel to +be open to considerable criticism. And I am anxious that the matters +considered in this essay should be judged on their own merits, even +though, in pursuing the method adopted herein, I may have quite +inadequately laid the case before the reader. + +My thanks are due, for their ready help, to Professor W. Ridgeway, Mr. +James W. Headlam, and Mr. Henry Lee Warner, by means of whose kind +suggestions the following pages have been weeded of several of their +faults. + +It is impossible to say how much I have consciously or unconsciously +absorbed from the works of the late M. Fustel de Coulanges. His _La Cite +Antique_ and his _Nouvelles Recherches sur quelques Problemes d'Histoire_ +(1891) are stores of suggestive material for the student of Greek and +Roman customs. They are rendered all the more instructive by the charm of +his style and method. I have merely dipped a bucket into his well. + +In quoting from Homer, I have made free use of the translations of Messrs. +Lang, Leaf, and Myers of the _Iliad_, and of Messrs. Butcher and Lang of +the _Odyssey_; and I wish to make full acknowledgment here of the debt +that I owe to them. + +Some explanation seems to be needful of the method pursued in this essay +with regard to the comparison of Greek customs with those of other +countries. The selection for comparison has been entirely arbitrary. + +Wales has been chosen to bear the brunt of illustration, partly, as I have +said, because of my father's work on the Welsh Tribal System, partly +because the _Ancient Laws of Wales_ afford a peculiarly vivid glimpse into +the inner organisation of a tribal people, such as cannot be obtained +elsewhere. + +The _Ordinances of Manu_, on the other hand, are constantly quoted by +writers on Greek institutions; and, I suppose, in spite of the uncertainty +of their date, they can be taken as affording a very fair account of the +customs of a highly developed Eastern people. It would be hard, moreover, +to say where the connection of the Greeks with the East began or ended. + +The use made of the _Old Testament_ in these notes hardly needs further +remark. Of no people, in their true tribal condition before their +settlement, have we a more graphic account than of the Israelites. Their +proximity geographically to the Phoenicians, and the accounts of the +widespread fame of Solomon and the range of his commerce, at once suggest +comparison with the parallel and contemporaneous period of Achaian +history, immediately preceding the Dorian invasion, when, if we may trust +the accounts of Homer, the intercourse between the shores of the +Mediterranean must have been considerable. + +All reference to records of Roman customs has been omitted, not because +they are not related or analogous to the Greek, but because they could not +reasonably be brought within the scope of this essay. The ancestor-worship +among the Romans was so complete, and the organisation of their kindreds +so highly developed, that they deserve treatment on their own basis, and +are sufficient to form the subject of a separate volume. + +H. E. S. + +THE HERMITAGE, HITCHIN. +_July, 1895._ + +[Transcriber's Note: This e-book contains much Greek text which is often +relevant to the point of the book. In the ASCII versions of the e-book, +the Greek is transliterated into Roman letters, which do not perfectly +represent the Greek original; especially, accent and breathing marks do +not transliterate. The HTML and PDF versions contain the true Greek text +of the original book. In the ASCII e-book, the markings such as (M1) +indicate marginal notes, which were printed in the margins of the original +book, but in the e-book are transcribed at the end with the footnotes.] + + + + + +CHAPTER I. INTRODUCTORY. + + +(M1) In trying to ascertain the course of social development among the +Greeks, the inquirer is met by an initial difficulty. The Greeks were not +one great people like the Israelites, migrating into and settling in a new +country, flowing with milk and honey. Their movements were erratic and +various, and took place at very different times. Several partial +migrations are described in Homer, and others are referred to as having +taken place only a few generations back. The continuation of unsettled +life must have had the effect of giving cohesion to the individual +sections into which the Greeks were divided, in proportion as the process +of settlement was protracted and difficult. + +But in spite of divergencies caused by natural surroundings, by the +hostility or subservience of previous occupants of the soil, there are +some features of the tribal system, wherever it is examined, so inherent +in its structure as to seem almost indelible. A new civilisation was not +formed to fit into the angles of city walls. Even modification could take +place only of those customs whose roots did not strike too deeply into the +essence of the composition of tribal society. + +(M2) It is the object of these notes to try to put back in their true +setting some of the conditions prevailing, sometimes incongruously with +city life, among the Greeks in historical times, and by comparison with +analogous survivals in known tribal communities, of whose condition we +have fuller records, to establish their real historical continuity from an +earlier stage of habit and belief. + +(M3) There were three important public places necessary to every Greek +community and symbolical to the Greek mind of the very foundations of +their institutions. These were:--the _Agora_ or place of assembly, the +place of justice, and the place of religious sacrifice. From these three +sacred precincts the man who stirred up civil strife, who was at war with +his own people, cut himself off. Such an one is described in Homer as +being, by his very act, "clanless" ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}), "out-law" ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), and +"hearthless" ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}).(1) In the camp of the Greeks before Troy the +ships and huts of his followers were congregated by the hut of their chief +or leader. Each sacrificed or poured libation to his favourite or familiar +god at his own hut door.(2) But in front of Odysseus' ships, which, we are +told, were drawn up at the very centre of the camp, stood the great altar +of Zeus Panomphaios--lord of _all_ oracles--"exceeding fair."(3) "Here," +says the poet, "were _Agora_, _Themis_, and the altars of the gods." + +The Trojans held _agora_ at Priam's doors,(4) and it is noticeable that +the space in front of the chief's hut or palace was generally considered +available for such purposes as assembly, games, and so forth, just as it +was with the ancient Irish. + +(M4) In the centre of most towns of Greece(5) stood the Prytaneum or +magistrates' hall, and in the Prytaneum was the sacred hearth to which +attached such reverence that in the most solemn oaths the name of Hestia +was invoked even before that of Zeus.(6) Thucydides states that each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~} +or village of Attica had its hearth or Prytaneum of its own, but looked up +to the Hestia and Prytaneum in the city of Athens as the great centre of +their larger polity. In just the same way the lesser kindreds of a tribe +would have their sacred hearths and rites, but would look to the hearth +and person of their chief as symbolical of their tribal unity. Thucydides +also mentions how great a wrench it seemed to the Athenians to be +compelled to leave their "sacred" homes, to take refuge within the walls +of Athens from the impending invasion by the Spartans.(7) + +The word _Prytanis_ means "chieftain." It is probable that, as the duties +sacred and magisterial of the chief became disseminated among the other +officers of later civilisation, the chief's dwelling, called the +Prytaneum, acquiring vitality from the indelible superstition attaching to +the hearth within its precincts, maintained thereby its political +importance, when nothing but certain religious functions remained to its +lord and master in the office of Archon Basileus. + +(M5) Mr. Frazer, in his article in the _Journal of Philology_(8) upon the +resemblance of the Prytaneum in Greece to the Temple of Vesta in Rome, +shows that both had a direct connection with, if not an absolute origin in +the domestic hearth of the chieftain. The Lares and Penates worshipped in +the Temple of Vesta, he says, were originally the Lares and Penates of the +king, and were worshipped at his hearth, the only difference between the +hearth in the temple and the hearth in the king's house being the absence +of the royal householder.(9) + +Mr. Frazer also maintains that the reverence for the hearth and the +concentration of such reverence on the hearth of the chieftain was the +result of the difficulty of kindling a fire from rubbing sticks together, +and of the responsibility thus devolving upon the chieftain unfailingly to +provide fire for his people. Whether this was the origin or not, before +the times that come within the scope of this inquiry, the hearth had +acquired a real sanctity which had become involved in the larger idea of +it as the centre of a kindred, including on occasion the mysterious +presence also of long dead ancestors. + +(M6) The basis of tribal coherence was community of blood, actual or +supposed; the visible evidence of the possession of tribal blood was the +undisputed participation, as _one of a kindred_, in the common religious +ceremonies, from which the blood-polluted and the stranger-in-blood were +so strictly shut out.(10) It is therefore in the incidence of religious +duties, and in the qualifications of the participants, that it is +reasonable to seek survivals of true tribal sentiment. + +Although the religious life of the Greeks was always complex, there is not +to be found in Homer the broad distinction drawn afterwards between public +and private gods. It is noticeable that the later Greeks sought to draw +into their homes the beneficent influence of one or other of the greater +gods, whose protection and guidance were claimed in times of need by all +members of the household. Secondary influences, though none the less +strongly felt, were those of the past heroes of the house, sometimes only +just dead, to be propitiated at the family tombs or hearth. Anxiety on +this head, and the deeply-rooted belief in the real need to the dead of +attentions from the living, were, it will be seen, most powerful factors +in the development of Greek society. + +(M7) The worship of ancestors or household gods as such is not evident in +the visible religious exercises of the Homeric poems. But this can hardly +be a matter of surprise. The Greek chieftains mentioned in the poems are +so nearly descended from the gods themselves, are in such immediate +relation each with his guardian deity, and are so indefatigable in their +attentions thereto, that it would surely be extremely irrelevant if any of +the libations or hecatombs were perverted to any intermediate, however +heroic, ancestor from the all-powerful and ever ready divinity who was so +often also himself the boasted founder of the family.(11) + +(M8) The libations and hecatombs themselves, however, seem to serve much +the same purpose as the offerings to the _manes_ or household gods, and +relieved the luxurious craving for sustenance in the immortals, left +unsatisfied by their ethereal diet of nectar and ambrosia.(12) + +(M9) Yet it is strange that if libations and sacrifices were paid to the +dead _periodically_ at their tombs, no mention of the occurrence is to be +found in Homer. That the dead were believed to appreciate such attentions +may be gathered from the directions given by Circe to Odysseus. + + + "Then pour a drink-offering to all the dead, first with mead + ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}), and thereafter with sweet wine, and for the third + time with water, and sprinkle white meal thereon.... and promise + thou wilt offer _in thy halls_(13) a barren heifer, the best thou + hast, and fill the pyre with treasure, and wilt sacrifice apart to + Teiresias alone a black sheep without spot, the fairest of your + flock." + + +(M10) This done, the ghosts flock up to drink of the blood of the victim. +But the ghost of Elpenor, who met his death at the house of Circe by +falling from the roof in his drunken haste to join his already departed +comrades, and who had therefore received no burial at their hands, demands +no libations or sacrifices for the refreshment of his thirsty soul, but +merely burial with tears and a barrow upon the shore of the gray sea, that +his name may be remembered by men to come. + +Nestor's son elsewhere is made to remark that one must not grudge the dead +their meed of tears; for the times are so out of joint, "this is now the +only due we pay to miserable men, to cut the hair and let the tear fall +from the cheek."(14) + +Is the right conclusion then that the Homeric Greeks did not sacrifice at +the tombs of their fathers, and that the so-called ancestor-worship +prevalent later was introduced or revived under their successors? Or is it +that the aristocratic tone of the poet did not permit him to bear witness +to the intercourse with any deity besides the one great family of Olympic +gods, less venerable than a river or other personification of nature?(15) + +There exists such close family relationship amongst Homer's gods, extended +as it is also to most of his chieftains, that taking into account the +conspicuous reverence displayed towards the hearth and the respect for +seniority in age, it may perhaps be justifiable to suppose that domestic +religious observances, other than those directed to the Olympic gods, were +thought by the poet to be as much beneath his notice as the swarms of +common tribesmen who shrink and shudder in the background of the poems. + +(M11) Ancestor-worship would be as much out of place in the Old Testament; +and yet there are references in the Bible to offerings to the dead which, +unless they are held to refer only to importations from outside religions +and not to relapses in the Israelites themselves to former superstitions +of their own people, imply that the great tribal religion of the +Israelites had superseded pre-existing ceremonies of ancestor-worship. + + + Deut. xxvi. 13. "And thou shalt say before the Lord thy God, I + have brought away the hallowed things out of mine house, and also + have given them unto the Levite and the stranger, to the + fatherless and to the widow, according to all thy commandments + which thou hast commanded me: I have not transgressed thy + commandments, neither have I forgotten them: I have not eaten + thereof in my mourning, neither have I taken away ought thereof + for any unclean use, nor _given ought thereof for the dead_." + + +The transgressions of the Israelites in the wilderness are described in +the Psalms:--"They joined themselves also unto Baalpeor and _ate the +sacrifices of the dead_."(16) + +It was not necessary for an ancestor to become a god to be worthy of +worship, or to need the attentions of the living. If he was thought to +haunt tomb or hearth, and to keep his connection thus with his family in +the upper world, he required nourishment on his visits. He was also +considered to keep a jealous watch on the continuance of his fair fame +among the living. + +(M12) A close resemblance in this point lies between the Homeric poems and +the Old Testament. Though actual food and drink is not provided for the +dead, yet the stress laid on the permanence of the family, _lest the name +of the dead be cut off from his place_, is quite in keeping with the +request of Elpenor to Odysseus to insure the continuance of his name in +the memory of living men. + +It is quite possible that, as the story of the interview of Odysseus with +the dead reveals that the idea of the dead enjoying sacrifices of food and +drink was familiar at that time, even though the periodical supply of such +is not mentioned, so the existence of Laban's household gods and the +gathering of the kindred of Jesse to their family ceremony(17) may bear +witness to the presence of a survival of ancestor-worship in some +equivalent form, underlying the all-absorbing religion of the Israelites. +At this day the spirits of Abraham, Isaac, and Jacob are considered by the +Mohammedans of Hebron actually to inhabit the cave of Machpelah, and, in +the case of Isaac at any rate, to be extremely angered by any negligence +shown to their altars, either by omission of the customary ceremonies or +by admission within the sacred precinct of any stranger of alien faith. + +It must not therefore be inferred altogether that the regular +ancestor-worship so-called was of later origin amongst the Greeks, but +rather that the constitution of society did not afford it the same +prominence to the mind of Homer and perhaps his contemporaries, as it +acquired later. + +(M13) M. Fustel de Coulanges, in _La Cite Antique_, has so well +established the prevalence of ancestor-worship among the Greeks, drawing +illustration both from Indian and Roman sources, that no further instances +of its existence are needed here. + +The ceremonies however and offerings at the tombs of their fathers did not +supersede, amongst the Athenians at any rate, their worship of the Olympic +gods. The Olympic gods themselves moreover were clearly connected with +their family life. The protection of Zeus was specially claimed under the +title of {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or even {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}(18) and as {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} he received worship +upon the altar that stood in the court-yard of nearly every house in +Attica.(19) The permanent place of these gods in the homes of the people +is further denoted by the use of such epithets as {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}(20) and +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}.(21) + +(M14) The tombs, on the other hand, were not approached with the purpose +of invoking powerful aid, but rather with the intent of soothing a +troubled spirit with care and attention, and of providing it with such +nourishing refreshment as could not be procured in the regions of the +starving dead. + + + "I come, bringing to my son's sire propitiating libations, such as + are soothing to the dead, from hallowed cow white milk, sweet to + drink; the flower distiller's dew--clear honey; the virgin spring's + refreshing draught; and undefiled from its wild mother, the liquid + gladness of the time-honoured vine; also from the ever-leafy + growth of the pale green olive fragrant fruit is here, and twined + flowers, children of the teeming earth."(22) + + +(M15) The same idea of nourishment of the dead, though shared with the +other gods, determines the offerings in the Egyptian _Book of the +Dead_.(23) + + + "I live upon loaves, white wheat, beer, red wheat.... Place me + with vases of milk and wine, with cakes and loaves, and plenty of + meat in the dwelling of Anubis."(24) + + + "Grant to me the funereal food, the drinks, the oxen, the geese, + the fabrics, the incense, the oil, and all the good and pure + things upon which the gods live."(25) + + +There is one passage that almost implies that the dead retained in idea a +claim upon the produce of the land which nourished them whilst alive, or +that they had a special allotment even in the other world:-- + + + "I sit down among the very great gods of Nut. A field extends for + me; the products of the ground are for me. I eat them; I am + favoured with them; I live in plenty by them.... I am given corn + and wheat for my mouth."(26) + + +Chapter cxliv. of the _Book of the Dead_ is to be said, + + + "at the gate of every room while offering to each of them thighs + and heads of red cows, the value of seven vases; while offering + blood extracted from the heart, the value of a hundred vases; + sixteen loaves of white bread, eight round cakes, eight oval + cakes, eight broad thin cakes, eight measures of beer, and eight + of wheat, a perfumed oil-basin full of milk from a white cow, + green grass, green figs, mestem and beads of incense to be burnt." + + +Chapter cxlviii. ordains that there + + + "shall be placed offerings before them of loaves, beer, meat, + incense, funereal dishes, bringing into favour with Ra and making + that the _deceased is fed in the netherworld_." + + +(M16) In the next chapters frequent reference will be made to the +offerings to ancestors, or _manes_, among the ancient Hindoos. With them +the cake-offering to the dead became a most important symbol, uniting in a +common duty all descendants from certain ancestors within fixed degrees, +and marking them off in the matter of responsibility thereto from more +distant relations, who owed similar duty elsewhere. + +(M17) Being thus surrounded by nations that believed intensely in the need +in the dead of nourishment at the hands of their relatives on earth, it +would indeed be surprising if the Greeks were found not to share in the +belief. But the fact remains that in the earliest Greek literature it is +least conspicuous, and the gulf seems widest between the living and the +dead. Can this be laid to the charge of the artificial superstitions of a +philosophical class of poets? Or is it due to the true evolution of such +beliefs, that as long as our search touches upon the unsettled periods of +semi-migratory life, the tombs of individual members of a family being +scattered here or there wherever they meet their deaths, the offering to +the dead takes a special form, inasmuch as the solidarity of the tribe +eclipses the importance of the family as a unit, and the religious +ceremonies of the chieftain absorb the attention of the lesser members of +the tribe? + +M. de Coulanges points out that the meaning of the Latin word _Lar_ is +lord, prince or master, and that _Hestia_ was sometimes designated by the +Greeks with the similar title of mistress of the house, or princess.(27) + +If, as long as the tribe was felt to be a real unit, the religious +instincts of the tribesmen were concentrated upon the worship of their +tribal deities--the great ancestors of the tribe, and more emphatically and +directly the ancestors of their chieftain--it would be quite natural, in +the weakening of the central worship, for the titles of honour and respect +to be used equally towards those meaner ancestors who henceforth occupied +the religious energies of the head of each family or household. In +fulfilment of a similar sentiment, the later Greeks commonly used the word +{~GREEK SMALL LETTER ETA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~} in speaking of a dead friend, deeming that any one who departed this +life passed to the ranks of those princes of the community from whom all +were proud to trace descent. + +(M18) M. de Coulanges considers that the sacred rites of the family at the +hearth formed a more real tie than the belief in a common blood; and that +upon this religious basis was built up the greater hearth of the Prytaneum +as the centre of city life, to bind together the several families +composing the community. But without pretending to come to a final +decision on this the main tendency of social development, surely something +may yet be said in favour of the contrary theory; that the reverence that +centred in the hearth was in effect the expression of the sanctity of the +tie of blood, as felt by all members of the house, and that this feeling +drew its real importance for the community, not from the founding of the +city by the amalgamation of several families, but as a survival from an +earlier stage of life, when society circled round what was then in more +than name the Prytaneum of the tribal chieftain. + +Facts are wanting to justify a conclusion as to which of these theories +bears the closest resemblance to the truth, but it is easy to imagine what +might be the line of development if the latter hypothesis be maintained. + +(M19) During the wanderings and migrations of peoples in the search for +greener pastures or broader lands, each community or tribe would be +constantly under arms and subject to attack from the enemies they were +passing through or subjugating. This constant sojourning in a strange +land, surrounded by foes, would be a source of much solidarity to the +tribe itself, drawing its members closely together for mutual defence and +subsistence. + +But when once the tribe had found a country to its taste, and had made a +settlement with borders comparatively permanently established, emphasis +would be transferred to the petty quarrels and internal dissensions +arising between different sections within the community itself. The tie of +common blood, uniting all members of the tribe, would be gradually +disregarded and displaced by the less homely and more political relation +of fellow-citizenship, which, though retaining many of the characteristics +of the tribal bond, would necessarily be felt in a very different manner. + +In this disintegration of the larger unit, the existence of kinship by +blood would be acknowledged only where the relationship was obvious and +well known. And it would no longer be sufficient merely to prove +membership of a kindred; as those outside certain limits would claim +exemption from the responsibilities entailed by closer relationship. + +(M20) So, too, in the matter of religious observance: the reverence of the +individual for the Prytaneum and common hearth of the state would undergo +a change into a less personal sentiment; the rites connected therewith +would be delegated to an official priest; and it is with the head of each +family, surrounded by those who are really conscious of their connection +by blood in common descent from much more immediate ancestors, that the +true tribal feeling would longest survive, though, of course, on much +narrower lines. + +The privileges of citizenship were, it will be seen, as carefully guarded +as those of the tribe, but in a more perfunctory and arbitrary manner; +whilst the intimate connection of the members of the family with the +hearth and the graves of their ancestors stands out in strong relief. + +By the time of Hesiod, besides the violation of the universal sanctity of +a guest or suppliant, the chief sins are against members of the same +household, defrauding orphans, or insulting an aged parent.(28) Behaviour +to other than blood-relations is regulated by expediency, by what you may +expect in return from your neighbours.(29) + +Whether the family is to be regarded as the chief factor in the +composition of the city, or how much of its composition the city owes to +direct inheritance from the tribal system, must, as has been said, be left +unsolved. Some small light may perhaps be shed upon the problem as this +inquiry proceeds. + +(M21) At any rate, if the true basis of the organisation of the family and +the kindred, as found in historic times in Greece, could once be +established, material assistance ought to have been gained for rightly +understanding the structure of that earlier society, whatever it was, from +which the rules, that govern those within the bond of kinship, were +survivals. + + + + + +CHAPTER II. THE MEANING OF THE BOND OF KINSHIP. + + +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}: {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMEGA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. + _Aeschylus._ + + + + + 1. The Duty Of Maintenance Of Parents During Life, And After Death At +Their Tomb. + + +(M22) As the hearth was the centre of the sanctity and reverence of the +family, so the word {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was the customary term to signify the smaller +group of the composite {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, consisting of a man and his immediate +descendants. In the first place, the individual was absolutely committed +to sacrifice all his personal feelings for the sake of the continuity of +his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and this was his supreme duty. But whereas several {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} traced +their descent from a common ancestor, a group of gradually diverging lines +of descent were formed, sharing mutually the responsibility of the +maintenance of continuity, and the privilege of inheritance and +protection. + +Before examining how far these parallel lines remained within the reach of +claims of kinship, or how soon the reverence for the more immediate +predecessors absorbed the memory of the more remote ancestor, it will be +well to have a clear understanding of what the claims of kindred were, and +how they affected the member of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, in respect of his duties +thereto. + +(M23) Plato(30) declares that honour should be given to:-- + +1. Olympian Gods. + +2. Gods of the State. + +3. Gods below. + +4. Demons and Spirits. + +5. Heroes. + +6. Ancestral Gods. + +7. _Living Parents_, "to whom we have to pay the greatest and oldest of +all debts: in property, in person, in soul; paying the debts due to them +for the care and travail which they bestowed on us of old in the days of +our infancy, and which we are now to pay back to them when they are old +and in the extremity of their need." + +(M24) The candidates for the archonship were asked, among other things, +whether they treated their parents properly.(31) It was only in case of +some indelible stain, such as wife-murder, that the debt of maintenance of +the parent was cancelled.(32) Yet even when the father had lost his right +of maintenance by crime or foul treatment, the son was still bound to bury +him when he died and to perform all the customary rites at his tomb.(33) + +"Is it not," says Isaeus, "a most unholy thing, if a man, without having +done any of the customary rites due to the dead, yet expects to take the +inheritance of the dead man's property?"(34) + +(M25) The duty of maintenance of the parent thus extended even beyond the +tomb, and this retrospective attitude of the individual gives us the clue +to his position of responsibility also with regard to posterity. + +The strongest representation possible of this attitude is given in the +_Ordinances of Manu_, where it is stated that a man "goes to hell" who has +no son to offer at his death the funeral cake. + +(M26) "No world of heaven exists for one not possessed of a son." The +debt, owed by the living member of a family to his _manes_, was to provide +a successor to perform the rites necessary to them after his own death. + + + "By means of the eldest son, as soon as he is born, a man becomes + possessed of a son and is thus cleared of his debt to the _manes_" + + + "A husband is born again on earth in his son." + + + "If among many brothers born of one father, _one_ should have a + son, Manu said all those brothers would be possessed of sons by + means of that son." + + +_i.e._ one representative was sufficient as regards the duties to the +_manes_ in the house of the grandfather. + + + "Thro' a son one conquers worlds, thro' a son's son one attains + endlessness, and through the son's son of a son one attains the + world of the Sun." + + + "The sort of reward one gets on crossing the water by means of bad + boats is the sort of reward one gets on crossing the darkness (to + the next world) by means of bad sons."(35) + + +(M27) Plato expresses the same feeling in the _Laws_:(36) + + + "After a sort the human race naturally partakes of immortality, of + which all men have the greatest desire implanted in them; for the + desire of every man that he may become famous, and not lie in the + grave without a name, is only the love of continuance ... In this + way they are immortal leaving [children's] children behind them, + with whom they are one in the unity of generation. And for a man + voluntarily to deprive himself of this gift of immortality, as he + deliberately does who will not have a wife and children, is + _impiety_." + + +The functions and duties of the individual towards his family and +relations thus find their explanation in his position as link, between the +past and the future, in the transmission to eternity of his family blood. + +His duties to his ancestors began with the death of his father. He had at +Athens to carry out the corpse, provide for the cremation, gather the +remains of the burnt bones, with the assistance of the rest of the +kindred,(37) and show respect to the dead by the usual form of shaving the +head, wearing mourning clothes, and so on. Nine days after the funeral he +must perform certain sacrifices and periodically after that visit the +tombs and altars of his family in the family burying-place.(38) If he had +occasion to perform military service, he must serve in the tribe and the +deme of his parent ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}).(39) Before he +can enter into his inheritance he must fulfil all the ordinances incumbent +on one in his position, and in the Gortyn Laws it is stated that an +adopted heir cannot partake of the property of his adoptive father unless +he undertakes the sacred duties of the house of the deceased.(40) Thus the +right of ownership of the family estate rested always with the possession +of the blood of the former owners; and such a representative demonstrated +his right by stepping into his predecessor's shoes and by taking upon +himself all responsibility for the fulfilment of the rites, thereafter to +be performed to him also when he shall have been gathered to the majority +of his family. + + + + + 2. The Duty Of Providing Male Succession. + + +But however piously and carefully he performed his many duties to his +ancestors, his work was only transitory and incomplete, unless he provided +a successor to continue them after him into further generations. + +(M28) The procreation of children was held to be of such importance at +Sparta(41) that if a wife had no children, with the full knowledge of her +husband she admitted some other citizen to her, and children born from +such a union were reckoned as born to the continuation of her husband's +family, without breach of the former relations of husband and wife.(42) +This is the exact custom stated in the _Ordinances of Manu_ (ix. 59), +where it is laid down that a wife can be "commissioned" by her husband to +bear him a son, but she must only take a kinsman within certain degrees, +whose connection with her ceases on the birth of one son.(43) Otherwise it +was a man's duty to divorce a barren wife and take another. But he must +divorce the first, and could not have two hearths or two wives.(44) + +A curious instance of how this sentiment worked in practice in directly +the opposite direction to our modern ideas, is mentioned in Herodotus. +Leaders of forlorn hopes nowadays would be inclined to pick out as +comrades the unmarried men, as having least to sacrifice and fewest duties +to forego. Whereas Leonidas, in choosing the 300 men to make their famous +and fatal stand at Thermopylae, is stated to have selected all _fathers +with sons living_.(45) + +Hector is made to use this idea in somewhat similar manner. He encourages +his soldiers with:-- + + + "If a man fall fighting for his fatherland, it is no dishonourable + thing: and his wife and his children left behind, and his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} + and {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} are unharmed, if the Achaians go but back to their own + country."(46) + + +If the enemy are driven out, though he be killed himself, yet if he leave +children behind, his household and their property will remain unharmed. + +All about to die, says Isaeus, take thought not to leave their {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +desolate ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}),(47) but that there shall be some one to carry the name +of their house down to posterity, who shall perform all the customary +rites at the tomb due to them also when they shall have joined the ranks +of ancestors.(48) + +Where children were reckoned of the tribe of their father and not of their +mother, and where a woman was incapable of performing sacred rites, a male +heir was necessary for the direct transmission of blood and property. Sons +entered upon their inheritance immediately on the death of their father, +nor had he the power to dispossess them in favour of others, whilst +brothers, cousins, legatees, had always to prove their title and procure +judgment from the court in their favour.(49) + +(M29) Failing sons however, the next descent lay through a daughter. Nor +were her qualifications in herself complete or sufficient in theory to +form the necessary link in the chain of succession. The next of kin male +had to marry her with the property of which she was {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~};(50) but +neither she nor he really possessed the property, and the sons born from +the marriage succeeded thereto directly on attaining a certain age. The +next of kin had in the meantime of course to represent his wife's father +in all the religious observances, and was said to have power to live with +the woman ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}), but not to dispose of the +property ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~});(51) the sons becoming {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} +at sixteen years old, and owing thence only maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) to their +mother from the property.(52) The heiress was compelled to marry at a +certain age and was adjudicated by law to the proper kinsman.(53) + +Again an exact parallel is to be found in the _Ordinances of Manu_:-- + + + "One who is without a son should, by the following rule, make his + daughter provide him a son:--'The offspring which may be hers shall + be for me the giver of offerings to the _manes_.' " + + +The whole property of a man is taken by this daughter's son,(54) and, by +her bearing a son, _her father_ "becomes possessed of a son, who should +give the funeral cake and take the property."(55) + +If she die without a son, her husband would take (presumably by a sort of +adoption).(56) But this would be perfectly natural, if, as in Greece, her +husband was bound to be the next of kin and therefore heir failing issue +from her. + +(M30) At Athens it was part of the office of the archon to see that no +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} failed for want of representatives, to constrain a reluctant heiress +to marry or to compel the next of kin to perform his duty. Plato(57) asks +pardon for his imaginary legislator, if he shall be found to give the +daughter of a man in marriage having regard only to the two +conditions--nearness of kin, and the preservation of the property; +disregarding, in his zeal for these, the further considerations, which the +father himself might be expected to have had, with regard to the +suitability of the match.(58) + +(M31) A certain leniency was however allowed to the heiress who was +unwilling to marry an obnoxious kinsman, and to the kinsman who had +counterclaims upon him in his own house. Nevertheless the rules remained +very strict. Isaeus states emphatically,(59) "Often have men been +compelled by law to give up their properly wedded wives, owing to their +becoming {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} through the death of their brother to their father's +property and having to marry the next of kin ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~})," to +prevent the extinction of their father's house. + +Manu warns those about to marry to be careful that their children shall +not be required to continue their wives' father's family, to the +desolation of their own. + + + "She who has not a brother ... let not a wise man marry her, + through fear of the law about a daughter's son."(60) + + +Again Isaeus:-- + + + "We, because of our nearness of kin, would have been compelled to + maintain ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}) our aged grandfather and either ourselves + marry Cleonymos' (our uncle's) daughters or give them away with + their portions to others and all this our kinship, the laws, and + _our shame_ would have compelled us to perform or incur the + greatest penalties and the _utmost disgrace_."(61) + + +(M32) In the laws of Gortyn very clear rules are laid down to be followed +where there were difficulties in the way of the heiress marrying the next +of kin. + + + "The heiress shall marry the eldest brother of her father that is + alive. If there are more heiresses and uncles, they shall ever + marry the eldest. If there are no uncles but sons of uncles, she + shall marry the son of her father's eldest brother. If there are + more than one heiress and sons of uncles, they shall ever marry + the son of the eldest in order: but a man shall not marry more + than one heiress"(62) + + +There is also a statement made by Demosthenes(63) that sounds as if it +might have come from the _Ordinances of Manu_. It is there stated that if +there were more than one heiress, _only one_ need be dealt with in respect +to _providing succession_, though all shared in the property. + +The law of Gortyn goes on:-- + + + "If the man will not marry her, though of age and wishing to + marry, the guardians of the heiress shall sue, and the judge shall + condemn him to marry her in two months. If he will not marry her, + according to the law, she shall have all the property and shall + marry the next of kin (after him) if there is one.... + + + "If she is of age and does not wish to marry the next of kin or if + he is a minor and she does not wish to wait, she ... can marry + whom she will of those who claim her of the tribe. But she shall + apportion off his share of the property to the first of kin. + + + "If there are no kin to her, she shall have all the property and + marry whom she will of the tribe. + + + "If no one of the tribe will marry her, her guardians shall ask + throughout the tribe, ' Will any marry her?' And if any one then + marries her, he shall do it in thirty days after the 'asking.' But + if there is still no one, she shall marry any one else she can." + + +Such pains were taken to find a representative for the deceased in his +family, or at any rate in his _tribe_.(64) + +(M33) The same questions seem to have arisen amongst the Israelites in the +time of Moses. + + + Numbers xxxvi. 8. "And every daughter that possesseth an + inheritance (LXX. {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}) in any tribe of the + children of Israel, shall be wife unto one of the family of the + tribe of her father ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}), that + the children of Israel may enjoy ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) every man the + inheritance of his fathers. + + + "Even as the Lord commanded Moses, so did the daughters of + Zelophehad. + + + "For Mahlah, Tirzah and Hoglah, and Milcah, and Noah, the + daughters of Zelophehad, were married unto their father's + brother's sons (LXX. {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~})." + + + + + 3. The Position Of The Widow Without Child And The Duties Of An Only +Daughter. + + +(M34) The _levirate_, or marriage with deceased husband's brother, seems +to have had no place in Greek family law. The wife was of no _kin_ +necessarily to the husband; and so it would not tend to strengthen the +transmission of blood if the next of kin married the widow on taking the +inheritance of his relative deceased without issue. The wife in Greek law +could not inherit from her husband, whose property went to his father's or +mother's relations; and only when it became a question of finding an heir +to her _son_, and failing all near paternal kinsmen, could the inheritance +pass through her, and then as the mother of her dead son, not as widow of +her dead husband. Even then, being a woman, she had no right of enjoyment, +only of transmission. She could only inherit on behalf of her issue by a +second husband, and failing her issue the inheritance would pass to her +brothers and so on. In Greece the claim upon the {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~} (Latin _levir_) for +marriage seems to have begun with his brother's daughter, not his +brother's widow. + +(M35) The childless widow on the death of her husband had to return to her +own family or whoever of her kindred was guardian ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of her, and if +she wished, be given again in marriage by him.(65) + +The woman at Athens even after marriage always retained her {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or +guardian,(66) who was at once her protector and trustee. He was probably +the head of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} to which she originally belonged--her next of kin--and +had great power over her.(67) + +A case there is(68) where the heir to the property also takes the wife of +the previous owner; but in this case the husband may have been {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of +his own wife, and so could bequeath, or give her away to whomever he +liked.(69) + +In the _Ordinances of Manu_, the limitations of the levirate are very +strictly defined.(70) In the case of a man leaving a widow, she must not +marry again, or she lost her place in heaven by his side. + +But if she was childless, the next of kin of her husband must beget one +son by her; he did not _marry_ her, and his connection with her _ceased on +the birth of a son_. + +(M36) The laws of Manu otherwise are strict against the marriage of close +relations; a restriction not found in Greece. + +Isaeus(71) mentions that it was thought quite natural for a man to marry +his first cousin in order to concentrate the family blood, and prevent her +dowry or whatever property might come to her from going outside his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, +and we know that even marriage with a half-sister (not born of the same +mother) was not forbidden. + +There are more instances than one in Homer of a man marrying his aunt, or +niece. + +The nearest resemblance to the levirate in Greece is the occasional custom +at Sparta, mentioned already, of a wife being "commissioned" to bear +children by another man into the family of her husband. But this exists in +Manu, side by side with the above-mentioned custom of levirate proper. + +(M37) Among the Israelites, the levirate was in full force; the craving +for continuance was the same as among the followers of Manu and the +Greeks; and the custom with regard to heiresses is so vividly told that it +is worth quoting at some length. + + + Deut. xxv. 5. "If brethren dwell together and one of them die and + have no child, the wife of the dead shall not marry without unto a + stranger: her husband's brother [_i.e._ next of kin] shall go in + unto her and take her to him to wife and perform the duty of an + husband's brother to her. + + + "And it shall be that the firstborn which she beareth shall + _succeed in the name of his brother that is dead_, that his name + be not put out of Israel. + + + "And if the man like not to take his brother's wife, then let his + brother's wife go up to the gate unto the elders and say, 'My + husband's brother refuseth to raise up unto his brother a name in + Israel, he will not perform the duty of my husband's brother.' + + + "Then the elders of his city shall call him and speak unto him: + and if he stand to it and say, 'I like not to take her,' then + shall his brother's wife come unto him in the presence of the + elders, and loose his shoe from off his foot, and spit in his + face, and shall answer and say: 'So shall it be done unto that man + that will not build up his brother's house (LXX. {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}).' + + + "And his name shall be called in Israel, 'The house ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of him + that hath his shoe loosed.' " + + +(M38) Such was the scorn felt for the man who refused to perform the +duties of nearest kinsman. In the thirty-eighth chapter of Genesis is told +the story of Tamar, the wife of Judah's eldest son who died childless. The +second son's refusal to raise up seed to his brother because he knows that +_his own name will not be perpetuated thereby, but his brother's_, meets +with summary punishment. "And the thing that he did was evil in the sight +of the Lord, and He slew him also."(72) Afterwards, when it was reported +to her father-in-law that Tamar had a child by some one not of his family, +he was exceedingly wroth, and said, "Bring her forth and let her be +burnt." Accordingly, after he had received his own "tokens" from her hand, +his approval of her action, in her desire to perpetuate the name of her +dead husband, is all the more striking, and shows how real such a claim as +Tamar's was in the practice of those days, extreme though her action was +felt to be. And Judah acknowledged his tokens and said, "She hath been +more righteous than I: because that I gave her not to Shelah my [youngest] +son." + +(M39) The statement of the customary procedure in Deuteronomy is very +picturesquely illustrated and fulfilled in detail in the story of Ruth, +who though only a daughter-in-law takes the position of heiress through a +sort of adoption by her mother-in-law Naomi, on her refusal to go back to +her own people. "Where thou goest, I will go: where thou lodgest, I will +lodge: thy people shall be my people, and thy God, my God. Where thou +diest will I die, and there will I be buried." She accepts Naomi's hearth +her kin, her religion, and finally her tomb. + +Elimelech and his two sons dying in Moab, Naomi and both her +daughters-in-law are left widows in a strange land. If Naomi had other +sons, upon them would have devolved the duty of taking Orpah and Ruth to +wife. But Naomi declares herself(73) too old to marry again and be the +mother of sons, and implores her daughters-in-law to return to their own +people in Moab, where she hopes they will start afresh with new husbands, +a course which seems always to have been open to wives in tribal +communities. Orpah does so, but Ruth elects to remain with Naomi, and +returning with her to Bethlehem takes her chance among the kindred of +Elimelech. Happening to arrive at Bethlehem at the beginning of the barley +harvest, it so chances that Ruth goes forth to glean upon that part of the +open field which belonged to Boaz--a rich man of the {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} of Elimelech, +who, having heard of her devotion to Naomi and the house of his late +kinsmen, protects her from possible insult from strangers and treats her +richly. On her return home Naomi informs her that Boaz is of their next of +kin ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~})(74) whose place it was to redeem property sold or +lost by a kinsman. This duty is thus set forth in Leviticus:-- + + + (M40) Lev. xxv. 25. "And if thy brother be waxen poor and sell + some of his possession, then shall his kinsman ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) that + is next to him come and shall redeem that which his brother hath + sold." + + +An instance of it in practice is given in Jeremiah. + + + Jerem. xxxii. 8. "So Hanameel mine uncle's son came to me in the + court of the guard according to the word of the Lord and said unto + me, 'Buy my field, I pray thee, that is in Anathoth which is in + the land of Bethlehem: for the right of inheritance is thine, and + the redemption is thine: buy it for thyself.' " + + +But on Ruth's applying to Boaz, he informs her that though he is +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, _i.e._ within the reach of the claim on the next of kin, yet is +there one {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} who is nearer than he, and who must first be asked. + + + "Now Boaz went up to the gate and sat down there, and behold the + near kinsman of whom Boaz spake came by, unto whom he said, 'Ho, + such an one! turn, aside, sit down here,' and he turned aside and + sat down. And he took ten men of the elders of the city and said, + 'Sit ye down here,' and they sat down. And he said unto the near + kinsman, 'Naomi that is come again out of the country of Moab + selleth the parcel of land which was our brother Ehmelech's: and I + thought to disclose it to thee, saying, "Buy it before them that + sit here and before the elders of my people." If thou wilt redeem + it, redeem it; but if thou wilt not redeem it, tell me that I may + know; for there is none to redeem it beside thee, and I am after + thee.' And he said, 'I will redeem it.' Then said Boaz, 'What day + thou buyest the field of the hand of Naomi thou must buy it also + of Ruth the Moabitess, _the wife of the dead, to raise up the name + of the dead upon his inheritance_.' And the near kinsman said, 'I + cannot redeem it for myself _lest I mar my own inheritance_; take + thou my right of redemption on thee; for I cannot redeem it.' " + + +The rendering of the Vulgate of the kinsman's reply is more easily +understood:--"I yield up my right of near kinship: for neither ought I to +blot out the continuance (_posteritas_) of my family: do thou use my +privilege, which I declare that I freely renounce." + + + "And he drew off his shoe. And Boaz said unto the elders and unto + all the people, 'Ye are witnesses this day that I have bought all + that was Elimelech's ... Chilion's and Mahlon's of the hand of + Naomi. Moreover Ruth, the wife of Mahlon, have I purchased to be + my wife to _raise up the name of the dead_ upon his inheritance, + that the name of the dead be not cut off from among his brethren + and from the gate of his place: ye are witnesses this day.' And + all the people that were in the gate and the elders said, 'We are + witnesses ... May thy house be like the house of Perez whom Tamar + bare unto Judah' &c." + + +Now Boaz was sixth in descent from this Perez whose mother Tamar, as +quoted above, had been in much the same position as Ruth. + +It is interesting to read further that the son born of this marriage of +Ruth and Boaz is taken by the women of Bethlehem to Naomi, saying, "_There +is a son born to Naomi_," emphasising the duty of the heiress to bear a +son, not into her husband's family, but to that of her father. + +The story of Ruth is not, therefore, an exact example of the custom of +levirate. But it illustrates incidentally the unity of the family. The +sons of Elimelech died before the family division had taken place, and the +house of Elimelech their father was thus in jeopardy of extinction. If +Naomi had come within the proper operation of the levirate, the next of +kin ought to have married _her_, but by her adoption of Ruth as her +daughter, she gave Ruth the position of heiress or {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, whilst the +heir born to Ruth was called son, not of Ruth's former or present husband, +but of Elimelech and (by courtesy) of Naomi, Elimelech's widow, through +whom the issue ought otherwise to have been found. + + + + + 4. Succession Through A Married Daughter: Growth Of Adoption: +Introduction Of New Member To Kinsmen. + + +(M41) But if the heiress was already married and had sons, she need not be +divorced and marry the next of kin, though that still lay in her power. It +was considered sufficient if she set apart one of her sons to be heir to +her father's house. But she must do this absolutely: her son must entirely +leave her husband's house and be enfranchised into the house of her +father. If she did not do this with all the necessary ceremonies, the +house of her father would become extinct, which would be a lasting shame +upon her. + +Isaeus(75) mentions a case where a wife inherits from her deceased brother +a farm and persuades her husband to emancipate their second son in order +that he may carry on the family of her brother and take the property. + +(M42) In another passage(76) the conduct of married sisters in not +appointing one of their own sons to take his place as son in the house of +their deceased brother, and in absorbing the property into that of their +husbands, whereby the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of their brother became {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, is described +as shameful ({~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}). + +In Demosthenes(77) a man behaving in similar wise is stigmatised as +{~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +(M43) Herein lay the reason that adoption became so favourite a means in +classical times of securing an heir. It became almost a habit among the +Athenians who had no sons, to adopt an heir--often even the next of kin who +would naturally have succeeded to the inheritance.(78) + +The transfer of the adopted son from the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of his father to the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +he was chosen to represent was so real that he lost all claim to +inheritance in his original family, and henceforth based his relationship +and rights of kinship from his new position as son of his adoptive father. +This absolutely insured the childless man that his successor would not +merge the inheritance in that of another {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and made it extremely +unlikely that he would neglect his religious duties as they would be +henceforth his own ancestral rites. + +Sometimes, it seems,(79) sons of an unfortunate father were adopted into +another {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} so as not to share in the disgrace brought upon their +family. In such a case presumably their father's house would be allowed to +become extinct. + +(M44) The inheritance of property being only an accessory to the +heirship,(80) the ceremony of adoption consisted of an introduction to the +kindred and to the ancestral altars, and an assumption of the +responsibilities connected therewith. + +(M45) The process was the same as for the proclamation of the true blood +of a son, and was exactly in accordance with tribal instincts. + +Whatever the history of the {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} at Athens, in it seems to have been +accumulated a great number of the survivals of tribal sentiment. + +(M46) The adoption at Athens took place at the gathering of the phratores +in order that all the kin might be present ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}).(81) +The adopter must lead his son to the sacrifices on the altars(82) and must +show him to the kinsmen ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} or {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) and phratores: he must +give assurance on the sacrifices that the young man was born in lawful +wedlock from free citizens. This done, and no one questioning his rights, +the assembly proceeded to vote(83) and if the vote was in his favour, then +and not till then he was enrolled in the common register ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) of the phratria in the name of son of his adopted father. As +a father could not without reason disinherit his true-born sons, so the +phratores could not without reason refuse to accept them to the +kinship.(84) + +If any of the phratores objected to the admission of the new kinsman, he +must stop the sacrifices and remove the victim from the altar.(85) He +would have to state the grounds of his objection, and if he could not +produce good reasons, he incurred a fine. If there was no objection, the +unsacrificial parts of the victim were divided up and each member took +home with him his share,(86) or joined in a feast provided by the father +of the admitted son.(87) + +(M47) The ceremonial given in the Gortyn laws is similar:-- + + + x. 33. "The adoption shall take place in the agora when all the + citizens have assembled, from the stone from which speeches are + made. And the adopter shall give to his own brotherhood ({~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}) + a victim-for-sacrifice and a vessel of wine ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~})." + + +The adopted son gets all the property and shall fulfil the divine and +human duties of his adoptive father(88) and shall inherit as in the law +for true-born sons. But if he does not fulfil them according to law, the +next of kin shall take the property. He can only renounce his adoption by +paying a fine. + +The adopted son thus introduced was considered to have become of the blood +of his adoptive father, and was unable to leave his new family and return +to his original home unless he left in the adoptive house a son to carry +on the name to posterity. As long as he remained in the other {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, +_i.e._ had not provided for his succession and by certain legal ceremonies +been readmitted to his former family, he was considered of no relationship +to them and had no right of inheritance in their goods.(89) + +An adopted son could not adopt or devise by will, and if he did not +provide for the succession by leaving a son to follow him, the property +went back into the family and to the next of kin of his adopted +father.(90) + +If he did return to his former {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, leaving a son in his place and that +son died, he could not return and take the property thus left without heir +direct.(91) + +(M48) Adoption amongst the Hindoos took place in like manner before the +convened kindred. The adopting father offered a burnt-offering, and with +recitation of holy words in the middle of his dwelling completed the +adoption with these words:-- + + + "I take thee for the fulfilment of my religious duties; I take + thee to continue the line of my ancestors."(92) + + +The adopted son should be as near a relation as possible, and when once +the ceremony had taken place, was considered to have as completely lost +his position in his former family as if he had never been born +therein.(93) + +(M49) The introduction into the deme which took place at the age of +eighteen at Athens, including the enrolment in the {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, seems to have been a registration of rights of property and +an assumption of the full status of citizen. The word {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} is +defined by Harpocration as meaning "capable of managing the ancestral +estate ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~})." The word {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} is used by Isaeus for the +application, by others than direct descendants, to the Archon for the +necessary powers to take their property. + +It appears to have been at this period that the young man left the ranks +of boyhood and dedicated himself to the responsibilities of his life. + +(M50) Plutarch(94) states that it was the custom at coming of age to +tonsure the head and offer the hair to some god, and describes the young +Theseus as adopting what we know as the Celtic tonsure, thenceforth called +after his name. + + + "The custom still being in existence at that time for those + quitting childhood to go to Delphi and dedicate(95) their hair to + the god, Theseus also went to Delphi (and the place is still + called after him the Theseia, so they say) and _shaved the hair of + his head in front only_ ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) Homer says the + Abantes do:(96) and this kind of tonsure ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}) is called + 'Theseis' because of him. Now the Abantes first shaved themselves + in this manner, not in imitation of the Arabs(97) as some have it, + nor even in emulation of the Mysians, but being a warlike people + and fighting hand to hand, ... as Archilochos testifies. For this + reason Alexander is said to have ordered his Macedonians to shave + their beards...." + + +This cutting the hair as token of dedication to any particular object or +deity was of common occurrence. Achilles' hair was dedicated as an +offering to the river Spercheios in case of his safe return.(98) Knowing +that this is impossible, in his grief at the death of Patroklos, with +apologies to the god he cuts his flowing locks and lays them in the hand +of his dead friend. + +Pausanias declares that it was the custom with all the Greeks to dedicate +their hair to rivers.(99) + +Theophrastus(100) mentions as a characteristic of the man of Petty +Ambition that he will "take his son away to Delphi to have his hair cut +({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~})," showing that this venerable custom had by that time become +pedantic and an object of ridicule. + +According to Athenaeus,(101) when the young men cut their hair they +brought a large cup of wine to Herakles and, pouring a libation, offered +it to the assembled people to drink. + +The age at which the hair was cut seems to have varied. The _Ordinances of +Manu_(102) give the following instructions:-- + + + "The Kecanta (tonsure-rite) is ordered in the sixteenth year(103) + of a Brahman, in the twenty-second of a Ksatriya, and in two years + more after that for a Vaicya." + + +But whenever the actual tonsure was performed, it seems to have been a +very widely spread custom, symbolical in some way of devotion to a deity +or kindred, or to some particular course of life. + +Its importance in this place, however, lies in its being one of the +special acts relating to the admission to tribal status, and to the +devotion, so to speak, of the services of the individual to the corporate +needs of his tribe or kindred. + +The public introduction to the kindred, combined with publicity of +marriage and of the birth of children would, it is obvious, be a very +important protection for the preservation of the jealously guarded purity +of the tribal blood. Isaeus(104) says that all relations ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}), +all the phratores, and most ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}) of the demesmen would know whom a +man married, and what children he had. This, in addition to the oath +({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}) of the father or of the mother(105) of the legitimacy of the son +introduced to his kin, would seem a very sufficient safeguard.(106) + +If a child was not introduced to the phratores, it was considered +illegitimate,(107) and could have no share in the rites of kindred and +property.(108) + + + + + 5. The Liability For Bloodshed. + + +(M51) A notable feature of the tribal system all over the world was the +_blood-feud_, wiped out only by the death of the manslayer or by the +payment of a sufficient recompense. The incidence of the responsibility +for murder and for payment of the recompense upon a group instead of only +on the guilty individual was of remarkable tenacity, and survived to +comparatively late days. + +In Arabia the whole tribe of the murderer subscribed to the blood-money, +which went to all the males in the tribe of the murdered man.(109) + +But in Greece the responsibility fell upon the next of kin, with the help +and under the supervision of the rest of the immediate kindred. He had to +see that a spear was carried in front of the funeral of the slain man and +planted in his grave, which must be watched for three days.(110) He must +make proclamation of the foul deed at the tomb, and must undergo +purificatory rites, himself and his whole house ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}). If the dead body +be found in the country and no cause of death known, the demarch must +compel the relatives to bury the corpse and to purify the deme on the same +day.(111) + +The subject is a familiar one in Homer. The wanderer ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}) is said +to have no value (he is {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), no fine is exacted for his death. + + + _Il._ xiv. 483. "That my brother's price ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}) be + not unpaid: even for this it is that a man may well pray to have + some kinsman in his halls ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) to avenge + ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}) his fall." + + + _Il._ ix. 634. "Yet doth a man accept recompense of his brother's + murderer: or for his dead son: and so the manslayer for a great + price abideth in his own land ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}) and the other's heart is + appeased and his proud soul, when he hath taken the + recompense."(112) + + +(M52) There are many men told of in the _Iliad_ and _Odyssey_ who were in +the position of refugees at the court of some chief. As many of them were +wealthy--chiefs' sons or even chiefs--and well able to pay large +recompenses, it seems probable that (as is definitely stated in some +instances), if the murder was committed on a member of the same family or +tribe as the murderer, the only way to wipe out the stain was by death or +perpetual exile, as in the case of the typical fratricide Cain. The +blood-price was then only between tribe and tribe or city and city. Within +the kindred there would be no ransom allowed.(113) + +Medon had slain the brother of his step-mother and was a fugitive from his +country.(114) + +Epeigeus _ruled_ ({~GREEK SMALL LETTER ETA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}) fairest Boudeion of old, but having slain a good +man of his kin ({~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}), to Peleus fled, a suppliant.(115) + +Tlepolemos slew his own father's maternal uncle, gathered much folk +together and fled across the sea, because the other sons and grandsons of +his father threatened him.(116) + + + _Il._ xxiv. 479. "And as when a grievous curse cometh upon a man + who in his own country ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}) hath slain another and escapeth + to a land of other folk ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) to the house of some rich + man, and wonder possesseth them that look on him...."(117) + + + _Od._ xv. 272. "Having slain a man of my tribe ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}): and many + are his relations ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) and kinsmen ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) in Argos: at + their hands do I shun death and black fate and am in exile." + + + _Od._ xxiii. 118. "For whoso hath slain but one man in his country + ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}) for whom there be not many avengers ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}) + behind, he fleeth leaving his kin ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}) and his fatherland, how + then we who have slain the pillar of the state!" + + +(M53) If ransom there was none for the murderer within the tribe, there +was equally none for murders between citizen and citizen,--in this point +also the inheritors of the sentiments of tribesmen. In the law of +Solon(118) it was forbidden to take payment in compensation from the +murderer:-- + + + "The murderer can be slain in our land, not tortured, not held to + ransom ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER NU~})." + + +Plato(119) describes the soul of the deceased as troubled with a great +anger against the murderer, so that even the innocent and unintentional +homicide must needs flee at any rate for a year. The presence too of a man +thus denied with bloodshed at the sacred altars was held to be a gross +impiety and source of divine anger. Plato(120) says:-- + + + "The murderer shall be slain, but not buried in the country ({~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}) + of the deceased, which would be a disgrace and impiety."(121) + + +In the case of a suicide, the hand that committed the crime was to be cut +off and buried separately. + +In Isacus(122) it is related how Euthukrates in a quarrel over a +boundary-stone was so flogged by his _brother_ Thoudippos that, dying some +days after, he charged his friends ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) not to allow any of +Thoudippos' people ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}) to approach his tomb. But if the +murdered man before his death forgave his murderer, the relatives could +not proceed against him. + +If the murderer escaped fleeing he must go forever: if he returned he +could be killed at sight by any one and with impunity.(123) The pollution +rested on the whole kindred of the murdered man. + + + "Whosoever _being related to the deceased_ on the male or female + side of those within the cousinship shall not prosecute the + murderer when he ought or proclaim him outlaw, he shall _take upon + himself __ the pollution_ and the hatred of the gods ... and he + shall be in the power of any who is willing to avenge the + dead."(124) + + +The pollution cannot be washed out until the homicidal soul has given life +for life and has laid to sleep the wrath of the whole family +({~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}).(125) + +If it is a beast that has killed the man, it shall be slain to propitiate +the kin and atone for the blood shed. + +If it is a lifeless thing that has caused death, it shall solemnly be cast +out before witnesses to acquit the whole family from guilt.(126) + +Amongst the Israelites, treating of homicides _amongst themselves_, +compensation was forbidden in like manner. + + + Numbers xxxv. 31. "Moreover ye shall take no satisfaction for the + life of a murderer which is guilty of death: but he shall surely + be put to death. + + + "... The land cannot be cleansed of blood that is shed therein but + by the blood of him that shed it." + + +Let us complete this subject with the following story told by +Herodotus:(127)--Adrastus, having slain his brother, flees to the court of +Croesus. There he becomes as a son to Croesus and a brother to Atys, +Croesus' son. This Atys Adrastus has the terrible misfortune to slay, +thereby incurring a three-fold pollution. He has brought down upon himself +the triple wrath of Zeus Katharsios, Ephestios, and Hetaireios: he has +violated his own innocence, his protector's hearth, and the comradeship of +his friend. + +In despair he commits suicide. + + + + + +CHAPTER III. THE EXTENT OF THE BOND OF KINSHIP. + + + Arctior vero colligatio est societatis propinquorum: ab illa enim + immensa societate humani generis in exiguam angustumque + concluditur. + + + _Cicero_. + + + + + 1. Degrees Of Blood-Relationship; The {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + + +(M54) Such being the character of the burden of mutual responsibility +borne by members of kindred blood, it remains, if possible, to obtain some +idea of how this responsibility became narrowed and limited to the nearest +relations, and what was the meaning underlying the distinction drawn +between certain degrees of relationship. + +When examining the more detailed structure of the organisation of the +kindred, considerable light seems to be thrown upon survivals in Athens by +comparison with the customs of other communities, which were undergoing +earlier stages of the same process of crystallisation from the condition +of semi-nomadic tribes into that of settled provinces or kingdoms. + +(M55) In the Gortyn Laws we read:-- + + + iv. 24. "The father shall have power over the children and the + property to divide it amongst them.... As long as they (the + parents) are alive, _there is no necessity for division_.... If a + man or woman die their children, or grandchildren, or + great-grandchildren, shall have the property...." + + +The headship of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and the ownership of the property vested in the +parent as long as he lived and wished to maintain his power. Even after +his death, unless they wished it, the sons need not divide up amongst +themselves, but could live on with joint ownership in the one {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of +their deceased father. The eldest son would probably take the house +itself, _i.e._ the hearth, with the duties to the family altars which +devolved upon him as head of the family.(128) + +An example of this joint ownership occurs in the speech of Demosthenes +against Leochares.(129) The two sons of Euthumachos after his death gave +their sister in marriage (no doubt with her proper portion), and lived +separately but _without dividing_ their inheritance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). +Even after the marriage of one brother, they still left the property +undivided, each living on his share of the income, one in Athens, the +other in Salamis. + +The possibility of thus living in one {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and on an undivided patrimony +is implied in another passage in Demosthenes, where, however, the exact +opposite is described as actually having taken place.(130) + +Bouselos had five sons. He divided ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}) his substance +amongst them all as was fair and right, and they married wives and begat +children and children's children. Thus _five_ {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} sprang up out of the +one of Bouselos, and _each brother dwelt apart_, having his own {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and +bringing up his own offspring ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) himself ({~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMEGA WITH PSILI AND OXIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}). + +Whilst the parents were alive the family naturally held very closely +together, and often probably lived in one patriarchal household like +Priam's at Troy. + +Isaeus declares:--The law commands that we maintain ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) our parents +({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}): these are--parents, grandparents and _their parents_, if they are +still alive: + + + "For they are the beginning ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ETA WITH OXIA~}) of the family ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) and their + estate descends to their offspring ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}): wherefore it is + necessary to maintain them even if they leave nothing."(131) + + +The duty of maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) owed to the ancestor would follow the +same relationship as the right of inheritance from him, and this common +debt towards their living forebears could not help further consolidating +the group of descendants already bound together by common rites at the +tombs of the dead. + +But granted this community of rights and debts, is it possible to +formulate for the Greeks anything of the same limitations in the incidence +of responsibility amongst blood-relations that is to be found elsewhere? + +(M56) In western Europe, owing perhaps to the influence of Christianity, +the rites of ancestor-worship have no prominence. Ecclesiastical influence +however was unable to prevent an exceedingly complex subdivision of the +kindred existing in Wales and elsewhere. Whether this subdivision finds +its _raison d'etre_ in the worship of ancestors or not, the groups thus +formed serve as units for sustaining the responsibilities incident to +tribal life, and being, as will be seen, governed by similar +considerations to those existing among the Greeks, they afford very +suitable material for comparison, and throw considerable light upon one +another. + +(M57) As the various departments affected by blood-relationship or purity +of descent come under notice, it will be seen that the position of +_great-grandson_ as at once limiting the immediate family of his parents +and heading a new family of descendants is marked with peculiar emphasis. + +(M58) In the ancient laws of Wales it rests with great-grandsons to make +the final division of their inheritance and start new households. + +Second cousins may demand redivision of the heritage descending (and +perhaps already divided up in each generation between) from their +great-grandfather. After second cousins no redivision or co-equation can +be claimed.(132) + +In the meanwhile the oldest living parents maintained their influence in +family matters. In the story of Kilhwch and Olwen, in the _Mabinogion_, +the father of Olwen, before betrothing her to Kilhwch, declares that "her +four great-grandmothers and her four great-grandsires are yet alive; it is +needful that I take counsel of them."(133) + +(M59) Even when feudalism refused to acknowledge other than an individual +responsibility for a fief, it was unable to overcome the tribal theory of +the indivisibility of the family, which maintained its unity in some +places even under a feudal exterior. But as generations proceeded, and the +relationships within the family diverged beyond the degree of second +cousin, a natural breaking up seems to have taken place, though in the +direction of subinfeudation under the feudal enforcement of the rule of +primogeniture, instead of the practice, more in accordance with tribal +instincts, of equal division and enfranchisement. It may however be +surmised that the subdivision and subinfeudation of a holding in the +occupation of such a group of kinsmen would be carried out by the +formation of further similar groups. + +(M60) In the _Coustumes du Pais de Normandie_ mention is made of such a +method of land-holding, called _parage_. It consists of an undivided +tenure of brothers and relations _within the degree of second cousins_. + +The eldest does homage to the capital lord for all the _paragers_. The +younger and their descendants hold of the eldest without homage, until the +relationship comes to the _sixth degree inclusive_ (_i.e._ second +cousins). When the lineage is beyond the sixth degree, the heirs of the +cadets have to do homage to the heirs of the eldest or to whomsoever has +acquired the fief. Then _parage_ ceases.(134) + +The tenure then becomes one of subinfeudation. As long as the _parage_ +continued, the share of a deceased _parager_ would be dealt with by +redivision of rights, and no question would arise of finding heirs. But +when it became a question of finding an heir to the group, failing heirs +in the seventh degree inclusive, that is, son of second cousins--looked +upon as son to the group--failing such an heir, the estate escheated to the +lord. + +(M61) There is an interesting passage in the Ancient Laws of Wales +ordaining that the next-of-kin shall not inherit as heir to his deceased +kinsman, but as heir to the ancestor, who, apart from himself, would be +without direct heir, _i.e._ presumably their common ancestor. + + + "No person is to obtain the land of a _co-heir_, as of a brother, + or of a cousin, or of a second cousin, by claiming it as heir to + that one co-heir who shall have died without leaving an heir of + his body: but by claiming it as heir _to one of his own parents_, + who had been owner of that land until his death without heir, + whether a father, or grandfather, or great-grandfather: that land + he is to have, if he be the nearest of kin to the deceased."(135) + + +This of course refers to inheritance within the group of co-heirs, the +members of which held their position by virtue of their common +relationship within certain degrees to the founder. And we may infer that +emphasis was thus laid on the proof of relationship by _direct descent_, +in order to prevent shares in the inheritance passing from hand to hand +unnoticed, beyond the strict limit where subdivision could be claimed _per +capita_ by the individual representatives of the diverging _stirpes_. + +(M62) The kindred in the _Ordinances of Manu_ is divided into two groups:-- + +1. Sapindas, who owe the _funeral cake_ at the tomb. + +2. Samanodakas, who pour the _water libation_ at the tomb. + + + "To _three ancestors_ the water libation must be made; for _three + ancestors_ the funeral cake is prepared; the fourth (descendant or + generation) is the giver (of the water and the cake); the _fifth + has properly nothing to do_ (with either gift)."(136) + + +This may be put in tabular form:-- + +Receivers of water. + +1. Great-grandfather's great-grandfather. +2. Great-grandfather's grandfather. +3. Great-grandfather's father. + +Receivers of cake. + +1. Great-grandfather. +2. Grandfather. +3. Father. +4. Giver of cake and water +5. Excluded + +Or inversely:-- + +Givers of cake or _Sapindas_. + +Householder +Brothers +1st cousins +2nd cousins + +Pourers of water or _Samanodakas_. + +3rd cousins +4th cousins +5th cousins + +Within the _Sapinda_-ship of his mother, a "twice-born" man may not +marry.(137) Outside the _Sapinda_-ship, a wife or widow, "commissioned" to +bear children to the name of her husband, must not go. + + + "Now _Sapinda_-ship ceases with the seventh person, but the + relationship of a Samanodaka (ends) with the ignorance of birth + and name."(138) + + +All are Sapindas who offer the cake to the same ancestors. + +(M63) The head of the family would himself offer or share with all his +descendants in the offering of the one cake to his great-grandfather, his +grandfather, and his father. And if this passage is taken in conjunction +with the one quoted just above, the number sharing in the cake-offering, +limited as in the text at the seventh person from the first ancestor who +receives the cake, is just sufficient to include the great-grandson of the +head of the family, supposed to be making the offering. + +The group, thus sharing the same cake-offering, would in the natural +course be moving continually downwards, generation by generation as the +head of the family died, thereby causing the great-grandfather to pass +from the receivers of the cake-offering to the receivers of the water +libation, and admitting the great-grandson's son into the number of +Sapindas who shared the cake-offering. And at no time would more than four +generations have a share in the same cake offered to the three nearest +ancestors of the head of the family. + +(M64) The Samanodakas, or pourers of the water libation appear to have +been similarly grouped. + +"Ignorance of birth and name" was in Wales considered to be equivalent to +_beyond fifth cousins_. According to the Gwentian Code, "there is no +proper name in kin further than that"--_i.e._ fifth cousins.(139) And this +tallies exactly with the previous quotation from Manu limiting the water +libation to three generations of ancestors beyond those to whom the cake +is due, which, as has been seen, includes fifth cousins. + +And it must be borne in mind that fifth cousins are great-grandsons of the +great-grandsons of their common ancestor, or two generations of groups of +second cousins. + +(M65) It was extremely improbable that a man would see further than his +great-grandchildren born to him before his death. And it might also +occasionally occur in times of war or invasion that a man's sons and +grandsons might go out to serve as soldiers, leaving the old man and his +young great-grandchildren at home. + +If the fighting members of the family were killed, the great-grandsons +(who would be second cousins or nearer to each other) would have to +inherit directly from their great-grandfather: and thus, especially in +cases where the property was held undivided after the father's death, we +can easily see that second cousins (_i.e._ all who traced back to the +common great-grandfather) might be looked upon as forming a natural limit +to the immediate descendants in any one {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and as the furthest removed +who could claim shares of the ancestral inheritance. + +After the death of the great-grandfather or head of the house, his +descendants would probably wish to divide up the estate and start new +houses of their own. The eldest son was generally named after his father's +father,(140) and would carry on the name of the eldest branch of his +great-grandfather's house, and would be responsible for the proper +maintenance of the rites on that ancestor's tomb. He would also be +guardian of any brotherless woman or minor amongst his cousins, each of +whom would be equally responsible to him and to each other for all the +duties and privileges entailed upon blood-relationship. + +Thus seems naturally to spring up an inner group of blood-relations +closely drawn together by ties which only indirectly reached other and +outside members of the {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +(M66) In the fourth century B.C. this compact group limited to second +cousins still survived at Athens, responsible to each other for +succession, by inheritance or by marriage of a daughter; for vengeance and +purification after injury received by any member, and for all duties +shared by kindred blood. + +This close relation was called {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, and all its members were called +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} _i.e._ any one upon whom the claim upon the next-of-kin might at +any time fall. + +The speech of Demosthenes against Makartatos affords considerable +information as to the constitution of the family-group or {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. The five +sons of Bouselos,(141) we are told, on his death divided his substance +amongst them, and each started a new {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and begat children and +children's children.(142) The action, which was the occasion of the +speech, lay between the great-grandsons of two of these five founders of +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, Stratios and Hagnias, and had reference to the disposal of the +estate of the grandson of the latter, which had come into the hands of the +great-grandson of Stratios. + +One might have supposed that the descendants of Bouselos, with their +common burial ground(143) and so forth, would have ranked as all in the +same {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} under their title of Bouselidai. But it is clear from this +speech of Demosthenes, that too many generations had already passed to +admit of Bouselos being considered as still head of an unbroken {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and +that his _great_-great-grandsons were subdivided into separate {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} under +the names of their respective great-grandfathers, Stratios, Hagnias, &c. +({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK CAPITAL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK CAPITAL LETTER ALPHA WITH DASIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}).(144) + + + + + 2. Limitations In Respect Of Succession Outside The Direct Line Of +Descent. + + +(M67) The Gortyn law quoted above in the previous section goes on:-- + + + v. "If (a man or woman die and) they have no children, the + deceased's brothers and brother's children or _grandchildren_ + shall have the property. If there are none of these, the + deceased's sisters, their children or _grandchildren_. If there + are none of these, to whom it descends of whatever grade they be, + they shall inherit the property." + + +This clause takes the evidence one step further, and it is noticeable how +the right of inheritance is determined by the great-grandchild of the +common ancestor. In the direct line, a man's descendants down to his +great-grandchildren inherited his estate. In dealing with inheritance +through a brother of the deceased the heirship terminates with the +_grandchild_ of the brother, who would be great-grandchild of the nearest +common ancestor with the previous owner of the estate. If there is no +brother, the child of the cousin limits the next branch, as will be seen. + +(M68) Isaeus(145) describes the working of the then-existing (c. 350 B.C.) +law of inheritance at Athens as follows:-- + +The law gives "brothers' property" (i.e. property without lineal +succession) to + + + 1. _Brothers_ by the same father, or brother's children, for these + are related to the deceased in the nearest degree; + + + 2. _Sisters_ by the same father, or sister's children; + + + 3. _First cousins_ by the father's side as far as _cousin's + children_ ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} + _{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}_). + + + Failing these, recourse is had back again into the family ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} + {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) and the law makes those related through + the _mother_ of the deceased, masters ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) of the family (and + inheritance) in the same order as on the father's side from the + beginning. + + +That is to say, failing first cousins once removed, the inheritance goes +back and begins again at the mother of the deceased, who however, being a +woman, can only inherit on behalf of her issue, present or +prospective.(146) If she has married again and has a son (half-brother to +her deceased son) he would inherit. Failing her issue, her brother and so +on to first cousin's children of the deceased, through his mother, would +have the inheritance. + +Failing these, the nearest kinsman to be found on the father's side, of +whatsoever degree, is to inherit. + +(M69) The law as stated by Demosthenes(147) coincides with this:-- + + + "If there are no sons, brothers by the same father (shall + inherit): and their true born children, if there are any, shall + have the share of their father: if there are no brothers or + brother's children the issue of the latter in the same way shall + partake: males and children of males shall have preference (over + females) if they are born of the same (parents), even if they are + further off by birth ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}) [_i.e._ are a generation lower down]. + If there are none on the father's side as far as _cousin's + children_ ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}), the relations on the mother's + side in the same way shall have possession ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}). But if + there are none on either side _within these degrees_, the nearest + of kin on the father's side shall have possession." + + +Whenever this law is quoted the limit of relationship laid down therein +for the immediate {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} is always that of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, or sons of +first cousins, who inherit from their first cousins once removed (_oncle a +la Bretagne_, or Welsh uncle as this relation has been called). +Occasionally the patronymic form {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} is used, apparently with the +same signification, though properly {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} would mean sons of two first +cousins, _i.e._ second cousins.(148) + +(M70) It appears from the evidence reviewed hitherto, that any +great-grandson could inherit from any grandson of a common ancestor, and +the conclusion also seems to be justified, that the group of +great-grandsons were considered to divide up their right to inherit once +for all, and that having done so, with respect to that inheritance they +were considered to have begun a new succession. To put it differently, in +case of the death of one of these second cousins, after the final division +of their inheritance had taken place, the rest of the second cousins would +have no right to a share in his portion; an heir would have to be found +within his nearer relations. Thus, they share responsibilities towards any +of their relations within the group and higher up in their families, and +also stand shoulder to shoulder in sharing such burdens as pollution and +so on, but are outside the immediate {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} with respect to each +other's succession. The reason for this will perhaps be more apparent as +the argument proceeds. + +That the grandson of a first cousin was outside the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} is clear +from the speech of Demosthenes already mentioned,(149) where the +plaintiff, who originally stands in that relationship to the deceased +whose inheritance is in dispute, is adopted as son of his grandfather +(first cousin of the deceased), in order to come within the legal +definition of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +That the son of a second cousin was also without the pale is directly +stated in several passages in Isaeus. + +(M71) It must be remembered that by "inheritance" is meant the assumption +of all the duties incumbent on the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, and that the man who +"inherited" took his place for the future as son of the deceased in the +family pedigree, and reckoned his relationship to the rest of the {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +thenceforth from his new position, in the house into which he had +come.(150) + +(M72) Now if it is true that to the great-grandson was the lowest in +degree to which property could directly descend without entering a new +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and if that great-grandson was also looked upon as beginning with +his acquired property a new portion of the continuous line of descent; any +one, who "inherited" from him and ranked in the scale of relationship as +HIS SON, would necessarily fall outside the former group and would be +considered as forming the nearest relative in the next succeeding group. +This, it seems, is the meaning of the language of the law which limits the +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} to the children of first cousins who could inherit from their +parent's first cousins, and still _retain their relationship as +great-grandsons_ of the same ancestor. Whereas any one taking the place of +son to his second cousin would be one degree lower down in descent, and +pass outside the limit of the four generations. The law makes the kinsmen +therefore exhaust all possible relationships _within the group_ by +reverting to the mother's kindred with the same limitation before allowing +the inheritance to pass outside or lower down. + +(M73) In confirmation of this view the following passage may be quoted +from _Plato's Laws_:-- + + + "He who in the sad disorder of his soul has a mind, justly or + unjustly, to expel from his family a son whom he has begotten and + brought up, shall not lightly or at once execute his purpose; but + first of all he shall collect together his own kinsmen, extending + to (_first_) _cousins_ ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}), and in like manner his + son's kinsmen by the mother's side,(151) and in their presence he + shall accuse his son, setting forth that he deserves at the hands + of them all to be dismissed from the family ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~})."(152) + + +Before dishonouring one of the family and so bereaving it of a member +owing duties which, by his disinheritance, may fall into abeyance or be +neglected, the parent calls together all to whom his son might perhaps +ultimately become the only living representative and heir, and who might +at some future time be dependent on him for the performance of ancestral +rites. That this was in Plato's mind when he wrote is shown by the next +sentence, in which he provides for the possibility of some relation +already having need of the young man and being desirous to adopt him as +his son, in which case he shall by no means be prevented. The concurrence +of all relations in such a position was therefore necessary. + +In other cases where Plato mentions similar gatherings of the kin but for +different purposes, he extends the summons to _cousin's children_. But +here it can be seen they would have no place. They would be second cousins +to the disgraced youth; they might have to share privilege or pollution +with him, but had no claim on him for duties towards themselves. He would +be "cousin's son" to his father's first cousins--the limit of such a claim +in the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + +(M74) In the speech of Isaeus concerning the estate of Hagnias, a real +second cousin is in possession of the estate. He won the case at the time +and died in possession, and an action against his son Makartatos for the +same property is the occasion of one of the speeches of Demosthenes. To +fully understand the relationships referred to in these cases, the +accompanying genealogical tree of the descendants of Bouselos may be of +assistance. It will also serve as an example of how a kindred hung +together, and how by intermarriage and adoption the name of the head of an +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was carried on down a long line of male descendants. + +[Illustration: Family tree of Bouselos.] + +Theopompos, in the speech of Isaeus, had taken possession of the estate of +his second cousin Hagnias, as his next of kin and heir. Throughout the +speech he is styled {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} so as to bring him within the phraseology +of the law, and he successfully defends himself from the claims of the +next generation below--viz., his brother's son. But in the speech of +Demosthenes against his son Makartatos, who had taken possession at his +father's death of the disputed property, it is represented that his father +had got possession only by defeating another claimant, Phylomache II., by +"surprise," as it was called, by stating that her grandmother through whom +she traced her claim was only half-sister to Hagnias' father. But +Phylomache's husband, having caused their son Euboulides III. to be +adopted as the son of Euboulides II.--his wife's father and Hagnias' first +cousin, a quite regular course for the grandson inheriting through his +heiress mother--proved that his wife's grandmother was whole sister to +Hagnias father, and brought the action under the guidance of Demosthenes +against Makartatos. This Euboulides III. sued as true {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} and +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} of Hagnias.(153) He is described as having "one of +the titles mentioned in the law _as far as which_ the law bids the +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} go, for he is _cousin's son_ to Hagnias." + +On the other hand, Theopompos, father of Makartatos and second cousin of +Hagnias, is mentioned(154) as "being of a different {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} altogether," and +not at all related in such a way as to be heir of Hagnias ({~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMEGA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH DASIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} _{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}_ {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}), +being too far off in the family (or by birth). + +That the title of Theopompos (viz., second cousinship) was not valid, may +be inferred partly by the ruses he adopted to get possession, but more +especially by the fact(155) that none of the other second cousins on a par +with him, and with whom he ought to have shared, seem to have believed in +the validity of their titles, or at any rate taken the trouble to sue for +part of the estate. + +However this may be, there does not seem anything in these speeches other +than confirmatory of the view stated above of the composition and +limitation of the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + + + + + 3. Division Amongst Heirs. + + +(M75) Succession to the inheritance of an estate was ordained by law in +strict accordance with the ancient conception of the unity of the family. +On the death of the head of a family, unless the paternal {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was +voluntarily continued unbroken by his descendants, the natural course was +for each son ultimately to live apart and found a separate {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +consisting of himself and his offspring. Equal division amongst heirs was +therefore the rule in Greece; equal division, that is to say, between all +of equal grade. + +(M76) The Gortyn Laws have already been referred to as enforcing the +principle.(156) If a man died, his heirs were either his sons, or his +grandsons, or his greatgrandsons. If he had no children, his brothers, and +their children, or their grandchildren succeeded. + +The Athenian law was conceived in the same spirit, but mentions a further +point--viz., that in the division amongst sons, the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of any one of +their number who had died before the division, could be represented by his +sons or grandsons, who thus received their father's share. + +This system of representation probably existed also among the Gortynians, +though no mention of it is made in their laws, for it is inconceivable +that any of the grandsons could be deprived of all share in their +grandfather's estate by the mere death of the intermediate generation. + +But the division _per stirpes_ was not maintained throughout. It is +probable from the words of the Attic orators that equal division amongst +all of the same grade, such as nephews or cousins, took place _per +capita_, any deceased member of that grade being represented by his sons. +Representation, of course, could not take place in the case of a division +amongst cousins' sons, owing to the strict limitation of the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} to +four generations from the common ancestor; any deceased relation in that +degree therefore simply dropped out of the succession. + +(M77) It has generally been assumed that grandsons inheriting directly +from their grandfather, all the intermediate generation being already +dead, inherited none the less the shares of their respective fathers _per +stirpes_. But if the foregoing account of the unity of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and its +resemblance in its composition to the household of the Welsh tribal system +be correct, it seems more reasonable to suppose that, all the intermediate +generation being dead, the grandsons, in virtue of being all equally +related to their grandfather, would inherit in equal shares _per capita_. +Any dead grandson would of course be represented, as before, by his son or +sons. + +(M78) The evidence is not sufficient to justify more than a suggestion on +either side with regard to divisions amongst lineal descendants. With +regard to successions by relations outside of the direct line of descent, +such as nephews or cousins, it is almost certain that all of the same +degree took equal shares _per capita_. + +Following the law for daughters, quoted by Demosthenes(157)--viz., that +though all shared the inheritance of the property, only one need be dealt +with in view of securing the succession--the assumption can be made that, +when there were several heirs related in the same degree to the former +owner of the estate, one of their number would be set apart to continue +the household of their kinsman as his son, whilst the others merely took +their shares of the property divided to continue their own {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +respectively. + +The equal division of inheritance amongst kinsmen of equal degree _per +capita_, in combination with the system of representation above described, +is entirely consistent with the tribal conception of the household as +hanging closely together, its members always looking up to their venerable +head, in whom the ownership of the property vested, until by the death of +older generations and the consequent subdivision, each in his turn became +head of an {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and owner of its share in the ancestral property. + + + + + 4. Qualifications For The Recognition Of Tribal Blood. + + +(M79) It has been remarked above with what jealousy the purity of the +blood of the community was guarded. No child was admitted into the kindred +of its father until all concerned were fully convinced of the +blamelessness of its pedigree. In such circumstances it was no easy matter +to acquire the privileges attached to the possession of tribal or citizen +blood. It seems to have been considered that however great otherwise the +claims of a stranger might be, time alone could really render the +qualifications of his family complete. + +(M80) Under the ancient Laws of Wales no stranger's family could acquire +the full privileges of a Welsh tribesman or Cymro, as regards location on +land, until after many generations. But if they married Welshwomen, and +held land from generation to generation, the _greatgrandsons_ became fully +privileged tribesmen.(158) Similarly if a stranger voluntarily assumed the +position of serf to a Welshman, and his descendants did not choose to +depart, but remained in that position to the descendants of the Welshman, +the _greatgrandsons_ of the Welshman became proprietors of the +greatgrandsons of the stranger.(159) + +(M81) But for the stranger who merely resided in Wales and did not marry +into any Welsh tribe the period of probation was _three times as +long_--viz., the greatgrandson of the greatgrandson of his greatgrandson +was the first to attain to full tribal privilege-- + + + "Strangers and their progeny are adjudged to be aillts; also a + reputed son who shall be denied and his progeny, and evildoers of + federate country and their progeny, _unto the end of the ninth + descent_."(160) + + +_i.e._, the tenth man would no longer be reckoned an _aillt_ but a free +Cymro. + +The issue of a stranger obtains the privilege of a tribesman _in the +fourth person_ by legitimate marriages.(161) But the aillt or stranger, +who dwells in Cymru, does not attain until the _end of the ninth descent_. + +So too inversely:-- + +The title to inherit by kin and descent in the tribal land and rights of +his ancestors does not become extinct _till the ninth man_. The ninth man +in descent from a banished tribesman coming home and finding his title as +representative of his family seemingly extinguished, is to raise an outcry +that from a proprietor he is becoming a nonproprietor, and the law will +shelter him and adjudge him an equal share with the occupants he finds on +the land. This is called the "outcry across the abyss." The tenth man's +outcry cannot be heard. "Others say" that the ninth man is too late to +raise the cry.(162) + +This is exactly parallel to the case of the stranger resident in Cymru. +For _nine_ generations he is a stranger, and in _the tenth_ a Cymro. Here +for _nine_ generations is the Cymro abroad a tribesman, and in _the tenth_ +he is a stranger. + +(M82) From a passage in Deuteronomy it would appear that the +qualifications for admission as a full tribesman amongst the Israelites +were identical with those just mentioned. + +The Israelites had purified themselves of the ancestor worship, that so +long survived in Greece, and had, if one may say so, amalgamated all their +minor deities and tribal superstitions in their one great monotheistic +religion. Even then their tribal minds could not carry back their theology +behind the known history of their own ancestors. Their God was the God of +Abraham, Isaac, and Jacob, and was in their conception the greatest of +Gods--_i.e._, greater than the Gods of other peoples, the existence of +which their own beliefs did not preclude. Thus where in Attic writers we +have mention of the religious rites of the family (which a stranger or +polluted man might not approach), and of the partaking therein as proof of +the whole admission and pure blood of those present, so in Deuteronomy the +expression "the Congregation of the Lord," is used to denote that sacred +precinct, forbidden to all save pure tribesmen of Israel. + +It may be inferred from the following passage that if a stranger resided +in Israel, and his family continued to do so for nine generations, the +tenth generation would in any ordinary case be admitted to the +Congregation of the Lord as full Israelites. + + + Deut. xxiii. 2 and 3. "A bastard, or an Ammonite, or Moabite shall + not enter into the congregation of the Lord _even to their tenth + generation_, for ever." + + +(M83) In special cases (exactly as was the rule in Wales)--such as the +Edomite who was partly akin already, and the Egyptian who was united to +the Israelites by the mysterious bonds of hospitality--a shorter sojourn in +the land was held to qualify for full tribal privilege. + + + Deut. xxiii. 7 and 8. "Thou shalt not abhor an Edomite, for he is + thy brother: thou shalt not abhor an Egyptian, because thou wast a + stranger in his land. The _children_ that are begotten of them + shall enter into the congregation of the Lord _in their third + generation_." + + +The third generation of _children_ would be the _greatgrandchildren_ of +the original settler, and this is just one third of the length of time +implied as required from the ordinary stranger, who only attained the +tribal privilege in the third succession of greatgrandchildren. + +It is worth notice in this connection that the land of Canaan was divided +up in the names of the _greatgrandchildren_ of Abraham, to whom the +promise was made; Ephraim and Manasseh, the sons of Joseph, taking their +place amongst the others by adoption as sons by their grandfather Jacob, +on an equality with his other sons.(163) + +(M84) These rules are not to be found with the same distinctness surviving +at Athens, but there is a good deal of evidence showing how jealously the +introduction of strangers to citizenship--which retained much that made it +the later equivalent of the tribal bond--was regarded. + +Strangers made citizens (formally, ceremoniously, and by public vote) by +the Athenian people cannot hold office as archon or partake of a holy +office ({~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}); but their _children can_, if they are born from a +citizen wife duly and lawfully betrothed.(164) That is to say, that the +Athenians considered it necessary that there should be actually citizen +blood in the veins of all who held office amongst them.(165) + +(M85) The abhorrence in which the introduction of alien blood was held is +illustrated by the Athenian law concerning marriage with aliens, quoted by +Demosthenes in his speech against Neaera. + + + _Law_: "If an alien shall live as husband with an Athenian woman + by any device or contrivance whatever, it shall be lawful for any + of the Athenians who are possessed of such right, to indict him + before the judges. And if he is convicted, he shall be sold for a + slave and his property confiscated, and the third part shall + belong to the person who has convicted him. And the like + proceedings shall be taken if an alien woman live as wife with an + Athenian citizen, and the citizen who lives as husband with an + alien woman so convicted shall incur the penalty of 1,000 + drachmae." + + +(M86) Citizenship was considered the highest of privileges, and was +conferred only on persons worthy of great honour. Any citizen could bring +an action against the newly-admitted stranger to test his real merits, and +even after formal acceptance by the people of Athens, if he failed to +justify his claims at such a trial, his new honours were stripped from him +and he remained an alien. This being so, it cannot be expected in the +comparison that he should rank with the ordinary resident in Cymru in the +Welsh Laws, but rather as the chieftain whom the people wished to honour +by admission to their tribe. + +It is stated in the Welsh Laws that the _son_ of a stranger chief, to whom +honour was to be given, entered the whole privilege of the tribe. + +(M87) According to Aristotle,(166) candidates for archonship at Athens +were asked their father's name and his deme, their grandfather's name and +his deme, their mother's and her father's name and his deme;(167) whether +the candidate had an Apollo Patroios and Zeus Herkeios, and where these +shrines were: also if he treated his parents well and paid his taxes. + +In order to be perfectly sure that the candidate was of full and pure +blood, they investigated the condition of both his grandparents, and, as +further proof, assured themselves that he had a house and property of his +own, and that too inherited from his ancestors. Furthermore, he must be +guilty of no impiety towards his parents or the State. + +If it were the case at Athens that the fourth generation from a stranger +was considered as having attained to the rights of a citizen, it mattered +little what a man's _greatgrand_father was. He might have been an alien, +yet if the intermediate ancestors were "in order," the candidate would +have acquired the full blood.(168) + +(M88) In the _Oedipus Tyrannus_,(169) Sophocles apparently uses the +expression "slave from the _third_ mother" as implying that three descents +were considered to confirm the position of the fourth generation as slave +or citizen, or whatever the case might be. Oedipus assures Jokasta that +_her_ pedigree and status will remain unimpugned, even though the enquiry +he is prosecuting establish him thrice-born a slave from slave mother, +slave grandmother, and slave greatgrandmother. + +In elections for sacred offices, which appear to have been about the last +things laid open to the new citizen, the possession of three generations +of privileged ancestors was in some places insisted on. There is an +inscription to this effect belonging to Halikarnassos;(170) and some +similar rule seems to have held good among the Jews. + + + "These sought their register among those that were reckoned by + genealogy, but it was not found; therefore were they, as polluted, + put from the priesthood (_{~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}_ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~})."(171) + + +The book of Nehemiah closes with the triumphant verse: "Thus I cleansed +them from all strangers." + +(M89) The rule in the _Ordinances of Manu_ for the recovery of Brahman +caste is just halfway between the tenth and the fourth generations--namely, +the seventh, or _greatgrandson of the greatgrandson_ of the first +halfcaste. This is only the case when each generation marries a Brahman +wife. + + + "If (the caste) produced from a Brahman by a Cudra woman keeps + reproducing itself by nobler (marriage) this ignoble attains a + noble family _at the seventh union_ (Yuga)."(172) + + +Thus:-- + + + If (1) the halfcaste marries a Brahman woman and + (2) his son do. + (3) his grandson do. + (4) his _greatgrandson_ do. + (5) _his_ son do. + (6) his grandson do. + (7) his _greatgrandson_ do.--at last his family is restored to + their lost high caste. + + + + + 5. Limitations Of Liability For Bloodshed. + + +(M90) The {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, limited to relations within the same degrees as for +other purposes, seems to be the unit in the case of pollution of the +kindred by the death--violent or natural--of one of their number. + + + "Whosoever(173) being related to the deceased on the male or + female side of those _within the cousinship_ ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), + shall not prosecute the murderer when he ought and proclaim him + outlaw, he shall take _upon himself_ the pollution and the hatred + of the gods ... and he shall be in the power of any who is willing + to avenge the dead...."(174) + + + "The pollution cannot be washed out until the homicidal soul which + did the deed has given life for life and has propitiated and laid + to sleep the wrath of the whole family" ({~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}).(175) + + + "If a brother wound a brother ({~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) the parents ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) + and the kinsmen ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}) to _cousins' children_ on male and + female side shall meet and judge the case."(176) + + +Ransom was forbidden; citizen was bound to citizen with ties that had +inherited too much of the tribal sanctity to admit of any extenuation of +the extreme penalty. + +It was no doubt a wise policy on the part of the legislators, with the +view to the preservation of respect for life and property, to make the +responsibility for murder rest as widely as possible, and include as many +relations and connections on both sides as might be. In order also that +the wife, in case her husband was killed, and the daughter, in case her +father was killed, might be fully protected and represented among the +prosecuting kindred, the law of Draco seems to lay the necessity for +action also on the father-in-law and the son-in-law. The _phratria_, being +such a compact organisation and exacting such formal admission of its +members, would naturally be concerned to see that justice was dealt to any +of its number. Though we cannot include the _phratores_ amongst those +directly responsible equally with the near kinsmen for crimes committed by +one of their number, they would always have to take a certain part in +whatever was necessary to bring him to justice, besides being generally +concerned in all matters relating to kinship, which affected any member of +their _phratria_. + +(M91) "Proclamation shall be made against the murderer in the agora within +[? his] cousinship and (the degree) of a first cousin, and prosecution +shall be made jointly by cousins and _cousins' children and descendants of +cousins_, and sons-in-law and fathers-in-law and _phratores_." + +That Demosthenes here quotes a genuine law of Draco is proved by an +inscription found at Athens belonging to the year 409 B.C., recording this +sentence as part of the law of Draco about murder.(177) + +In another place Demosthenes thus refers to the action of this law:-- + +"The law commands the relations to go forth and prosecute as far as +descendants of cousins; and in the oath it is defined what the +relationship actually is, etc."(178) + +The use of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} in addition to {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} in Draco's law above is +emphatic as implying that as regards pollution the group of relations to +second cousins were treated _en masse_ as under the stain; they had not +yet, so to speak, reached the point where they could divide up their +responsibility. + +(M92) If the murder was committed within the narrow limits of the +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} itself, the double pollution of the bloodspilling and the blood +spilled rested upon the whole group with overwhelming force. + +Plato(179) treats of such a calamity and prescribes the remedy. If a man +slay his wife, or she her husband, his children are orphans; their debt of +maintenance to their parent is cancelled; he must flee; they possess his +goods. If he is childless, his relations shall meet _to the children of +his cousins_ on the male and female side (_i.e._ all his possible heirs) +and shall elect not one of themselves, but a younger son of some other and +pious family to bring in new blood with better fortune to counteract the +curse, as heir to the house ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}), introducing him to +the father of the banished (or deceased) man and to those further back in +the family ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}), calling him their _son_, the continuer +of their family ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}), their hearth-keeper ({~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), and minister +of their sacred rites.... But the guilty man they shall "let lie," +nameless, childless, portionless for ever.(180) + +(M93) In the ancient Laws of Wales the blood-fine takes a very important +position. But whereas all the relations of the murderer are liable to be +called upon to pay the "Spearpenny," as it is called, only the inner +kindred within fixed degrees contribute proportionally to the payment of +the price. The group upon which this responsibility falls is twice as +large in the Welsh Laws as at Athens, and includes _fifth_ cousins, or the +greatgrandchildren of greatgrandchildren of a common ancestor. + +The Dimetian Code describes the relations who pay galanas as follows.(181) +Those beyond only pay "spearpenny." + + Father and mother. + Grandfather. + Greatgrandfather. + Brother and sister. + First cousins. + Second cousins. + Third cousins. + Fourth cousins. + Fifth cousins. + +According to the Gwentian Code, _fifth_ cousins share. "There is no proper +share, no proper name in kin further than that."(182) + +The Venedotian Code states that galanas is paid by the kindred: two parts +by the relations of the father, one part by the relations of the mother, +to _sixth cousins_. All kindred after sixth cousins pay spearpenny.(183) + +The sixth cousin is also called "kinsman son of a fifth cousin, and then +_the father (i.e. the fifth cousin) pays it_, because his relationship can +be fixed, _but the relationship of his son to the murderer cannot_." + +(M94) The defilement of carrying out a corpse and assisting at a funeral +also covered the same area of relationship at Athens--_i.e._ the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. +The house of the dead man was only to be entered by those naturally +polluted. + + + "After the funeral no woman to enter the house save only _those + defiled_; to wit--mother, wife, sisters, and daughters; beside + these not more than five women and two girls, _daughters of first + cousins_: beyond these, none."(184) + + +Demosthenes quotes the law of Solon to the effect that-- + + + "No woman under sixty years old to enter the house or follow the + corpse except those within {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}): no woman _at all_ may enter the house after the carrying + out of the corpse except _those within_ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}."(185) + + +All those near of kin assist in the funeral. + +The payment of the blood-fine by the whole family of the murderer was +considered necessary to allay the vengeance and anger of the family of the +murdered man within the same area of relationship. In Wales the members of +the family who received the galanas, did so in proportion to the +importance of their position in the transmission of the kindred blood, +according to a classification identical with their proximity in +relationship to the dead man, and their expectation of inheritance from +him or succession to his place. + +(M95) The inclusion of the mother's relatives and their liability in these +circumstances, in addition to the paternal relations, follow naturally +enough in Wales as in Greece when once the transmission of inheritance +through a woman, in default of male heirs, had become a recognised +possibility. A woman's sons might always be called upon under certain +circumstances to take inheritance from _her_ father or next of kin. They +therefore quite fairly shared in the claims as well as the privileges of +their position. And _vice versa_, in exchange for the priceless guarantee +of continuity provided by a woman's offspring to her relations, they too +would be prepared to undergo a part of the penalties incurred by any of +those who might rank some day as their next of kin, or as their sons. + +This view of the source of their recognition as members of the kindred +responsible for the blood-fine in Wales is confirmed by a statement in the +Venedotian Code.(186) Those women and clerks who can swear that they will +never have children, and so are useless for the preservation of continuity +in the families to which they belong, are specially exempted from +contribution to the galanas, inasmuch as they have forsworn the privilege +of attaining through posterity a share in the immortality on earth of +their kindred. + + + + + +CHAPTER IV. THE RELATION OF THE FAMILY TO THE LAND. + + +{~GREEK CAPITAL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ETA WITH DASIA AND VARIA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~}, {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER NU~}, ... +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}, +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}, {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} +{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + +Homeric Hymn. + + + + + 1. The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And Its Form. + + +In trying to realise the methods of land tenure amongst the Greeks, we are +baffled by the indirectness of the evidence available. + +(M96) We know that the estate which descended from father to son, and was +in theory inalienable from the family of its original possessors, was +called a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or "lot," but the familiarity with which the poets, +historians, and orators use the word does not afford information as to +what the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} really was and how it was made use of in practice. The law +concerning these family holdings, says Aristotle,(187) and concerning +their possible transmission through daughters was not written. It was a +typical example of customary law. This statement gives a hint as to the +usual treatment of questions arising under this head. Methods of land +tenure were not of rapid growth, nor were they easily changed; they had +their source with the slow devotion to agriculture of pastoral tribes, and +were dependent on a class unaffected by the growth of education and the +arts. + +(M97) The intricate connection of the system of land tenure with the +composition of the family removed the consideration of questions of +ownership from the sphere of written law, and delegated them to the most +conservative department of customary procedure, ranking them on a par with +questions of family religious observances.(188) The deposit of some +ancestor's bones in a certain field was occasionally a valuable link in +the title to possession of that piece of land as private property;(189) +and the possession of land at all was in part a guarantee of the pure +native blood in the veins of the possessor.(190) It is a striking +illustration of the truth of this that, throughout all the extant speeches +of Isaeus dealing with the disposal of {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} of dead citizens, not a +single case turns upon evidence for or against a sale or transfer of +property. The speeches all deal exclusively with family matters; the line +of argument always leads to the proof of near kinship by blood or adoption +to the previous owner; and the right of possession of the inheritance +seems taken for granted as following incontrovertibly the establishment of +the required relationship.(191) + + + "It seems to me that all those who contend for the right of + succession to estates, when like us they have shown themselves to + be both nearest in blood to the person deceased, and most + connected with him in friendship ({~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~}), are dispensed from + adding a superfluity of other arguments."(192) + + +(M98) In the early settlements, as Thucydides tells us, necessity was the +ruling motive. Each man devoted his attention to providing the necessaries +of life. There was superfluity neither of chattels nor of tilth. Men +hesitate to sow when the harvest is to be reaped by their enemies.(193) +The flocks and herds of the pastoral tribes could be driven for safety +into the mountain strongholds; yet even they were liable to frequent +losses. On one occasion Odysseus had to go to Messene "to recover a debt; +which, to wit, the whole people owed him ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}): for the Messenians +had lifted 300 sheep with their shepherds from Ithaka."(194) As the +newcomers increased in numbers and gained a reputation for ability to +defend their own, sufficient to discourage the attacks of their +neighbours, they would have leisure to devote some of their energies to +the cultivation of the plains around them. Troy was founded first up in +the hills,(195) and afterwards was moved down to a good position on the +lower ground for the sake no doubt of the better pasture in the river +meadows, and of the agriculture which had long been carried on over the +"wheat-bearing plain" around the city,(196) before the ravages of the ten +years' war. + +It is not proposed to enter in detail into the _methods_ of cultivation of +the soil in vogue at various times in Greece; but inasmuch as whilst +studying the kernel, assistance may often be obtained from knowledge of +the shell, mention may be made in passing of such few points of interest +in the physical features of agriculture as may be available. + +(M99) In the Consular Reports on Land Tenure in Europe made in 1869, +descriptions are given of the existing methods of tenure and cultivation +in Greece and the Islands. + +In Greece the usual holding of a small proprietor is said to be of fifteen +to twenty-five acres (or sometimes double that area), and is called a +_zeugarion_.(197) Many have only a couple of acres. + + + "The greatest inconvenience and frequent lawsuits arise from the + manner in which these properties intersect each other. Moreover + none of the usual precautions are adopted to mark the limits of + the different properties, which, in the absence of any reliable + land survey, are often very vaguely described in the title + deeds."(198) + + +In cases of intestacy real property is divided equally among the children +or nearest relatives. When there is a will the testator can only reserve +for his disposal a share of the estate equivalent to that which, after an +equal division, descends by right to each of the direct heirs. + +(M100) Professor Ansted, in his book on the Ionian Islands in the year +1863, thus describes the management of an estate on the Island of Santa +Maura:--(199) + + + "According to Ionian law, all the members of a family share + equally in the family property after the death of the father; but + it does not follow as a matter of course that the property is + divided. It is much more usual that the brothers and sisters, if + young, continue to live together till they either marry or + undertake some employment or business at a distance. If a sister + marries, she is dowered with a sum equivalent to her share. If a + brother however earns a separate income, from whatever source, + whether he be married or remain single, and whether he live in the + same or a different house, or even remove to another town or + island, he pays in all his income to a joint fund, _the foundation + of which is the income obtained from the paternal estate_. Those + who do nothing else manage the estate. One brother, perhaps, + remains in the village as cultivator, another lives in the town + acting as factor, or merchant to the estate, receiving and selling + the produce and managing the proceeds, whatever the case may be; + and in addition selling, exporting, and otherwise conducting a + general business in the same department. A third may perhaps + receive and sell the goods in a foreign country. A fourth may be a + member of the legislature, and a fifth a judge. Some marry and + have families, others remain single: but the incomes of all are + united, each draws out a reasonable share, according to his needs, + and a very close account is kept of all transactions. If one + brother dies, his children come into the partnership; and as time + goes on, these again will grow up and marry, the daughters + receiving a proportional and often large dower out of the joint + fund, entirely without reference to the special property of their + parents. This may go on indefinitely: but as family quarrels will + arise, _there are always means of terminating the arrangement_, + and closing accounts, either entirely as regards all, or partially + as with reference to a _mauvais sujet_, or troublesome member of + the partnership.... This curious patriarchal system, though + obtaining more perfectly and frequently in Santa Maura than in the + other islands, exists in Cephalonia and is said to be not quite + unknown in Zante, where the state of society approximates far more + to that common in the western countries of Europe. Santa Maura, + being the most isolated of all the islands and that which retains + all ancient customs most tenaciously, is naturally that in which + this sort of communism can exist with smallest risk of + interference." + + +According to the Consular Reports, the relations between landlord and +tenant are governed more by local usage than by law, and the landlord +generally takes on an average about 15 per cent. of the produce in kind on +the threshing-floor, as rent, in cases where he does not supply more than +the bare use of the land.(200) + +(M101) There is little manuring; the light plough barely turns the surface +of the land. Land is usually allowed to lie fallow every other year, +sometimes two years out of three. Sheep and goats are the chief stock; +they of course graze in summer on the mountains; villages sometimes own +forests and waste lands in common. + +(M102) In the islands of the Archipelago,(201) the holdings are frequently +divided into separate plots consisting of a quarter or half acre apiece or +even less, intersected by those belonging to other parties. Cattle are +pastured on the fallow, roadsides, &c., near the village. + +In Cephalonia,(202) holdings consist of from five to twenty-five acres, +seldom in a continuous piece, but "cut up into patches and intersected by +other properties." + +In Corfu,(203) the holdings are similar--infinitesimally small and +intermixed pieces of land, especially in the olive groves, where however +there are no divisions on the land and the "oldest inhabitant" has to be +asked for evidence of ownership in disputed cases. + +Throughout the Greek nation, the peasants live in their houses in villages +and not on separate estates. They help one another to avoid the expense of +hired labour, and themselves work for hire on the estates of the large +proprietors. + +(M103) Professor Ridgeway has drawn attention to the knowledge of this +open field system in the _Iliad_ and _Odyssey_;(204) and indeed the +division of the land tilled by occupants of villages into small pieces or +strips, in such a way that the holding of each consists of a number of +isolated pieces lying promiscuously amongst the strips of others, over the +whole area under plough, is a world-wide custom and is the habit alike of +the east as of the west. + +Though the assertion cannot yet be made that the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was thus arranged +on the soil, it can do no harm at any rate to bear in mind this ancient +and still used method of dividing land, whilst considering the question of +the relation of the ownership of the soil to the rank and status of the +tribesman. + + + + + 2. The Relation Of The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} To The {~GREEK CAPITAL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +(M104) The connection of the possession of land with the headship of the +family finds its counterpart in the right of maintenance of those who had +the true blood of that family. And in those countries where the sons +remained until their father's death under his _patria potestas_ they had +to look to him for maintenance derived from the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} which descended to +him as the means of sustenance for himself and his family. Where the head +of the family alone was responsible for the rites to the dead at the +family altars, the position of a son would always be incomplete if he +tried to establish during his father's lifetime a hearth and household of +his own. And it has been already mentioned that it was necessary to +emancipate a son from the family of his own father, before he could take +property, passing on the death of his mother's relations to her issue, and +assume his rightful position as their representative and the living head +of their household.(205) + +According to Harpocration, the initiation into the mysteries of the hearth +only took place on the actual assumption of the inheritance.(206) + +(M105) Occasionally a father feeling the weight of years would be glad to +pass on to his son during his lifetime some of his burden of +responsibility by making him master of his estate ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}).(207) In this case, the son would be responsible for the +maintenance of his parent, a duty much insisted on by Plato and Isaeus. In +fact the conclusion is justified that the family, until final subdivision +into separate {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, drew its supplies from the common inheritance, and +that the subdivision of the means of subsistence was contemporaneous and +co-extensive with the differentiation of the various branches of the +original {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} along the lines of the rising generations. + +The same may be inferred from the words of Demosthenes describing the +division of the property of Bouselos amongst his sons and the foundation +of their several {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. + + + "And all these sons of Bouselos became men, and their father + divided his substance amongst them all, with perfect justice. And + they having shared the substance, each of them married a wife + according to your laws, and there were born children to them all, + and children's children, and there grew up five {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} from the one + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of Bouselos, and each dwelt apart, having his own house and + his own offspring."(208) + + +In the meanwhile, before division, all sons had equal right to participate +in the family goods after the father's death, and dowries had to be paid +therefrom to the daughters. The eldest brother was guardian ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of +his sisters and those of his brothers who were minors, inasmuch as he +succeeded to his father's position of head of his kindred at the altars of +their ancestors. But in Greece at any rate his authority over his brothers +when once a division had taken place seems to have been slight if it +existed at all. + +(M106) Amongst the Gods, the three brothers Zeus, Poseidon, and Hades, +sons of Rhea, shared their inheritance from their father Kronos. They +divided everything in three, shaking lots thereover ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}). Each +took equal share of honour ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}), but earth and Olympos were +common ({~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}) to all.(209) But Zeus was the first-born and "knew more +things"--{~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}(210)--and Poseidon +therefore avoided open strife with him, however unwillingly. Though Zeus +be the stronger, grumbles the Sea-god, let him keep to his third share and +not interfere with his brothers' pleasure on their common ground, the +earth. Let him threaten his sons and daughters who needs _must_ listen to +him ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~}). Yet because the Erinnyes ever take the side +of the eldest born--{~GREEK SMALL LETTER OMEGA WITH DASIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}--it were good +counsel to knock under, even though the division was made in perfect +equality ({~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~}).(211) + +(M107) This passage contrasts the recognised autocracy of the head of the +family over his own household with the courteous deference of the younger +brothers towards the eldest; and it is evidence, so far as it goes, that +the eldest brother did not succeed to his father's power over his grown-up +brothers, but owed what influence he did not obtain from the superior +advantages of his age and experience, to a superstitious feeling that +something was due to him in his position of head of the eldest branch of +the family. + +In the _Odyssey_,(212) Zeus gives Poseidon the title of "eldest and +best"--{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}--and elsewhere Hera lays claim to the same +birthright.(213) + +The power of the head of a household must have been something much more +real. Telemachos declares that he is willing that some other _basileus_ in +Ithaka should take the kingship, but he will be master over his own +house--{~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER XI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}--"and over the slaves that the divine Odysseus +won for me."(214) + +In the Homeric Hymn to _Hestia_, that deity receives the title of honour +of firstborn: the poet, by a fanciful blending of ideas, implying that the +honour paid to the sacred hearth by the eldest of the family, fell to her +share as the eldest born of the children of Kronos.(215) + +Aristotle says that every household is ruled ({~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}) by its oldest +member,(216) and gives this prerogative of the household-_basileus_ as the +type and origin of the kingship in the village and the State. Reference +has already been made, in the section on the limitations of the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, +to the passage in the Gortyn law, viz.-- + + + "The father shall have power over the children and the property to + divide it amongst them.... As long as they (the parents) are alive + there is no necessity for division."(217) + + +(M108) But it must be borne in mind that though the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was set apart +in theory for the use and sustenance of a head of a family with all his +descendants, and was supposed to be inalienable therefrom, there is no +reason to suppose that there existed among the Greeks a system of joint +holding between father and son. The ownership and management of the +property vested in the head of the family. It is true that brothers did +not always divide their inheritance on the death of their father, but +their undivided right to their respective equal shares remained to each +one and his descendants as an individual property, and they always seem to +have had the expectation of an ultimate subdivision amongst the separate +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} that had sprung into being.(218) + +(M109) The Gortyn Laws throw some light on the subject. + +As long as the father is alive, no man shall buy or receive in pledge from +the son any of the father's property. But what the son himself has earned, +or inherited, he may sell if he like. + +So too the father may not dispose of the goods of the children which they +have earned or inherited. + +Yet may a son's prospective share in his paternal inheritance be sold to +pay any legal fine he has incurred.(219) + +(M110) There is no joint holding here between father and son. The father +is in undisputed possession, and nothing the son can do by private +contract can affect his father's occupation. But if the son had a right of +maintenance from his father during the lifetime of both, his expectation +of succession to an equal share with his brothers would give him, so to +speak, a value in the public eye. In the event of his incurring a +blood-fine, his father would presumably be obliged to pay it out of the +patrimony; and when exaction of such penalties passed into the hands of a +court, exception would hardly be made for long on behalf of the fine for +murder over penalties for other crimes coming before the court. Although +therefore for all ordinary purposes a son had no claim on the paternal +estate beyond his maintenance, his right of succession might easily grow +up in the eye of the law as an available asset capable of forfeiture with +the theoretical assumption that the scapegrace was unfit to hold his +position in the family.(220) His future portion, thus becoming deprived of +a representative, might be wholly or in part confiscated to the State. +There are many inscriptions confiscating to the State the goods of +criminals who transgressed the laws therein; but Plato evidently +contemplated the possibility of wiping out the individual without +depriving his descendants of their inheritance.(221) In such a case as +wife-murder, he says, the husband's right of maintenance is extinguished +from amongst his family, he should be banished and his name wiped out for +ever, whilst his sons or relations enter upon the inheritance of his +property _immediately_. No distinction is made by Plato, or in the Gortyn +Laws in such a case between chattels and land. But inasmuch as all fines +would be levied in the first instance upon the property of the guilty +individual, it may be assumed that his own earnings went first, and that +only in extreme cases would the ancestral land of the family be sold. Even +then, in Israelite law, it was expected that the land would be _redeemed_ +by the nearest relative,(222) so that the result would be that the land +would go out of the family only when no relative could be found rich +enough to pay the fine out of his chattels. + +(M111) It is interesting to find analogous provisions in the customs of +Gavelkind of ancient Kent. Under the system of Gavelkind equal division of +property amongst sons obstinately held its own against the incursions of +the right of primogeniture; and the connection of the family with their +land seems to have been regarded as especially privileged in spite of the +growth of Feudalism. + + + "If any tenant in Gauelkinde be attainted of felonie, for which he + suffereth execution of death, the king shall have all his _goods_, + and his heire forthwith after his death shall be inheritable to + all his _landes_ and tenements which he held in Gauelkinde in fee, + and in inheritance: and he shall hold them by the same services + and customes as his auncestors held them: whereupon, it is said in + Kentish: + + +"The father to the boughe, +"And the sonne to the ploughe."(223) + +(M112) It had become customary to allot to a bastard son who was prevented +by his birth from ranking with his brothers, and who had no place in the +kindred, some smaller substance as a means of subsistence. + +(M113) Odysseus pretends he was in this position, and relates how his +proud brothers allotted him but a small _gift_ ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}) and a house +as his portion.(224) + +Isaeus mentions that, only on the acquiescence of the true son, was +admission granted to a bastard into the phratria. Even then he was not +apparently taken into his father's family, but allotted a farm ({~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~}) +by his brother and, as it were, launched into the world to start a family +of his own, without any further claim upon the property of his +father.(225) + +His introduction and admission to a phratria and deme, as a descendant of +an old family, so far removed the stigma of his birth as to give him the +title of citizen, and thus afforded him the qualification for holding +land. Yet the knowledge of his real parentage bereft him of the right of +sharing equally with the rest of his father's sons, and compelled him to +be satisfied with the bare means of subsistence wherewith to found and +continue a house of his own.(226) + +(M114) When citizenship was conferred upon a beneficent stranger, it was +the custom at the same time to assign him and his descendants a house and +some land. We hear of grants on such occasions consisting of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in +the plain, a house, and a garden free of taxes; a _half_-{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in the +plain, a house and a garden of half the area of the preceding grant, &c. +In the fourth century B.C. a similar grant takes the form of so many +plethra as a patrimony or ever. Sometimes, as at Sparta in the second +century B.C., the estate was allotted to the newly-made citizen only on +condition of residence within the borders of the State.(227) + + + + + 3. The Householder In India: The Guest. + + +(M115) Sir Henry S. Maine in his _Early Law and Custom_(228) quotes Narada +in illustration of the composition of the early Indian family. A son "is +of age and independent in case his parents be dead: during their lifetime +he is dependent, even though he be grown old." + +Further information on this subject is afforded by the Ordinances of Manu, +where the position of the first-born with regard to his younger brothers +is given at some length.(229) + + + (M116) "After both the father and the mother (are dead), the + brothers, having come together, should divide the paternal + inheritance: for while the two (parents) are alive the (sons) have + no power (over the property). + + + "Now the eldest (or best) alone may take the paternal property + without leaving anything, and the remaining (brothers) may live + _supported by him_ just as (if he were their) father."(230) + + + (M117) "By means of the eldest (son) as soon as he is born a man + becomes possessed of a son, and is thus cleared of his debts + towards the manes; therefore this (eldest son) deserves the whole + (inheritance)." + + +Likewise: "If among brothers born of one father, one should have a son, +Manu said _all those brothers_ would be possessed of sons by means of that +son."(231) But this seems to apply only to the son born to the eldest, for +if a younger brother married before the eldest and performed the daily +sacrifices, he sent himself, his brother, and his wife "to Hell."(232) + +The eldest, if he performs his duty, "causes the family to flourish" and +"is most honoured among men." He alone is "duty-born," through him his +father "pays his debt"; other sons are only "born of desire." As long as +his conduct is befitting, he must be honoured "like a father, like a +mother," but if not, he only receives the respect of an ordinary +relative.(233) + +The brothers may live together in this way,(234) but if they divide and +live apart, the separate ceremonies necessitated by their separate +households will multiply the performance of religious duties, to the +advantage of all. + +(M118) The title of _Householder_, moreover, was more than a name. + + + "As all beings depend on air, so all orders depend on the + householder." + + + "Because men of the three (other) orders are daily supported by + the householder alone with knowledge and with food, therefore the + householder (is) the chief order. That order must be upheld + strenuously by one desiring an imperishable heaven, and who here + desires perpetual happiness...." + + + "The seers, manes, gods, beings, and guests also make entreaty to + those heads of families for support. (This duty must, therefore,) + be done by a man of discernment."(235) + + + "As all rivers, ... go to (their) resting-place in the ocean, so + men of all orders depend on the householder."(236) + + + Let a householder perform the household rites according to rule + with the marriage fire and the accomplishment of the five + sacrifices and the daily cooking. The sacrifices are:-- + + + Teaching the Veda is the Veda sacrifice: + Offering cakes and water is the sacrifice to the manes: + An offering to fire (is the sacrifice) to the gods: + Offering of food (is the sacrifice) to all beings: + Honour to guests is the sacrifice to men. + + + "Whoever presents not food to those five, the gods, guests, + dependents, the manes, and himself, though he breathe, lives + not."(237) + + +(M119) The guest takes a very high place, and his presence is a revered +addition to the family sacrifices; so much so that it was thought +necessary to state definitely that "if the guest appears after the +offering to all the gods is finished, one should give him food as best one +can, but should not make (another) offering."(238) + +The same virtue seems to have been considered by the Greeks also to lie in +the presence of the guest. In Euripides' Elektra, Aigisthos, hearing from +Orestes that he and his friend are strangers, promptly invites them to +share as his {~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in his impending sacrifice of a bull to the nymphs, +promising to send them on their way in the morning.(239) + +Earlier in the play during the plotting of Aigisthos' death, it is taken +for granted that directly he sees them he will call them thus to join him +at the sacrifice and the feast.(240) + +Alkinoos expresses the feeling of the Homeric age when he says: + + + "In a brother's place stand the stranger and the suppliant, to him + whose wits have even a little range."(241) + + +Nestor at Pylos, making sacrifice to Poseidon with his sons and company, +welcomes the unknown Telemachos and Mentor to the sacrificial feast.(242) +When the duty of feeding the guests has been satisfactorily accomplished, +he then asks them whether they are merchants or _pirates_, that "wander +over the brine at hazard of their own lives bringing bale to alien men!" + +It would appear that the virtue lay in the hospitality of the host and not +in the worthiness of the guest, and that therefore it was worth while to +run the risk of having invited the presence of a polluted man whose +impiety in not refusing to partake would doubtless fall on his own head. + +(M120) To return to the organisation of the Indian inheritance:--The duty +of maintenance(243) of the younger members of the family devolves upon the +eldest son at the death of his father. If the brothers are all "perfect in +their own occupations," and they come to an equal division, "some trifle +should be given to the elder (brother) to indicate an increased respect +for him."(244) Also if in division there remains over an odd goat or +sheep, or animal, it goes to the eldest brother. + +If any brother has disgraced himself, he does not deserve a share in the +property.(245) + +Sisters' portions are allotted out of all the brothers' shares +equally.(246) + +Property is divided once only.(247) But if "on living together after being +separated, they divide (the inheritance) a second time, in that case the +division should be equal, (as) in that case no right of primogeniture +occurs."(248) + +The father's wealth acquired during his lifetime is at his own disposal, +and need not be divided amongst his sons.(249) Likewise with any property +acquired by the sons.(250) If "any one of the brothers, being able (to +support himself) by his own occupation, does not desire (his share of the) +property," he may be excluded from the division, but "something for his +support" should be given him to discharge his claim of maintenance from +the family at any future time.(251) + + + + + 4. Tenure Of Land In Homer: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +(M121) In the Homeric poems, written, as they are, from an aristocratic or +heroic point of view, a great gulf always exists between the royal or +princely class and the ordinary tribesmen. + +The {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}--the lion of his people(252)--has his select estate, his +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, with orchards and gardens of considerable extent; while the +swarms of tribesmen are allotted their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in the open field, their +share in the common pasture, and depend on each other for help in the +vintage and harvest. + +(M122) The possession of large estates and of multitudinous flocks and +herds was one of the privileges of the chieftain or tribesman of princely +rank. + + + "For surely his livelihood (_i.e._ Odysseus') was great past + telling, no lord in the dark mainland had so much, nor any in + Ithaka itself; nay, not twenty men together have wealth so great, + and I will tell thee the sum thereof. Twelve herds of kine upon + the mainland, as many flocks of sheep, as many droves of swine, as + many ranging herds of goats, that his own shepherds and strangers + pasture. And ranging herds of goats, eleven in all, graze here by + the extremity of the island with trusty men to watch them."(253) + + +Bellerophon migrated from his own country and settled under the patronage +of the king of Lykia.(254) He married the king's daughter, and to complete +his qualification and to confirm his princely status as a {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} of +Lykia, he was allotted by the Lykians an estate where the plain was +fattest on the banks of the river, consisting half of arable, half of +vineyard, the latter presumably on the slopes of the sides of the +valley.(255) Besides these no doubt he had flocks and herds on the +mountains, with steadings and slaves for their protection. It is +improbable that the fattest of the plain was unoccupied before, and it +must therefore be supposed that the system of agriculture was such as to +admit of such a partition and the consequent readjustment, or that the +dispossessed tribesmen had to compensate themselves with land out of the +common waste. + +In somewhat similar wise Tydeus at Argos wedded one of the daughters of +Adrastos, and dwelt in a house full of livelihood; and "wheatbearing +{~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} enough were his, and many were his orchards of trees apart, and +many sheep were his."(256) + +In the description of the Shield of Achilles in the _Iliad_ a vivid +contrast is drawn between the rich harvest of the {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} and the busy +toil of the tribesmen. + + + "Furthermore he set therein a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} deep in corn(257) where + hinds ({~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}) were reaping with sharp sickles in their hands ... + and among them the {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} in silence was standing at the swathe + with his staff, rejoicing in his heart." + + +Meanwhile henchmen are preparing apart a great feast for himself and his +friends, and the women are strewing much white barley to be a supper for +the hinds.(258) + +(M123) But in the great common field all was toil and action; many +ploughers therein drave their yokes to and fro as they wheeled about.(259) +The holding of the common tribesman was not an estate ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) cut out of +the plain, but an allotment ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), probably of strips as in Palestine +to-day, in the open fields that lay around the town. On the wheatbearing +plain round Troy(260) lay the stones that former men, before the ten +years' war, had used to mark the balk or boundary of their strips ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}).(261) One of these Athena uses to hurl against Ares, who, falling +where he stood, covers seven of the _pelethra_ that the stones were used +to divide. A pinnacle of stones is the only boundary to be seen to this +day between the strips of cornland in Palestine. Easily dislodged as these +landmarks were, they were specially protected by a curse against their +removal, and were with the Greeks under the awful shadow of a special +deity of boundaries.(262) They seem however to have been liable to +considerable violation. The ass, according to Homer, being driven along +the field-way, if his skin was thick enough, easily disregarded the +expostulations of his attendants, and made free with the growing +crop.(263) Homer also describes a fight between two men with measuring +rods in the common field,(264) and Isaeus(265) relates how an Athenian +citizen flogged his brother in a quarrel over their boundary so that he +afterwards died, whilst the neighbours, working on their land around, were +witnesses of what took place. + +Land was brought into cultivation, no doubt, as it was wanted. Achilles +contemplates that some of the rich fields of his friends may be +exceedingly remote, so that it would be a great thing to spare the +ploughman a journey to the nearest blacksmith. And no doubt the powerful +men of the community would, by means of their slaves or retainers, acquire +additional wealth by reclaiming lands out of the way and therefore +requiring a strong hand to protect them, which were profitable by reason +of their very fatness.(266) Such acquisitions would not be included in the +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of the prince, the very word {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} implying an area of land cut +out of the cultivated land of the community, generally described as being +in the plain ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). + +(M124) Such allotments of land seem only to have been made to princes and +gods, but when once allotted, remained as far as can be seen the property +of their descendants. It was a common fancy of the Homeric prince that he +was worshipped as a god, and they often mistook each other for some deity. +The godlike Sarpedon asks his cousin Glaukos, wherefore are they two +honoured in Lykia as gods, with flesh and full cups and a great +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(267) + +As the possession of full tribal blood was necessary for the ownership of +a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, so princely blood was the qualification for the enjoyment of a +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. The honoured individual need not be a king or overlord, but +besides his valour he must have in his veins the all-potent blood royal, +without which his privilege was no greater than that of other rich +tribesmen. + +It was not till the king of Lykia had satisfied himself that Bellerophon +was "the brave offspring of a god," that he gave him honour, and the +Lykians meted him out a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(268) This great {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} on the banks of +the Xanthos, half arable and half vineyard, remained in the possession of +his grandchildren, Sarpedon and Glaukos, apparently still undivided, +though they were not brothers but first cousins.(269) + +The king of the Phaeakians had his {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and fruitful orchard near but +apart from the fields and tilled lands of his townsfolk.(270) Odysseus it +seems had more than one {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(271) + +(M125) Once in the _Iliad_ the epithet {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is applied to a chief's +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(272) According to Hesychius, {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} means "handed down to one's +father from his ancestors,"(273) and Homer evidently uses the word in this +sense.(274) + +The kingship itself in Ithaka was considered as part of Telemachos' +patrimony: "Never may Kronion make thee king in sea-girt Ithaka, which is +{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} to thee by birth ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~})."(275) + +But though the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and the kingship were both equally {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}, they +did not together constitute an indivisible inheritance. Any one of the +blood could enjoy possession of the land, whilst the over-lordship must +necessarily descend in the eldest or the most able line. + +In his answer to the malignant wish quoted above, Telemachos does not +speak as if he contemplated giving up any tangible property. The bestowal +of the kingship, though due to him by inheritance ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) is in the +hands of the gods; he means to be master ({~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER XI~}) of whatsoever Odysseus his +father won for him. + +(M126) It is interesting to compare this choice of Telemachos with the +exactly opposite choice made by Iason, as told by Pindar, when he came +back to claim his inheritance which had been seized in the meantime by his +second cousin, Pelias. + +He has come home, he tells Pelias, to seek his father's ancient honour +which Zeus had of old bestowed on his great-grandfather Aiolos and his +sons. It is not for them now, being of the same stock ({~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}), to +divide the great honour of their forefathers with sword and javelin. He +will give up all the sheep and herds of kine, and all the fields of late +robbed from his sires, though they make fat beyond measure the house of +Pelias ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}). But the kingly sceptre and throne of +his father must be his without wrath between them. And Zeus, the ancestral +god of them both ({~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}), is witness to their +oath.(276) + +(M127) Property in land could also be accumulated in the hands of +individuals not necessarily of princely station. Odysseus tells a tale of +how he took a wife of "men with many {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}" ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) by +reason of his valour.(277) The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} must therefore at that time have +been at any rate roughly of some recognised area. Perhaps the tendency, so +fatal to Sparta, for the possession of the original shares or allotments +of many families to accumulate in the hands of the powerful or rich, had +already set in. In later colonisations and assignments of new land the +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} were often equally divided,(278) and the gift of citizenship, as +has been already mentioned, was sometimes accompanied by a grant of a +_half-kleros_ ({~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). Did the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} then represent in theory an +area of cultivated ground capable of sustaining a single household? + + + + + 5. Early Evidence _continued_: The {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +(M128) There are signs in Homer of the existence, already insisted upon +for later times, of the connection of the ownership of property with the +headship of a household. It follows that if the head of a family was the +only owner of land, the desire of establishing a family and thereby +preserving at the same time the acquired property and the name of the +possessor, made the acquisition of a wife a real necessity for the owner +of land. + +Eumaios, the swineherd, says that Odysseus would have given him a property +({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}), both an {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and a shapely wife.(279) And Odysseus +in one of his many autobiographies speaks of taking a wife as if it were +the necessary sequel to coming into his inheritance.(280) + +Even Hesiod, the son of a poor settler, without much property to keep +together, if we can take Aristotle's reading of the line, gives the +necessary outfit for a peasant farmer in occupation of a small {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, as +a house, a wife, and a plough-ox.(281) + +Aristotle quotes this line of Hesiod, in his argument that the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was +the association formed to supply the wants of each day,(282) its members +being called by Charondas, he says, {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} (sharers in the mealbin), +and by Epimenides the Cretan {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} (sharers of the same plot of +ground).(283) And he might have added that Pindar uses the word {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +to mean "twins."(284) + +(M129) A household, according to Aristotle, consisted thus partly of human +beings, partly of property.(285) + +So closely is the idea of livelihood bound up that of the house or {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, +that Telemachos can say without incongruity that his house is being +_eaten_ by the wooers:-- + + + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}.(286) + + +The sanctity shared by the hearth and its sustenance may be illustrated by +Odysseus' oath, which occurs three times in the _Odyssey_: "Now be Zeus my +witness before any god, and the hospitable board and the hearth of +blameless Odysseus whereunto I am come."(287) + +(M130) When once the hospitable board had laid its mysterious spell on the +relations of host and guest, the bond was not easily dissolved. Glaukos +and Diomedes meet "in the mid-space of the foes eager to do battle," +fighting on opposite sides. Nevertheless because the grandfather of one +had entertained the grandfather of the other for twenty days and they had +parted with gifts of friendship, their grandsons refrain from battle with +each other, pledge their faith, and exchange armour as a witness to others +that they are guest-friends by inheritance ({~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} +{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}).(288) + +If such force lay in the entertainment of a guest for a few days, some +idea can be formed of the virtue underlying the meaning of such words as +{~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} and {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, and binding together those habitually nourished at +the same board. + +(M131) If sons married during their father's lifetime without any +particular means of livelihood, they could live under his roof and +authority, forming a great patriarchal household like that of Priam and +his married sons and daughters at Troy. But when a household dispersed +before the marriage of the sons and the inheritance was divided amongst +them, it was deemed indispensable for them to take wives, and each provide +for the establishment of his house and succession. This necessity is the +underlying motive of the compulsion over the only daughter left as +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} to marry before a certain age, exercised by the Archon at +Athens. There the idea of the need of a continuous family (as well as for +other purposes), to keep together the property, had grown up apparently as +a reflection, so to speak, of the obvious importance of the property to +the family for the maintenance of itself and its ancestral rites. + +Though evidence is wanting for the _raison d'etre_ of this sentiment in +Homer, the existence of the feeling can hardly be denied. + +The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, at any rate, continued to pass from father to son in the +family of the tribesman or citizen. Hector encourages his soldiers by +reminding them that though they themselves fall in the fight, their +children, their house ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), and their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} will be unharmed, provided +only that the enemy are driven back.(289) + +The sentiment that a man was not really "established," according to the +estimation of the Homeric Greeks, until the continuity of his house was +provided for, seems to explain the two references to Telemachos in the +_Iliad_. Odysseus is twice mentioned, as Mr. Leaf points out in his +_Companion to the Iliad_,(290) as the father of Telemachos, simply because +it was considered a title of honour to be named as sire of an established +house. No other mention of Telemachos occurs in the _Iliad_. + +Failure of heirs was, as in later times, the great disintegrating factor +and danger to the continuity of the family holdings. As long as a direct +descendant was to be found, the property was safe. + +Eurykleia comforts Penelope in her fear for the absent Telemachos, +saying:-- + + + "For the seed of the son of Arkeisios is not, methinks, utterly + hated by the blessed gods, but someone will haply yet remain to + possess these lofty halls and the _fat fields_ far away."(291) + + +Is it by accident that she here chooses the name of Arkeisios to describe +the head of the family of Laertes and Odysseus? He was Laertes' father, +and in Telemachos, if he was preserved alive, he would thus have a +_great-grandson_ to represent his line in the succession to his property. + +(M132) The diversion of inheritance to any property from the direct line +is spoken of in Homer as a lamentable circumstance greatly intensifying +the natural grief at the death of the direct heir. + + + "Then went he after Nanthos and Thoon, sons of Phainops, + striplings both; but their father was outworn of grievous age, and + begat no other son for his possessions after him. Then Diomedes + slew them and bereft the twain of their dear life, and for their + father left only lamentation and sore distress, seeing he welcomed + them not alive returned from battle: _and kinsmen divided his + substance_ ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~})."(292) + + +In the tumultuous times of the _Odyssey_ the right of succession must +often have been interrupted by war and violence. Possessions, not only of +land, had to be defended by the sword even during the lifetime of the +acquirer. This prompts one of the wishes of Odysseus in his prayer at the +knees of Arete:-- + + + "And may each one leave to his children after him his possessions + in his halls and whatever dues of honour the people have rendered + unto him."(293) + + +The same anxiety prompts his question to his mother in Hades, to which he +obtains answer:-- + + + "The fair honour ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}) that is thine no man hath yet taken, but + Telemachos holdeth in safety (thy) demesnes ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA~} + {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~})."(294) + + +(M133) The belief in the inseparability of the ancestral holding and the +family was strong in Samaria at the time of Ahab. The King offered Naboth +another vineyard better than his own in exchange for the one at Jezreel +near the palace, or, should he prefer it, its worth in money. But Naboth +said to Ahab, "The Lord forbid it me, that I should give _the inheritance +of my fathers_ unto thee."(295) + +Both the Hebrew narrators and the Greek translators describe Ahab finally +as taking the vineyard at Naboth's death _by inheritance_ (LXX. +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}), in spite of the violence of the means of acquiring it +adopted by Jezebel. + +The limited right of the prince to alienate from his family any part of +his possessions is thus alluded to by Ezekiel:-- + + + "Thus saith the Lord God; If the prince give a gift unto any of + his sons, the inheritance thereof shall be his sons'; it shall be + their possession by inheritance. But if he give a gift of his + inheritance to one of his servants, then it shall be his to the + year of liberty: after it shall return to the prince: but his + inheritance shall be his sons' for them."(296) + + + + + 6. Early Evidence _continued_: The {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} And The Maintenance Of The +Chieftain. + + +(M134) It must be borne in mind that the tribal idea of the chieftainship +sanctioned the custom that the maintenance of the chieftain and his +companions or retainers should be levied at will upon the property of the +people. This privilege is very wide spread, and had its origin in the +earliest times. + +The levies were claimed under the name of _gifts_, and earned for the +princes the title of {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. As Telemachos declares, "it is no bad +thing to be a {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, and quickly does his house become rich and he +himself most honoured."(297) + +The royal family and nobles(298) levied contributions on their own or +conquered peoples apparently at will in Homer. Agamemnon calls together +the Greek chiefs:-- + + + "Ye leaders and counsellors of the Argives ... who drink at the + public cost ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) and each command an host ({~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~})."(299) + + +Priam chides his sons:-- + + + "Ye plunderers of your own people's sheep and kids ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~})."(300) + + +Telemachos declares that if the wooers eat up all his sheep and substance, +he will go through the city ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON~}) claiming chattels until all be +restored.(301) + +Alkinoos proposes to give gifts to Odysseus, and they themselves going +amongst the people ({~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) will recompense themselves: +"for hard it were for one man to give without return."(302) + + + "Then I led him to the house," says Odysseus, "and gave him good + entertainment ... out of the plenty in my house, and for the rest + of his company ... I gathered and gave barley meal and dark wine + from the people ({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}) and oxen to sacrifice to his heart's + desire."(303) + + +(M135) These passages throw light on Agamemnon's offer to Achilles of +seven well-peopled towns, whose inhabitants would enrich him with +plenteous gifts.(304) The proposal of Menelaos to empty a city _of Argos,_ +to accommodate Odysseus and his people, seems to be of quite a different +order, and betrays to us that the tyranny of the tribal chieftain, so +conspicuous in other nations, was no less a reality also amongst the +Greeks under Achaian rule.(305) + +(M136) In the Indian society that was regulated in accordance with the +_Ordinances of Manu_, the king appointed a chief of a town whose duty it +was to report to the higher officials on any "evil arising in the town." +He likewise represented the king, and had the king's right to receive +supplies from those under his oversight. + + + "What food, drink, (and) fuel are to be _daily_ given by the + inhabitants of a town to the king let the head of a town + take,"(306) + + +the line always being drawn between legitimate demands and tyrannical +extortion. + + + "For those servants appointed by the king for protection (are) + mostly takers of the property of others (and) cheats; from them he + (_i.e._ the king) should protect these people."(307) + + +(M137) Under the rule of the Persians, all Asia was parcelled out in such +a way as to supply maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ETA WITH OXIA~}) for the Great King and his host +throughout the whole year.(308) The satrap of Assyria kept at one time so +great a number of Indian hounds, that four large villages of the plain +were exempted from all other charges on condition of finding them +food.(309) + +(M138) Solomon's table was provided after the same method. + + + "And Solomon had twelve officers over all Israel which provided + victuals for the king and his household; each man his month in a + year made provision.... And Solomon's provision for one day was + thirty measures of fine flour and threescore measures of meal, ten + fat oxen and twenty oxen out of the pastures and an hundred sheep, + beside harts, and roebucks, and fallowdeer, and fatted fowl.... + And Solomon reigned over all kingdoms from the river unto the land + of the Philistines, and unto the border of Egypt; they brought + presents, and served Solomon all the days of his life.... And + those officers provided victual for king Solomon, and for all that + came unto king Solomon's table, every man according to his + charge."(310) + + +(M139) Sesostris is said to have obtained his revenue from the holders of +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in Egypt in proportion to the amount of land in each man's +occupation;(311) and Pharaoh, having bought all the land at the time of +the famine in Egypt except that which supported the priests, took +one-fifth of all the produce, leaving the remainder "for seed of the +field," and for the food of the cultivators, and their households and +little ones. "And Joseph made it a law over the land of Egypt unto this +day, that Pharaoh should have the fifth part, except the land of the +priests only, which became not Pharaoh's."(312) + +In this case Pharaoh became proprietor by purchase of the land in Egypt. +But it must not be supposed that by exacting a payment from the occupier, +the overlord as a rule had any power over the ownership of the soil. He no +doubt had proprietary rights over his own estate, and may or may not have +had power to regulate any further distribution of the waste. But the right +of receiving dues, or of appointing another to receive them, gave him no +power over the actual tillage of the soil. + +(M140) The maintenance of the prince was a first charge apparently upon +the property of his subjects; and it is easy to see how the lion's share +would always be allotted to him, alike of booty as of acquired territory. +As long as the community was pastoral, it is also easy to imagine how the +chief both increased his own wealth and admitted favoured companions or +resident strangers to a share in the elastic area of the common pasturage. +After agriculture had assumed equal importance in the economy of the tribe +as the tending of flocks and herds, one is apt to forget that for +centuries--perhaps for thousands of years--the system of agriculture that +grew up, still possessed much of the elasticity of the old pastoral +methods. Under the open field system, such a custom as that described by +Tacitus and in the Welsh Laws, viz. of ploughing up out of the pasture or +waste sufficient to admit of each tribesman having his due allotment, and +letting it lie waste again the next year, admitted of considerable +readjustment to meet the exigencies of declining population, as well as +providing an easy means whereby any stranger prince, like Bellerophon, who +might be admitted to the tribe, could be allotted either a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} apart, +or a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in the open plain. + +Pindar describes this method of cultivation when he says:-- + + + "Fruitful fields in turn now yield to man his yearly bread upon + the plains, and now again they pause and gather back their + strength."(313) + + +(M141) It is noticeable that the Aetolians offered Meleagros a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in +the fattest part of the plain, wherever he might choose, as a _gift_ +({~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}); and as the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} would certainly be cultivated by slave or +hired labour, what they really gave him was the right of receiving the +produce from the 50 _guai_ composing the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. But this gift was meant +as a special honour or bribe, and took a special form in being in land as +a means of permanent enrichment. + +In similar wise Ezekiel suggested the capitalisation, as it were, by a +gift of land of the contributions to the princes, which no doubt were felt +to be very irksome. In the division of the land, a portion was to be set +aside first for the use of the temple and priests, then a portion for the +prince. + + + "In the land shall be his possession in Israel, and my princes + shall no more oppress my people; and the rest of the land shall + they give to the house of Israel according to their tribes. Thus + saith the Lord God, Let it suffice you, O princes of Israel; + remove violence and spoil and execute judgment and justice, and + take away your exactions from my people, saith the Lord God."(314) + + +And again:-- + + + "Moreover the prince shall not take of the people's inheritance by + oppression, to thrust them out of their possession; but he shall + give his sons inheritance out of his own possession; that my + people be not scattered every man from his possession."(315) + + +But there can be no doubt, that although the prince may have had no power +to dislodge any of the free tribesmen of his own people from their +holdings, yet no one could gainsay him if he chose to enrich himself by +planting or reclaiming any part of his domains, as Laertes is represented +as having done.(316) + +(M142) The modern usage in Boeotia and in the island of Euboea may very +well represent the procedure of ancient times, and if it can be imagined +that some method of the same sort was in vogue in Boeotia in the time of +Hesiod, it will be understood how possible it was for Hesiod's father to +settle at Askra and gradually to acquire possession of a house and {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + + "There is some cultivation from Plataea to Thebes, but strangely + alternating with wilderness. We were told that the people have + plenty of spare land, and not caring to labour for its artificial + improvement, till a piece of ground once, and then let it lie + fallow for a season or two. The natural richness of the Boeotian + soil thus supplies them with ample crops. But it is strange to + think how impossible it is, even in these rich and favoured + plains, to induce a fuller population."(317) + + +At Achmetaga, in Euboea, + + + "The folk pay for their houses a nominal rental of a bushel of + wheat per annum, in order to secure the owner's proprietary claim, + which would otherwise pass to the occupier by squatter's right + after thirty years of unmolested occupation. They are at liberty + to cultivate pretty well as much land as they care to, paying to + the landlord one-third in kind.... The produce here is almost + exclusively wheat or maize, but every family maintains a plot of + vineyard for home consumption."(318) + + +(M143) Whether the free tribesman ever looked upon the contribution he +made to the maintenance of the princes, under whose protection he had the +privilege of living, as a condition of tenure of his land, is open to +doubt; but from the right to demand indiscriminate gifts, to confiscate or +eject in case of refusal, it is only one step to the exaction of a regular +food-rent as a return for the occupation of land. + + + + + 7. Summary Of The Early Evidence. + + +It may be useful here briefly to summarise the results of the inquiry of +the last three sections into the relation of the ownership of land to the +structure of society in Homer and in early times. + +(M144) the princes had their compact estates divided off from the other +land of the community, so that a passer-by could point and say, "There is +the king's {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}."(319) The ordinary tribesman on the other hand had a +share in the common fields under cultivation, probably consisting of a +number of scattered pieces of land lying mixed up with those of others, +and therefore only referred to on the face of the land, under the +comprehensive terms {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}.(320) + +This share of the tribesman was, as in later times, called a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, it +being possible for a man to enjoy several such holdings and deserve the +epithet {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, whilst the lowest class of freemen consisted of those +who possessed no land, under the ignominious title of {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +(M145) The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, descending from father to son, was apparently connected +with the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or household, and supplied its maintenance. The {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} grew +fat or was consumed in accordance with the capacity of its head, and its +continuity was regarded as a matter of the utmost importance. Its members +were bound together at their ancestral hearth by mutual ties of common +maintenance. The sanctity of thus sharing the same loaf extended also to +guests, whose relations to their hosts might last for several generations. +It is the necessity of supplying the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and its dependents with the +means of sustenance and hospitality among a pastoral people gradually +adapting themselves to agriculture, that regulates the tenure of land and +the duties of the householder. + +(M146) The power of the chieftain to draw upon the resources of his people +for the entertainment of his household and his guests by exactions payable +in kind, supplemented by the power he also seems to have possessed to +transfer at will the right of receiving these "gifts" to any one he chose, +seems to contain the germs of the more complicated system of food-rents as +a condition of land tenure, which is so important a feature of the Celtic +tribal arrangements. + +(M147) Inasmuch as the prince was a member of the tribe, he was entitled +to an allotment in the land under cultivation, the very word {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +implying the equal right of all members of the tribe to a share in the +soil. But inasmuch as the prince possessed blood royal and claimed his +descent from the very gods that the tribesmen worshipped, his dignity was +above partaking with his tribesmen of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} in the common fields. He +was therefore allotted a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} apart, and worthy of his divine +parentage. Besides the bare single allotment of the {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, land was set +apart for him as a gift of honour by the people, from whom honour and +gifts to their prince were due. Gifts in land formed a special mark of +honour, and may at the same time have served another purpose from the +giver's point of view by way of a permanent source of income or endowment, +as it were, whereby the continuous exactions towards the maintenance of +the prince from the lands of the people might tend to be alleviated. Thus +much of power over the property of his inferiors he undoubtedly retained, +and he probably cultivated what he liked of the outlying lands under his +sway. + +(M148) But the evidence does not show that he ever had the right of coming +between the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of his tribesmen and their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}: the only means at his +disposal of severing the link between the family and the land, were those +employed by Ahab and Jezebel to acquire the "inheritance" of the ancestral +vineyard of Naboth at Jezreel. + + + + + 8. Hesiod And His {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + +In the time of Hesiod, the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}(321) could be sold in case of need and +added to the possession of another. + +(M149) But the case of Hesiod is in itself somewhat exceptional. His +father had fled from his own country by stress of poverty, and settled on +the barren land of Askra in Boeotia, where he was allowed to acquire some +land.(322) He was therefore somewhat of a sojourner (the {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} of +Homer),(323) and, true to the Homeric doctrine, was unencumbered by the +claims of kindred. Hesiod contrasts the ready help of the neighbour with +the perfunctory slowness of the kinsman, duty-bound. The neighbour, he +says, is prompted by the need of mutual protection of material property, +the kinsman stays to bind on his sandals and gird his loins for the labour +he is forbidden to shirk.(324) + +Hesiod and his brother Perses had divided the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of their father into +two, and lived apart. Perses had squandered his half, and spent his time +and his livelihood in the gay life of the town, but none the less seems to +have expected to be allowed to draw still further on the resources of the +paternal property, to the distress of his industrious brother. + +Hesiod does not contemplate any possible means of making a living other +than by tilling the soil; and his quaint ideas may be taken as typical of +the small Boeotian peasant-farmer, allowance being made for the short time +that his family had held land at Askra. + + + + + 9. Survivals Of Family Land In Later Times. + + +(M150) In later Greek writers it is several times stated that the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} +or {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} were inalienable. Yet all remark to what a deplorable +extent the alienation and accumulation of land into few hands had been +carried. Aristotle comments on the excellence of the ancient law, at one +time prevalent in many cities, against the sale of the original {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, +and the good purpose therein of making every one cultivate his own +moderate-sized holding.(325) + +Innumerable passages could be quoted from the speeches of Isaeus, +referring to the law that forbade any one to alienate by will his landed +estate from his lawful sons. Plato warns his friends that buying and +selling is desecration to the god-given {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}.(326) + + + "Now I, as the legislator, regard you and your possessions, not as + belonging to yourselves, but as belonging to your whole family, + both past and present."(327) + + +Plutarch and Heraclides say that the same law against the sale of the +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} existed anciently at Sparta. + +(M151) Plutarch's evidence, late as it is, of the ancient customs among +the Spartans is worthy of further consideration. + +In his _Life of Agis_ he states that the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} passed in succession from +father to son--{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}--until the +Peloponnesian war. + +In his _Life of Lycurgus_ he says that-- + + + "When a child was born, the father was not entitled to maintain it + ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}), but he took and carried it to a place called 'lesche,' + where the _elders of his tribesmen_ were sitting, who, if they + found the child pretty well grown and healthy, ordered its + maintenance ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}), allotting to it one of the 9,000 kleroi + ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~})."(328) + + +Elsewhere in Greece at the introduction of the new-born child to the +relations and friends a few days after its birth, symbolical gifts of food +were made as the child was carried round the hearth.(329) + +(M152) The important part of this ceremony at Sparta, described by +Plutarch, seems to be the introduction of the infant to the elders of the +tribe, and the recognition by them of its right to maintenance, if it +appeared to them physically worthy of admission to the tribe. It cannot be +supposed that Plutarch believed that vacant {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} escheated, so to speak, +to the community, because he elsewhere describes the lamentable tendency +of estates to get into few hands, which the community would in that case +surely have been able somewhat to prevent. Nor is it likely that a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} +was actually set apart for the maintenance of each infant, who was +apparently still nourished in its father's house until seven years old, +when its education and occupations were regulated by the State. + +Reading this passage with the other in the _Life of Agis_, a natural +inference is, that the child's right to succeed to the property of his +father only was thereby assured to him by the elders, _i.e._ the right on +his attaining manhood to enjoy the possession of land. This is the view +taken by M. de Coulanges;(330) but surely there is more underlying the +account of the ceremony. What actually took place with regard to the +allotment of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} to the infant member of the tribe, cannot be decided +here. The State at Sparta undertook to educate all her sons after a +certain age, and gave the parent no further rights over the child. Is +there in this ceremony a transfer of the claim for maintenance from +against the head of the household to the larger unit represented by the +elders of the tribe, irrespective of the inheritance of the son from his +father? + +It would be necessary for the adult Spartan citizen, of the class of +{~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} at any rate, to have a right to the produce of some land, as +otherwise it is difficult to see how he could contribute the necessary +provisions that formed his share of maintenance at the joint table of his +_syssition_; unless indeed he drew his allowance from his father's estate. + +(M153) In any case the idea of the dependence of a member of the tribe for +sustenance upon his right to a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is striking; and at the same time +the evidence goes to show that his maintenance was a claim upon a group of +kinsmen at Sparta, comprising more than the nearest relations, and was +recognised as such by them. + +(M154) The link that bound the cultivators to their land was so strong in +early times at Athens, that mortgages could apparently not be paid off by +mere transfer of the land itself; but the whole family of the debtor went +with their mortgaged property and became enslaved to the creditor, having +in future to work the land for him at a fixed charge. + +This was the state of affairs that Solon set himself to mend, and it is +instructive that the method, he seems to have chosen, was to loosen the +tie between the owner and his land, and, by facilitating the transfer of +land from one to another, to obviate the necessity of taking the debtor's +person with his family into slavery on account of the debt.(331) + +Nevertheless, in spite of the radical legislation of Solon, the sentiment +that bound the family to the soil remained long after his time. + +(M155) Besides the prohibition to sell the family land which Aristotle +speaks of as prevailing in Lokris, the Hypoknemidian Lokrians insisted on +actual residence on that land in the case of their colony at Naupaktos. +Though unable apparently wholly to forbid the participation of the +colonists in the ancestral rites of their kin in Lokris, they took +advantage of the prevailing sentiment with regard to the permanence of the +family, and insisted that the continuance of the hearth of the colonist at +Naupaktos should at any rate be considered of equal importance. + +According to an inscription of the fifth century B.C.:-- + + + "The colonist has the right to return to Lokris and sacrifice with + his {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} both in the rites of his {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and his {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} for + ever. He can only return permanently without paying the + re-establishment tax if he has left {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~} at Naupaktos a + grown-up son or a brother. If a {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of the colonists is left + without a representative ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}) {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~}, the nearest of + kin ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) in Lokris shall take the property, provided he go + himself, be he man or boy, within three months to Naupaktos. A + colonist can inherit his share of his Lokrian father's or + brother's property...." + + + "If a magistrate deals unfairly and refuses justice, he shall be + {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and shall lose his {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}."(332) + + +(M156) Though the sale of estates could be effected at Athens in the +fourth century B.C., yet, when the owner died without having sold, the +succession was regulated by the ancient custom. If there were legitimate +children, the inheritance to the land could not be diverted from them, +even by will;(333) provided only that the children had gone through the +ceremony of being accepted and enrolled by the phratria. If the descendant +had neglected this formality, and had failed to be recognised as a legal +member of the kindred or clan, he or she lost all rights to the property, +which went to the devisee or next of kin.(334) The right to possess land +was thus at Athens, as at Sparta, intimately connected with the tribal +organisation; and the claim for maintenance from the paternal estate could +only lie, after full acknowledgment of the necessary qualification had +been granted by the larger unit of relationship. + + + + + 10. The Idea Of Family Land Applied Also To Leasehold And Semi-Servile +Tenure. + + +(M157) Attention has been drawn to the reciprocal relations that existed +between the family and its land, and their inseparability in the minds and +phraseology of the Greeks at different times. There is a further +development however arising from this point of view, without some notice +of which the subject of the tenure of the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} would be incomplete, and +which serves to confirm the method with which this subject has been +treated. + +Though alike in their estimation of the possession of land as a means of +livelihood and for the accumulation of wealth, the Greeks had very +different views with respect to the place of agriculture as a worthy +occupation for a citizen. Sparta regarded it as entirely beneath the +dignity of her sons and forbade their personal application to the +cultivation of their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. There was at Athens, on the other hand, a +large class of citizens whose energies were entirely devoted to the +production of fruits of the earth, whilst the life of a country gentleman, +combined with that of the farmer, was by no means despicable in their +eyes. + +(M158) There were mainly two methods of enjoying the possession of a +landed estate. Either the land was cultivated by the owner himself with +the help of bought slaves or hired servants, few or many, as described in +Hesiod and the _Oeconomics_ of Xenophon;(335) or the owner resided in the +city or a neighbouring town, and the land was tilled by aliens or serfs +(called sometimes {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}), like the Helots of Sparta, who paid an annual +contribution from the produce to their landlord. The serf was often +attached hereditarily to the soil in the sense of being unable to give up +his holding, but also had certain rights as against his master, both in +the matter of his own possessions and in that he could not be sold out of +the country.(336) + +(M159) There is a passage in the Gortyn Laws that states:--that if there +are no rightful successors to inherit the property of a deceased +Gortynian, his household's {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, _i.e._ the persons composing it, shall +inherit his property. That is to say, if a Gortynian family died out and +no legal representative could be found, their proprietary rights were +extinguished and the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} who lived upon the land took all their +property. This provision favours the idea that at Gortyn also the +citizen-population came of a race of conquerors, who were not exactly +looked upon as ground landlords upon whose land a subject family was +settled or had been allowed to remain, but that, whilst the relation of +the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} to their land was of the closest if not an absolute bondage +to the soil, the proprietary rights of their superiors and masters +consisted of the conqueror's overlordship and the power to derive their +maintenance from the joint produce of their serfs' labour and the +land.(337) + +This comprehensive use of the word {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, as meaning both the allotment +of land and the family who were bound to occupy it, whose labour also +created its value to its lord and master, is quite consistent with the use +of the word in reference to the holdings of the Spartan citizens. The +allotment of a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} at Sparta evidently meant also a transference of +rights over the Helots that worked it; and even if this further +implication was not actually included in the meaning of the word, it was +so inseparable in thought that no explanation was necessary of the +composite significance of the allotment. + +(M160) The Athenians in their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} seem instinctively to have +combined these two methods of agriculture. The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} were not +colonists, who became citizens of a new city, but they remained citizens +of Athens, holding however their {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} in a remote district. But the +chief feature of this method of landholding was that the owner, though +remaining a citizen of Athens and liable to the same claims from the +mother city in respect of military service, &c, as before, was yet +supposed to reside in the neighbourhood of his new {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. This was the +case, even when the land itself was left in the hands of the conquered +population at a fixed annual charge. + +(M161) An inscription found on the Acropolis of Athens, and relating to +some date about 560 or 570 B.C., defines the legal status of the first +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} sent to Salamis. They were assimilated to Athenian citizens as +to taxes and military service; but they must reside on their land under +pain of an absentee's tax to the State.(338) + +(M162) In the year 427 B.C. the Athenians conquered the island of Lesbos. +They imposed no tribute on the subjugated islanders, but, making the land +into three thousand {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} "except the Methymnian land," they first set +apart three hundred {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} as sacred to the gods, and on to the others +they sent off {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} chosen by lot from themselves; to these the +Lesbians paid annually for each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} two minae, and _themselves worked +the land_.(339) + +According to the account of Aelian, the same method of procedure was +adopted after the conquest of Euboea in about 510 B.C. The Athenians, +having conquered the Chalkidians, apportioned their land to {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}(340) +in two thousand {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, _i.e._ the country called Hippobotos; and, setting +aside {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~} to Athena in the place called Lelantos, they let out(341) the +rest according to the pillars that stand in the King's Stoa, which thus +bear record of the leases.(342) + +(M163) The holding of each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} may have varied in size according to +the character of the soil and features of the country; but it may safely +be asserted that it must have been of sufficient dimensions, not only to +provide subsistence for the native population left on the soil, but also +to pay a considerable portion towards the keep of the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} himself, +during his enforced residence in the conquered country. + +The class of citizen from amongst whom the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} were chosen by lot, +did not consist of families with much property in Athens.(343) Younger +sons without occupation, whom their fathers had not been quite callous +enough to "expose" in infancy,(344) and restless individuals without +property in the mother country, would be most likely to offer themselves. +And to such the two minae per annum, paid by the Lesbians from the produce +of each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, would appear a reasonable if not a sumptuous provision of +livelihood. There were a hundred drachmae in the mina, and if it is true, +as asserted by Plutarch,(345) that in the time of Solon one drachma was +the price of a sheep, a yearly income of two hundred sheep, or their +equivalent, would be forthcoming to each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}--surely a considerable +contribution to the maintenance of his family.(346) + +Under these circumstances each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} served to provide maintenance for +two households--both of whom had hereditary rights therein, though +themselves in different strata of society. Both households also were in a +sort attached to the soil, the one in practical bondage, the other bound +by law to reside in the country wherein lay its substance, and (if we may +use the common expression of the Welsh Laws) its privilege. + +(M164) This double and continuous ownership was not confined to the +semi-servile tenure of lands annexed by Athenian conquests. + +Leases to be handed down from father to son _for ever_--{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} +{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}--subject of course to the regular payment of the rent, seem to have +been quite usual. + +What is said to be the oldest Greek contract we have, is of this +nature.(347) It was found in Elis at Olympia, and runs as follows:-- + + + "Contract with Theron and Aichmanor with regard to the land in + Salamona of eighteen plethra. Rent, twenty-two manasioi of barley + in the month Alphioios; if he omits, let them pay double. _They + shall hold for ever._"(348) + + +There is an instance of a proprietor of land at Mylasa, in Karia, +deliberately selling his estates to a sacred community for the benefit of +the god, and receiving them again (like the Roman _precaria_) from the +trustees on perpetual lease--{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}--as the patrimonial substance of +his family, for himself and his issue or whosoever should take inheritance +from him. He thus obtained a money value down in return for his property, +but bound himself and his descendants to an annual rent of so many +drachmae, to form part of the revenues of the god. Moreover his +"family-land" in this case was apparently more inalienable now than +before; for he might neither divide the land henceforth, nor share the +responsibility for the rent with another.(349) + +(M165) Do not these instances show that even leases were included in the +same category with actual ownership of land, being embraced within the +characteristic idea that the land that contributed to the maintenance of +the family and had come to be regarded almost as giving that family its +social if not its political status, should descend unintermittently from +generation to generation in that family, though its occupation was subject +to providing support likewise to a superior owner and his family, whose +descendants in their turn also would demand their share in the produce? + +Is the conclusion justified that the basis of this indomitable feeling was +that the peculiar view of the family, as consisting of a long line of past +and future representatives, precluded the individual, who happened to be +the living representative at any given time, from taking an irresponsible +position as absolute master of the property, upon which his family had +been, was, and would be dependent? + + + + + +CHAPTER V. CONCLUSION. + + +(M166) In weighing the results of this essay, it would be absurd to +pretend that anything of the nature of a last word can be said on the +subject. The process of the early development of Greek society cannot be +ascertained merely from the study of a few survivals in historic times. +The comparative method must be carried much further than has been +attempted here, before the secrets of antiquity can be laid bare and an +authoritative statement made. + +There would seem, however, to be at any rate some points, of those that +have come under notice, worthy of further investigation, in so far as they +indicate that Greek society was no isolated growth, but must be given a +place in the general development of the systems of Europe. + +(M167) It is suggested that in the continuity of city life from an earlier +stage of society under some form of the Tribal System, can be found the +only natural explanation of the structure of the kindred at Athens in the +fourth and fifth centuries B.C. Comparison with the customs of other +nations,--the Hindoos, the Welsh, and the Israelites, the last two being +the most typical examples of peoples of which we have written records +whilst still living under the tribal system--has shown remarkable analogies +in the organisation of their inner society. + +(M168) The actual similarity in the sentiment which surrounded the +possession of the privileges of tribal blood and the title to citizenship +at Athens, can hardly be exaggerated. + +(M169) The foundation of the bond in either case has a threefold aspect. +The bond is one of blood, of religion, and of maintenance. + +(M170) The qualification for citizenship, as much as for the tribal +privilege, was a question of parentage; and the citizen equally inherited, +with his blood, responsibilities towards the community into which he was +born, as to a larger kindred. + +(M171) Membership of the tribe or of the city was the only qualification, +that admitted to the privilege and duty of partaking in the public +religious observances. Tribesmen and citizens, by virtue of their +privilege, shared in the worship of the greater gods, of Hestia in the +Prytaneum, of Zeus Agoraios, and of the Heroes or special guardians of +their community; in like manner as the member of the smaller group of a +kindred, by virtue of his blood, shared in the worship of the Apollo +Patroios, the Zeus Herkeios or Ktesios, and the heroes or ancestors of his +family. Inasmuch as citizenship depended upon purity of descent, the +possession of the latter qualification carried with it the right to share +in the greater ceremonies. But the converse was equally stringent, in that +the possession of shrines of Apollo Patroios and Zeus Herkeios was +impossible, unless the family was one of those who had for many +generations been recognised as belonging to the true stock of the +community. + +(M172) Inasmuch as the worship of private or public gods consisted mainly +of offerings of food, of beasts or produce of the earth, and wine, every +tribesman or citizen must have had the means of providing his share in the +offerings, besides supporting himself and his family. Those devoted to +handicraft or merchandise were often despised by the regular tribesman or +citizen, and sometimes therefore formed separate clans by themselves, like +the smiths in Arabia. It is not surprising, therefore, to find that the +membership of the tribe or city should have carried with it the right to +the possession of some portion of the arable land and of the pasture, upon +which all were regarded as being dependent. In this way the possession of +land was intimately related to the status and the duties of the owner. It +was the visible mark of his full tribal privilege, and was the practical +means of his fulfilling his duty towards his fellows and the public +religion, as well as to the needs of his ancestors and household. It seems +also to have been believed that, in partaking of the hospitality or +sharing in the sacrificial feast of any family, a bond was for the time +being created which was in most respects practically equivalent to +relationship by blood to the members of that family.(350) + +(M173) Apart from the tribal character of the qualification for +citizenship, the most conservative organisation wherein had been +stereotyped the most precious of tribal customs, was that of the kindred. + +It is suggested that the vitality of the customs surrounding the bond of +family relationship was due to the importance attached to the religious +and social functions incumbent on all members of a household united by +kindred blood. The actions of the individual members were constrained by +their weighty responsibilities towards the continuance and prosperity of +the composite household, in which they moved, and apart from which their +existence could not but be altogether incomplete. + +The worship of ancestors occupied a prominent place in the needs of the +Athenian household, and, no doubt, had a corresponding influence in the +preservation of its unity. The same of course cannot be said for Wales, +where Christianity had replaced, in the records at any rate, whatever +religious beliefs may have existed earlier. But the grouping of the +kindred according to grades of relationship was adhered to by the Welsh as +an intrinsic part of their very conception of a kindred; and this would +point to the conclusion that such subdivisions were due to wider needs +than can be found in any particular form of religious belief or worship. + +(M174) If, as has been suggested, in adhering to these customs, the Greeks +were still treading in the tracks of their tribal ancestors, how is it +that the most convincing evidence comes from as late as the fifth and +fourth centuries B.C. and mainly from the most highly civilised of the +cities of Greece? + +The _Iliad_ and the _Odyssey_ may perhaps be trusted as truly portraying, +so far as they go, the manners and customs of the great period of Achaian +civilisation, known as Mycenean, which may be said to have culminated just +before the Dorian invasion. Whence then came the public recognition of +those household ceremonies of ancestor-worship, which filled such a large +place in the life of the Athenian citizen, and which, it has been +suggested, were consciously or unconsciously slurred over by the Homeric +poets? + +(M175) Mr. Walter Leaf has already found an answer to this question,(351) +viz. that these ceremonies were the long cherished customs of the ancient +Ionian or Pelasgian inhabitants of Greece, who had formed the substratum +of society under Achaian rule, and who only came into prominence on the +removal of their superiors at the time of the Dorian invasion. And this +continuity, underlying the superficial rule of the Achaians, seems to be +borne out by recent research and discovery.(352) + +The Athenians always boasted their Ionian descent, and may well have +inherited their habits with the traditions of their origin. + +(M176) But the customs reviewed in the foregoing pages seem to have a +wider parentage than can be attributed to the Pelasgians alone. Spartan +customs at any rate cannot thus be accounted for. + +(M177) In the course of argument reference has often been made to the +Jewish records in the Books of the Old Testament, and indeed a remarkable +parallel is presented in the history of the two peoples. Both peoples +apparently reached their greatest period about the same time. The reign of +Solomon with its gold and costly workmanship must have resembled that of +the Mycenean kings in more than similarity of date, and outward splendour. +Taking Homer again as the courtly chronicler of the Achaian age of gold, +the Books of the Kings of both peoples are curiously conscious of their +former tribal conditions, through which they easily trace back to the very +fountain-head of their race. + +(M178) In the period of the decay of the Jewish people under the stress of +invasion by foreign kings, strenuous efforts were made by their prophet +leaders to purge them from the alien blood and alien influences contracted +in the careless days of their prosperity. Their aim was to restore once +more those strict tribal habits which had served them so well at the time +of their own victorious invasion, and which still lay dormant in their +constitution. In similar wise, the period of Achaian prosperity seems to +have been followed by a rise into prominence at any rate, if not an actual +resuscitation, of old tribal customs. + +(M179) The actual traces of tribal institutions in Homer need not be +underrated. There is much that is of a tribal character in the Homeric +chieftain in his relations to his tribesmen and to their gods. Survivals +of tribal custom may also be seen in the reverence for the guest, and the +sacredness of the bond of hospitality lasting as it did for generations; +and in the blood-feud with its deadly consequences, especially when +occurring within the tribe or kindred. Indeed if only the Pentateuch of +the Achaians could be found in the ruins of Mycenae and added to the +Homeric Book of the Kings, would it not then probably be evident that +there was much more of a tribal nature in the organisation of the kindreds +of the Achaians and surviving throughout the whole period of their +splendour than the aristocratic poets of the Homeric schools allowed +themselves to record? + +(M180) Although therefore nearly all our evidence of the internal +structure of the kindred among the Greeks dates from the fifth century +B.C., the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} at Athens must not be put down as belonging merely to +that period. In the light of the close analogies to be found in the +structure of other tribal systems, it is probable that such subdivisions +of the kindred belong to an extremely early period in the history of the +Greeks, whether as Achaians or Ionians or Dorians. Are they not indeed +necessary features of tribal society itself wherever it is examined? + + + + + +INDEX. + + +Adoption, object of, 35; + out of unfortunate home, 36; + ceremony of, 36-7 + +_Agora_, 2, 3 + +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, 32; + its meaning, 55; + its limits, 58-9; + all within it liable for bloodshed, 75 _et seq._; + its tribal origin, 143 + +Ancestor-worship, 10, 140; + in Homer, 5, 7; + in Israel, 8, 9; + in Egypt, 11; + pre-Homeric, 141, _note_ + +{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} see {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} + +{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, one of a class, 107, 114; + honoured like a god, 105-6, 122; + owned {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 102, 106, 122; + influenced the seasons, 105, _note_; + over-lordship not altogether hereditary, 107; + levied maintenance on their people, 115, 122; + Solomon, 116; + household {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} 92 + +Bastard, no place in family, 95-6; + allotment or gift for his maintenance, 95-6 + +Blood, as basis of family, 13; + of tribe, &c., 4-5, 138; + its purity jealously guarded, 67 _et seq._; + acquisition of, 68 _et seq._ + +Blood-fine, not within the tribe or kindred, 42-4, 77; + in Wales, the _galanas_, 78 _et seq._; + paid by whole family, 79 _et seq._ + +Bloodshed, responsibility for, 42; + rested on {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}, 75 _et seq._; + within the kindred, 44, 77 + +Citizenship, admission to, 71, 96; + qualification for, by three descents, 73; + basis of, 138; + confirmed to son of stranger, 71, _note_ + +{~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}, grant of, to new citizen, 97, _note_; 123, _note_ + +{~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, succession found through her, 23; + she must marry next-of-kin, 23-7; + in Gortyn laws, 26; + where more than one, 26; + inherited for her issue, 28; + Ruth as, 31, 34; + had right of maintenance from property, 23-4 + +Family (_see_ {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}), bound to the land, 127 _et seq._; + family estate in Santa Maura, 86; + head of family, 91 + +Funeral, _see_ Sacrifices + +Gavelkind, in Kent, 95 + +Guest, importance at sacrifice, 99-100; + hereditary guestship, 110 + +Hearth, 3, 4; + as basis of the family, 13, 17; + in Prytaneum, 4, 15; + initiation of heir to, 89 + +Heir, duties of, 18-19, 20; + importance of male heir, 21-3, 98 _et seq._; + daughter's son, 23-7; + always ranks as _son_ of deceased, 34 _et seq._, 59 _et seq._; + initiated to hearth, 89; + introduced to kindred, 36; + and to the deme, 38-9; + importance of introduction of, 41, 125-8; + co-heir in Wales, 51; + law of succession, 57 _et seq._; + disinheritance, 61; + division among heirs, 64 _et seq._, 101; + Ahab's 'inheritance' of Naboth's vineyard, 114 + +Hesiod, his {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 123; + the needs of a farmer, 109 + +_Hestia_, 3, 4, 138; + called "princess," 13 + +Inheritance, see {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, and Heir + +Kinship, grades of, 48 _et seq._; + in India, 52; + in Wales, 49, 67 _et seq._; + the fourth degree, 73, 112; + the seventh, 78 et _seq._; + the ninth, 68 _et seq._; + wife's relations no kin to husband but are to son, 61, _note_ + +Kinsmen, duties of, 18, 42; + next of kin marries "heiress," 23-7, 35; + his duty to redeem property in Israel, 32, 95; + kinsmen accept heir, 36, 41, 125-7; + sanction disinheritance, 61; + liable for bloodshed, 75 _et seq._; + Hesiod's idea of, 123 + +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, 130 + +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, its form, 85 _et seq._; + supported the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 88 _et seq._, 110, 121, 127; + need not be divided, 47, 89, 93, 97; + no joint holding between father and sons, 93; + sold in case of need, 94; + in theory inalienable, 94, 113, 124, 127; + allotted to new citizen, 96; + in Homer, 102; + held by tribesmen, 108; + of Hesiod, 123 + +{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, 131 _et seq._ + +Land, ownership of, proof of civic rights, 83, 96 (_see_ {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} and + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) + +_Lar_ = "lord," 12; + _lares_ of king, 4 + +Leases, for ever, 134-6 + +Levirate, not in Greece, 27; + in India, 29; + in Israel, 30 _et seq._ + +Maintenance of parents (_see_ Parents); + of {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 110; + the bond of, 110, 139; + of the chief, 114 _et seq._; 122; + in Ezekiel, 119; + of children at Sparta, 125; + gift of food to babe, 125; + derived from {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 127 + +_Manes_, duties to, in India, 19 + +Marriage, of heiress, 23-6; + of near relations, 29; + of widow (_see_ Levirate) + +_Octopus_, 125 _note_ + +{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, part of {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 17; + importance of continuity of, 9, 19-20, 30, 35, 111, 128; + the unit of ownership of property, 47, 109; + extent of, 54-6, 88-9; + the householder in India, 99; + supported by its land, 110, 113, 121; + of Bouselos, 55, 62; + power of head of, 91-2 + +Open field system, in Greece, 85; + in the islands, 87; + in Homer, 88, 104; + its elasticity, 118-9 + +_Parage_, in Normandy, an undivided tenure, 50 + +Parents, maintenance of, 18, 48; + after death, 19 + +_Phratria_, enrols legitimate sons, 36-7; + partly responsible for bloodshed, 76 + +Primogeniture, not the rule in Greece, 90; + nor in India, 97 _et seq._; + eldest son had certain rights or dignity, 90 _et seq._, 97 _et seq._; + called {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 91, _note_ + +_Prytaneum_, 3, 4, 15, 138 + +Register, of phratria, 36; + of deme, 38 + +Ruth, as widow and {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 31-4 + +Sacrifices, object of, 6, 139, _note_; + to the dead, 8, 9-12; + of funeral cake in India, 51 _et seq._; + funeral rites at Athens, 20; + of householder in India, 99; + bond of common religion, 13, 53, 138 + +Stranger, abhorrence of, 5, 71, 74; + as guest, 99 (_see_ Guest); + admission to tribe, 67 _et seq._, 96 + +{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, in Homer, 103, 113; + allotted to princes and gods, 102, 106, 118, 122; + called {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, 106; + helped to support prince, 118-9 + +Tonsure, in Greece, 39; + in India, 40 + +Tribe, its basis one of blood, 4-5, 138; + possible development of, 14-15; + admission to, 68 _et seq._, 96 (_and see_ Citizenship) + +Widow, could not inherit from husband, 27-8; + returned to her kin or guardian, 28; + when allowed to remain, 28, _note_; + the case of Tamar, 30; + of Ruth, 31 _et seq._ + +THE END. + + + + + + +FOOTNOTES + + + M1 Vitality of the tribal system. + M2 Its survivals form the subject of this inquiry. + M3 The centres of political and tribal society. + +_ 1 Il._ ix. 63. + +_ 2 Il._ ii. 400. + +_ 3 Il._ xi. 807. + +_ 4 Il._ ii. 788. + + M4 The Prytaneum and Hestia. + +_ 5 Journal of Philology_, xiv. 145 (1885), Mr. Frazer on Prytaneum. + + 6 Cauer, _Delect. Inser. Graec._ 121. (Crete, c. 200 B.C.) "I swear + by Hestia in the Prytaneum ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}), by Zeus of the Agora, + Zeus Tallaios, Apellon Delphinios, Athanaia Poliouchos, Apellon + Poitios, and Lato, and Artemis, and Ares, and Aphordite, and Hermes, + and Halios ... and all gods and goddesses." _Cf._ also 116, and + _Od._ xiv. 158. + + Plato, in _Laws_ 848, says Hestia, Zeus and Athena shall have + temples everywhere. + +_ 7 Thuc._ ii. 16. + + M5 Their origin. + +_ 8 Journal of Philol._ xiv. 145. + +_ 9 Op. cit._ p. 153. + + M6 Qualification for share in religious rites one of blood. + + 10 Exception, however, was sometimes made in the case of the stranger + as a favoured guest, _v. infra_, p. 99. + + M7 Ancestor-worship not obvious in Homer. + + 11 Plato (_Laws_ 948) remarks that at the time of Rhadamanthos the + belief in the existence of the gods was a reasonable one, seeing + that at that time most men were sons of gods. + + M8 Offerings of food to the gods, + +_ 12 Il._ xxiii. 206. It is clear from _Il._ i. 466 _et seq._ that the + sacrifice was held to be a feast at which the choice portions were + devoured by the god by means of the fire on his altar. _Cf._ p. 139, + note. + + M9 and to the dead. + + 13 It was not therefore only at the mouth of Hades that the dead could + benefit by such offerings. + + M10 The continuance of his name quite as important as offerings of food. + +_ 14 Od._ iv. 197. _Cf._ _Il._ xvi. 455. + {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}: {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}. + + 15 The speculative state of mind displayed in the _Iliad_ may be + illustrated from the effect on Achilles of the apparition of + Patroklos after death in a dream. As he wakes suddenly the + conviction comes upon him:--"Ay me, there remaineth then even in the + house of Hades a spirit and phantom of the dead, albeit the life be + not anywise therein: for all night long hath the spirit of hapless + Patroklos stood over me, wailing and making moan, and charged me + everything that I should do, and wondrous like his living self it + seemed." _Il._ xxiii, 113 &c. + + M11 Offerings to the dead in the Old Testament. + + 16 Ps. cvi. 28. _v._ Maine's _Early Law and Custom_, p. 59. + + M12 Resemblance between Homer and the Old Testament. + + 17 1 Sam. xx. 6. {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~}. + + M13 Ancestor-worship in India and Rome. + + 18 Soph. _Antig._ 659. + + 19 Coulanges, _Cite Antique_, p. 65. + + 20 Soph. _Antig._ 199. + + 21 Soph. _Phil._ 933. Soph. _Elekt._ 411. + + M14 The need of food for the dead; + + 22 Aesch. _Pers._ 609-618. The speaker in this case is a Persian and a + woman; but many passages might be quoted from the Greek poets. _Cf._ + Lucian, _De Luctu_, 9. {~GREEK CAPITAL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}: {~GREEK SMALL LETTER OMEGA WITH DASIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER ETA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH DASIA AND OXIA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + M15 the same in Egypt, + + 23 Edited by C. H. S. Davis (Putnam, 1894). + +_ 24 Id._ chap. liii. + +_ 25 Id._ chap. lxxii. + +_ 26 Id._ chap. lxxvii. + + M16 and in India. + M17 Ancestor-worship not necessarily post-Homeric. + +_ 27 Cite Antique_, p. 93, {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}. + + M18 The hearth and the tie of common blood. + M19 Possible course of social development. + M20 The change of tribesmen into citizens. + +_ 28 Wks. & Days_, 327-332. + +_ 29 Id._ 353-5. + + M21 The study of the family introductory to the history of the tribe. + M22 The duties of the individual to his {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, + M23 began with his living parents; + +_ 30 Laws_ 717, Trans. Jowett, _cf._ 729 C and 931 A. + + M24 and extended to their tomb. + + 31 Arist, _Ath. Pol._ lv. 3. Isaeus, viii. 32. "The law commands us to + maintain ({~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}) our parents even if they have nothing to leave + us." _Cf._ Ruth iv. 15 {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. + + _Iliad_ iv. 477 and xvii. 302. + + ... {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}... + + Hesiod, _Works and Days_, 118. + + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + 32 Plato, _Laws_, 877 C. + + 33 Aeschin. _c. Timarch._ 13. + + 34 Isaeus, iv. 19 (_Nicostrat._). + + M25 Continuity of the family; + M26 in the _Ordinances of Manu_; + +_ 35 Ordinances of Manu_, translated by A. C. Burnell, edited by E. W. + Hopkins. London: 1884. Bk. ix. 106, 8, 182, 137, 161. + + M27 and according to Plato. + +_ 36 Laws_, 721 B, Trans. Jowett, _cf._ 923 A. + + 37 Dem. _c. Leoch._ 1090, and _Il._ xxiii. 163, xvi. 455, xxiv. 793. + + 38 Dem. _c. Macart._ 1077. + + 39 Isaeus, ii. 36 and 42. + + 40 Arist. _Pol._ 1, 2, 4, {~GREEK CAPITAL LETTER ETA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + M28 The importance of male succession. + + 41 Plut. _Lycurg. and Numa_ 4. Xen. _Rep. Lac._ i. 7 to 9. + + 42 From Xen. _Rep. Lac._ i. 9, it would seem that such children, born + into a family where there were already children of both father and + mother, had no share in the family property. + + 43 This was the practice also in Arabia (Rob. Smith, _Kinship &c._, p. + 110). + + 44 Herod. v. 40. + + 45 Herod. vii. 205. Quoted by Hearn, _Aryan Household_, p. 71. + +_ 46 Iliad_ xv. 497. + + 47 Is. vii. 30. + + 48 Is. ii. 36. + + 49 Is. iii. 59 and 60, vi. 28. + + M29 Succession through a daughter. + + 50 For want of a better translation implying "going with the property" + this word will be rendered by "heiress." + + 51 Is. viii. 31. _Cf._ {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} in Dem. _in Neaeram_ 1386. + + 52 Demosth. _Steph_. ii. 1134. Son. of {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} inherits ({~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}) {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}; {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + 53 Is. vi. 14. _Cf._ Ar. _Vesp_. 583 _et seq._ + +_ 54 Manu_ ix. 131 and 132. + +_ 55 Ib._ 136. + +_ 56 Ib._ 135. + + M30 She must marry the next of kin. + +_ 57 Laws_, 924. + +_ 58 Cf._ Terence, _Phormio_ 125-6. + + Lex est ut orbae, qui sunt genere proxumi, + Eis nubant, et illos ducere cadem haec lex jubet. + + and Diod. Sic. xii. 18: {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMEGA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} + {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M31 even though already married. + + 59 Isaeus, iii. 64. + +_ 60 Ordinances_ iii. 11. + + 61 Isaeus, i. 39. + + M32 Similar rules in the laws of Gortyn, + + 62 vii. 15-ix. 24. We may compare this with _Odyssey_ vii. 60 _et seq._ + where Alkinoos marries his _niece_, Arete, the only child and + therefore {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of his brother Rhexenor. + +_ 63 c. Macart._ 1068 (_Law_) + + 64 (Plut. _Solon_ 21. {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. Plato, _Laws_ 925. A heiress _must_ marry a citizen. In + the Gortyn laws, if any one marry the heiress contrary to law, the + next of kin shall have the property). + + M33 and amongst the Israelites. + M34 The levirate proper not found in Greece. + M35 The widow returned to her guardian. + + 65 Dem. _c._ _Macart_. 1076. Widow only allowed to remain in her + deceased husband's house on plea of pregnancy and under the + guardianship of the archon. + + Dem. _c._ _Boeot_. 1010. Wife leaves her husband's house and is + portioned out again by her brothers. + + 66 Cf. _Ord. of Manu_ v. 147-8. "No act is to be done according to + (her) own will by a young girl, a young woman, or even by an old + woman, though in (their own) houses. + + "In her childhood (a girl) should be under the will of her father; + in her youth, of her husband; her husband being dead, of her sons; a + woman should never enjoy her own will." + + 67 Dem. _c._ _Spoud_. 1029. Father takes away daughter and gives her to + another. + + _Cf._ also Dem. _c._ _Eubulid_. 1311. + + Isaeus, v. 10. By coming into an inheritance from his first cousin, + a man also becomes guardian ({~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) of his three + female first cousins, though all married. + + 68 Dem. _pro Phormio._ 953. + + 69 As in Isaeus, ii. 7 and 8. + + 70 ix. 70. &c. + + M36 Marriage of near relations. + + 71 vii. 11 and 12. + + M37 The levirate among the Israelites. + M38 The case of Tamar. + + 72 Gen. xxxviii. 10. + + M39 The case of Ruth. + + 73 Ruth i. 8-12. + + 74 For the meaning of {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} see below p. 55. + + M40 Dependence on the next of kin. + M41 The son of the heiress must leave his father's house, + + 75 xi. 49. + + M42 and enter that of the deceased relative + + 76 Isaeus, vii. 31. + +_ 77 c. Macart._ 1077. + + M43 Hence the custom of adoption. + + 78 Dem. _c. Leochar._ 1093. {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~}. + + 79 Is. x. 17. + + M44 The introduction of the heir to the kindred. + + 80 Arist. _Pol._ 1, 2, 4 {~GREEK CAPITAL LETTER ETA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + M45 The same for true as for adopted son. + M46 The ceremony at Athens; + + 81 Is. ii. 14. + + 82 Is. vii. 1, 16, 13 and 27. + + 83 Dem. _c. Eubulid._ 1315. + + 84 Is. vi. 25. + + 85 Andoc. _de Myst._ 126. + + 86 Dem. _c. Macart._ 1054 and 1078. + + 87 Dem. _c. Leoch._ 1091. Isaeus iii. 80 and viii. 18. + + M47 and at Gortyn; + + 88 Isaeus ix. 7 (_Astyph._) {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}. + + 89 Isaeus vi. 44; ix. 2 and 33; x. 2 and 4. Dem. _c. Leoch._ passim. + _Cf. Manu_, ix. 142. + + 90 Dem. _c. Leoch._ 1094, 1099, and (_lex Solonis_) 1100. + +_ 91 Ib._ 1090. + + M48 and also in India. + + 92 Mayne on _Hindu Law_ (1892), p. 105 and 162. + +_ 93 Op. cit._ p. 141-2 and 189. _Manu_ ix. 142. He offers no cake to + his original ancestors. + + M49 The introduction to the deme. + M50 The custom of tonsure. + +_ 94 Thes._ 5. + + 95 {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}: in Homer to "begin" a sacrifice by offering the _hair_ + of the victim. Later, to "dedicate." + +_ 96 Il._ ii. 542 {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 97 Herod, iii. 8. The Arabs cut their hair in a ring away from the + temples. + +_ 98 Il._ xxiii. 141-6. + + 99 Paus. i. 37, 3. + +_ 100 Char._ 21. + +_ 101 Deipnosoph._ xi. 88. + +_ 102 Manu_ ii. 65. + +_ 103 Cf._ ii. 38. This was the last year that a Brahman could receive + investiture. + + 104 Isaeus, vi. 10. + +_ 105 Anc. Grk. Inscr._ Brit. Mus. cccxv. cccxvii. and cccxviii. Oath of + mother required before legitimacy registered, in the island of + Kalymna. + +_ 106 Cf._ Aristot. _Ath. Pol._ xlii. + + 107 Isaeus, iii. 75. + +_ 108 Ib._ vi. 47. _Cf._ Deuteronomy xxiii. i. + + M51 Liability for bloodshed rested on a group of kinsmen. + + 109 Robertson Smith, _Kinship, &c. in Arabia_, p. 262. + + 110 Dem. _in Euerg._ and _Mnesib._ 1160. + + 111 Dem. _Macart._ 1069. _Cf._ Deut. xxi. 1-9. + +_ 112 Cf. Od._ iii. 195. + + M52 No ransom for murders within the tribe; + +_ 113 Il._ ix. 63. + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, + {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 114 Il. xiii. 695. _Cf._ xv. 335. + +_ 115 Il._ xvi. 572. + +_ 116 Il._ ii. 662. + +_ 117 Cf. Od._ xiii. 259, xiv. 380. + + M53 or between citizen and citizen. + + 118 Quoted in Dem. _c. Aristocrat._ 629. + +_ 119 Laws_ 865 d. + +_ 120 Ib._ 871. Soph. O.C. 407. Oedipus could not be buried on Theban + soil, because he had shed {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}. + +_ 121 Cf_. Aeschines in _Ctesiph._ 244. + + 122 ix. 17-19. _Cf._ Dem. _c. Pantaen._ 983, 59. + + 123 Plato, _Laws_ 871 D. + + 124 Plato, _Laws_ 871 B. _Cf._868. + +_ 125 Ib._ 872 E. _Cf._ Tacitus, _Germania_, 21. Suscipere tam + inimicitias seu patris seu propinqui quam amicitias necesse est. Nec + implacabiles durant: luitur enim etiam homicidium certo armentorum + ac pecorum numero, _recipitque satisfactionem universa domus_, + utiliter in publicum, quia periculosiores sunt inimicitiae juxta + libertatem. + +_ 126 Ib._ 873 E. + + 127 Herod. i. 44. + + M54 All kinsmen were not equally responsible. + M55 The unity of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 128 v. _infra_ p. 90 _et seq._ + +_ 129 c. Leoch._ 1083. + + 130 Dem. _c. Macart._ 1055-6. + + 131 Isaeus, viii. 32. + + M56 Grades of kinship in Western Europe. + M57 The position of the great-grandson, + M58 in Wales, + +_ 132 Venedotian Code_, ii. xii. + + 133 Lady Charlotte Guest's _Mabinogion_, p. 234. + + M59 and in feudal Normandy. + M60 The custom of _parage_. + + 134 cxxviii-cxxxi. + + M61 Co-heritage in Wales. + +_ 135 Dimetian Code_, ii. xxiii. + + M62 Degrees of relationship in India. + +_ 136 Manu_, ix. 186. + +_ 137 Manu_, iii. 5. + +_ 138 Manu_ v. 60. + + M63 Four generations share in the cake-offering. + M64 Similar grouping of the pourers of the water libation. + +_ 139 Gwentian Code_, ii. viii. + + M65 The {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} includes four generations. + + 140 Dem. _c. Makart._ 1076. + + M66 The {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} at Athens. + + 141 Cf. _infra_, tree on p. 62. + + 142 Dem. _c. Makart._ 1055-6. + + 143 Dem. _c. Makart._ 1077. + +_ 144 Id._ 1078 _et seq._ + + M67 The right of succession limited to the great-grandchild of the + common ancestor. + M68 The law according to Isaeus. + + 145 Isaeus, vii. 22, and xi. i. + + 146 Isaeus, xi. 30. + + M69 The law according to Demosthenes. + +_ 147 c. Makart._ 1067. + + 148 In Dem. _c. Leochar._ 1088. {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} is used to denote the + relationship of a man to the adopted son of his great-uncle, or, as + we should say, first cousin once removed. + + M70 No {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} beyond great-grandsons. + +_ 149 c. Makart._ 1053. + + M71 The heir always ranked as _son_. + + 150 Dem. _c. Makart._ and _c. Leoch._ 1100, &c. + + M72 Hence the limit of the inheritance at cousin's children. + M73 Disinheritance must be sanctioned by kinsmen. + + 151 The wife's kin are no kin to her husband, but _are_ to her son. + + 152 Plato, _Laws_, 929 c. Trans. Jowett. + + M74 The case of the estate of Hagnias in Isaeus and Demosthenes. + + 153 Dem. _c. Makart._ 1058. + +_ 154 Id._ 1070. + + 155 Mentioned in Dem. _c. Makart._ 1056. + + M75 Equal division amongst heirs of the same grade. + M76 The share of a dead son taken by his children. + +_ 156 Supra_, p. 56. + + M77 If sons all dead, grandsons probably divided _per capita_, + M78 as in the case of nephews and cousins. + +_ 157 c. Makart._ 1068, _supra_, p. 26. + + M79 Purity of tribal blood jealously guarded. + M80 In Wales, privileges attained in the fourth generation by + intermarriages. + +_ 158 Welsh Laws_, iv. i. and x. vii. Exception is made for the _son of a + stranger chieftain_. + +_ 159 Welsh Laws_, v. ii. and _Vened. Code_, ii. xvi. and elsewhere. + + M81 Otherwise not until the tenth generation. + +_ 160 Welsh Laws_, v. ii. + +_ 161 Welsh Laws_, xiii. ii. + +_ 162 Venedotian Code_, ii. xiv. and _Gwentian Code_, ii. xxx. _Cf._ the + Shunammite's _cry unto the King_ for restoration of her house and + fields after an absence of seven years. 2 Kings viii. 3. + + M82 The same rule amongst the Israelites. + M83 Shorter time in special cases. + + 163 Gen. xlviii. 5. _Cf._ Pindar, _Ol._ viii. 46. Troy to be subdued by + children of Aeacus in first and fourth generations. + + M84 The privilege of citizenship jealously guarded at Athens. + + 164 Dem. _in Neaer._ 1376. + +_ 165 Anc. Inscrip._ Brit. Mus. ccxxxviii. Citizenship had to be + confirmed on son of foreigner admitted to citizenship. + + M85 Abhorrence of alien blood. + M86 Citizenship only conferred as the highest honour. + M87 Qualification dependent on ancestry and status of family. + +_ 166 Ath. Pol._ lv. 3. + +_ 167 Cf._ Pollux, viii. 85: {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 168 Cf._ Aristot. _Pol._ iii. 2: {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER XI~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}, + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND VARIA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M88 Fourth generation acquired new privilege or status. + +_ 169 Oed. Tyr._ 742 and 1063 quoted by Hearn, _Aryan Household_, p. + 206. + + {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}; {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMEGA WITH VARIA~} + {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH OXIA~} ... + + _Cf._ Demosth. 1327. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 170 Handbuch der Griechischen Staatsalterthuemer_, von G. Gilbert, ii. + p. 298, quotation from Dittenberger 371, 4 ff.:--({~GREEK SMALL LETTER OMICRON WITH DASIA~}) {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}({~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}){~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}){~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}({~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}){~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}({~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER IOTA WITH DASIA~}){~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER XI~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} ({~GREEK SMALL LETTER TAU~}){~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 171 Nehemiah vii. 64. + + M89 Seventh generation in the Ordinances of Manu. + +_ 172 Manu_, x. 64. + + M90 All within the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} were liable. + + 173 Plato's _Laws_, ix. 871 B. + +_ 174 Cf._ 868. + + 175 872 E. + + 176 878 D. + + M91 The Law of Draco. + + 177 Dem. _c. Makart_, 1069. + + There is some uncertainty in the text of this passage, but the + following is Blass' reading adopted by Kohler:--{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + I am indebted to Mr. J. W. Headlam for this information, and also + for the fact of the discovery of the confirmatory inscription. + + 178 Dem. _c. Euerg. et Mnesib._ 1161. {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}; {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} etc.... _Cf._ Pollux, viii. 118 (obviously quoting this + passage). + + M92 The case of murder within the {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}. + +_ 179 Laws_, 877 c. + +_ 180 Cf._ 2 Sam. xiv. 7. House extinguished for fratricide. + + M93 The blood-fine or galanas in Wales. + +_ 181 Dimetian Code_, ii. i. + +_ 182 Gwentian Code_, ii. viii. _Cf._ Sapinda and Samanodaka: both owe + rites at death of kinsman. Manu, ix. 186, and v. 60, quoted above. + +_ 183 Venedotian Code_, iii. i. + + M94 Defilement rested upon the group of kinsmen. + +_ 184 Inscript. Jurid. Grecques_ par Dareste, &c., 1891, p. 10. + Inscription found at Iulis in Keos. _Fifth century_ B.C. _Cf._ + Numbers xix. 14. + +_ 185 c. Makart._ 1071. + + M95 The mother's relations included in Greece and in Wales. + +_ 186 Welsh Laws_, vol. i. 229. Cf. _Ord. of Manu_, ix. 201, where list + of those incapable of receiving inheritance includes eunuchs. + + M96 The usual holding of a citizen was called a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} or "lot." + + 187 {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}. _Pol. Ath._ 9. + + M97 The relation of ownership of land to the structure of the family. + + 188 Cf. _Cic. de Legibus_ ii. 21. Nam sacra cum pecunia pontificum + auctoritate, nulla lege conjuncta sunt. + + 189 Dem. _in Calliclem_, 13-14. Coulanges, _Problemes d'Histoire_, p. + 19. + + 190 Arist. _Pol. Ath._ lv. 3; Harpocration, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER ETA~} {~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK CAPITAL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} ... + + 191 In other words, the devisee could not possess the property devised + to him until his place as heir in the succession by blood or + adoption was legally established. + + 192 Isaeus, i. 17. The "friendship" insured that his presence and + officiating at the tomb would be acceptable to the soul of the + deceased--always an important consideration. + + M98 Early semi-pastoral habits. + + 193 Thuc. i. 2. {~GREEK CAPITAL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMEGA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + +_ 194 Od._ 21. 16. Cf. _Il._ xi. 682 _sq._ where the booty consists of 50 + herds of kine, 50 flocks of sheep, 50 droves of swine, 50 flocks of + goats, and 150 chestnut mares, many with foals at foot. + +_ 195 Il._ xx. 216-8. + +_ 196 Il._ xxi. 602. Cf. _Od._ iii. 495. + + M99 Modern methods of land-tenure in Greece and the islands. + +_ 197 Consular Reports_, p. 20. + +_ 198 Ibid._ + + M100 Family-holdings in Santa Maura. + + 199 P. 199. + +_ 200 Consular Reports_, pp. 23 and 30. + + M101 The open field system in Greece, + M102 and in the islands. + +_ 201 Ibid._ p. 26. + +_ 202 Ibid._ p. 40. + +_ 203 Ibid._ p. 49. + + M103 The open field system in Homer. + + 204 "The Homeric Land System," _Journal of Hellenic Studies_, 1885. + + M104 Ownership of the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} vested in the head of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 205 Isaeus, xi. 49 (Hagnias). + + 206 Harp. _s. v._ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK KORONIS~} {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}; {~GREEK CAPITAL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}. {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK KORONIS~} + {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~}. {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}. + + M105 Dependence of other members of the {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + 207 Isaeus, vii. 15 and 27, (Apollod.) + + 208 1055 _et seq._ _Cf._ 1149 where one brother lives with his father + after the division, whilst his brother has a house of his own: and + 1086 where two brothers live apart but with undivided estate. + + M106 The prerogative of the eldest brother, + +_ 209 Il._ xv. 187 _sq._ + +_ 210 Ib._ xiii. 355. + +_ 211 Cf._ the use of {~GREEK SMALL LETTER ETA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} ("revered") as the stock epithet of the + _eldest_ brother in Homer _Il._ vi. 518, and elsewhere. Pollux, + _On._ 3, 24, states that this is the right use of the word. + + M107 contrasted with the power of the head of the household. + +_ 212 Od._ xiii. 142. + +_ 213 Il._ iv. 59 _sq._ + + {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMEGA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}; + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK CAPITAL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}, + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}; {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 214 Od._ i. 397, _cf._ ix. 115. + + 215 xxix. {~GREEK CAPITAL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}. + + {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ETA~}, {~GREEK SMALL LETTER ETA WITH DASIA AND VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER EPSILON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}, {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~}, + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}; {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} + {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK CAPITAL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. + + 216 Pol. I. 2, 6. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. _Cf._ + use of {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} in _Aesch. Ag._ 1300, _Choeph._ 486 and 631. + +_ 217 Gortyn Law_, iv. 24, _supra_ p. 47. + + M108 No joint holding between a father and his sons. + + 218 In the island of Tenos, according to an inscription of the second or + third century B.C., the transfer of undivided fractions of houses + and property was of exceedingly common occurrence. Sales are + recorded of a fourth part of a tower and cistern; half a house, + lands, tower, &c. _Inscr. Jurid. Gr._: Dareste, &c. p. 63. + + M109 Confirmatory evidence of the Gortyn Laws. + +_ 219 Gortyn Laws_, iv. 29-31. + + M110 But the land was in theory inalienable from the family. + + 220 Cf. _Ordinances of Manu_, ix. 213-4. "If an eldest (brother), + through avarice, commit an injury against his younger (brothers), he + should be made a not-eldest and _shareless_, and be put under + restraint by kings." + + "None of the brothers who perform wrong acts _deserve_ (share in) + _the property_, ..." + +_ 221 Laws_, 877 c. + + 222 Lev. xxv. 25; Jerem. xxxii. 8. + + M111 Close analogy in the custom of Gavelkind in Kent. + + 223 Another version runs: + "The fader to the bonde + And the son to the londe." + + Sandys, _History of Gavelkind_, 1851, pp. 5 and 150. + + M112 Allotment or "gift" to a bastard son. + M113 But he was not admitted to his father's family. + +_ 224 Od._ xiv. 209. _Cf._ Pindar, _Ol._ ix. 95-100. Bastard prince named + after his mother's father and given one {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}. + + 225 Is. vi. 23. + + 226 Cf. _Eur. Ion_ 1541. + + ... {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M114 Gifts of land to new citizens. + + 227 See inscriptions quoted in _Mittheilungen Athen._ vol. 9, pt. 1, p. + 60. {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} ... {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + ... {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} (?) {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~}, {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER NU~}, + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~}, &c. ... {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + Cf. _Cauer Delect._ 221. {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}, &c. ... and 232. + + _Do._ 395 (4th cent. B.C.). So many plethra each {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER MU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. + + _Do._ 27. The importance of the grant of {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} must lie in its + being the evidence of admission to full privilege. _V. infra_, p. + 139. + + M115 Dependence of sons during their father's life. + + 228 p. 122, note A. + +_ 229 Manu_, ix. 104-106. + + M116 His property divided amongst them at his death. + + 230 iv. 184. "An elder brother is equal to a father." + + M117 But special respect shown to the eldest son. + + 231 ix. 182. + + 232 iii. 171-2. + + 233 ix. 110 and 213. + + 234 ix. 111. + + M118 The duties of the householder. + + 235 iii. 77 _et seq._ + + 236 vi. 90. + + 237 iii. 67, 70, and 72. + + M119 Honour paid to the guest. + + 238 iii. 108. + +_ 239 Elektra_, 784. + +_ 240 Elektra_, 637. + +_ 241 Od._ viii. 546. {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}, + {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + +_ 242 Od._ iii. 30-80. + + M120 Right of maintenance of the younger members of the family. + +_ 243 Cf. Manu_, ix. 163. "The son of the body is the one and only lord + of the paternal wealth: but to do the others no harm he should + afford (them something) to support life." + +_ 244 Manu_, ix. 115. + + 245 ix. 214. + + 246 ix. 118. + + 247 ix. 47. + + 248 ix. 210. + + 249 ix. 209. + + 250 ix. 208. Though viii. 416 states the contrary. "A wife, _son_, and + slave are said to be without property: whatever property they + acquire is his to whom they (belong)." + + 251 ix. 207. + + M121 The {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} and his {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} contrasted with the tribesman and his + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 252 Il._ xx. 165. + + M122 The possessions of the {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 253 Od._ xiv. 96. + +_ 254 Il._ vi. 194. + +_ 255 Il._ ix. 574; _cf._ xx. 184. + +_ 256 Il._ xiv. 121. + + 257 Or "belonging to a _basileus_." + + 258 Cf. _Il._ xi. 67. "As when reapers over against each other drive + their swaths through the ploughland of a rich man of wheat and + barley, and thick fall the handfuls"... + + This contrast is drawn by Professor Ridgeway: _op. cit._ p. 19 + _Journal of Hellenic Studies_, 1885. + + M123 The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} of the tribesman probably in the open fields in the + plain. + +_ 259 Il._ xviii. 541. + +_ 260 Il._ xxi. 602. + + 261 Ridgeway, _op. cit._ + + 262 Plato, _Laws_, 842. E. {~GREEK CAPITAL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMEGA~}; {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} ... {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} + ... {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}, {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}, {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}, + {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}. + +_ 263 Il._ xi. 558. + +_ 264 Il._ xii. 421; _v._ Ridgeway, _op. cit._ + + 265 Isaeus, ix. 17-19. + + 266 {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. _Il._ xxiii. 832. _v._ Ridgeway, _op. cit._ p. 16. + + M124 The {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} "honoured like a god with gift of a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}." + +_ 267 Il._ xii. 313. Cf. _Il._ ix. 297. A good king also has power over + the crops, etc., to bring plenty. See _Od._ xix. 110-5. Frazer, + Golden Bough, i. 8 _et seq._ + +_ 268 Il._ vi. 191. + +_ 269 Il._ xii. 313. {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~} (_not_ {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA~}). + +_ 270 Od._ vi. 291-3. Xenophon states that choice portions of land in the + territory of many neighbouring towns were set apart for the king of + Sparta. _Rep. Laced._ xv. 3. + +_ 271 Od._ xi. 184. + + M125 The {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} descended from father to son. + +_ 272 Il._ xx. 391, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + + 273 {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}. + + 274 Vide _Il._ ii. 46 and 101-8. Agamemnon's {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} had been + handed down to him in succession from Thyestes, Atreus, Pelops, + Hermes, and Zeus, for whom it had been made by Hephaistos. + +_ 275 Od._ i. 386. Cf. _Od._ ii. 22. {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER DELTA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}. + + Cf. _Od._ i. 407. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}? + + Cf. _Od._ xi. 185. Telemachos {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ALPHA~} of Odysseus. + + Cf. _Od._ xx. 336. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + M126 Iason's claim upon his great-grandfather's estate. + + 276 Pindar, _Pyth._ iv. 255 _et seq._ + + M127 Rich tribesman might hold several {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}. + +_ 277 Od._ xiv. 211. + + 278 Cf. _Il._ xii. 421. {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + M128 The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} was the holding of the head of an {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + +_ 279 Od._ xiv. 62. + +_ 280 Od._ xiv. 211. + + 281 Wks. and Dys. 405. The next line which explains that the woman is to + be slave and _not_ a wife is evidently a later addition. Aristotle + did not know it, and interpreted {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA~} as wife. + +_ 282 Pol._ i. 2, 5-7. + + 283 I am indebted to Professor Ridgeway for the right meaning and + derivation of this word, which stands for {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, having the {~GREEK SMALL LETTER ALPHA~} + long and not short as stated in Liddell and Scott's Dictionary. + Another reading is {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} which would mean sharers of the smoke + or hearth. + + 284 Pindar, _Nem._ ix. 11. + + M129 and supplied the maintenance the house. + +_ 285 OEcon._ i. 2. {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. Pol. i. + 4, 1. {~GREEK SMALL LETTER ETA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + +_ 286 Od._ iv. 318. + +_ 287 Od._ xiv. 158; xvii. 155; xx 230. {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER IOTA WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK KORONIS~} {~GREEK CAPITAL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER ETA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMEGA~}. + + M130 Force of the bond of food. + +_ 288 Il._ vi. 230. + + M131 The need of an established household strongly felt. + +_ 289 Il._ xv. 497. + + 290 p. 75. Mr. Leaf mentions other countries where the father takes a + new name as father of his eldest son. + +_ 291 Od._ iv. 754-7 + + {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON~} + {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ETA WITH YPOGEGRAMMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PSI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~}. + + "Far away" implies width of sway and extent of influence; and the + protection of outlying properties would necessitate a great name and + a strong hand. + + M132 Diversion of inheritance by death of heir a sore evil. + +_ 292 Il._ v. 151 _et seq._ + +_ 293 Od._ vii. 150. + +_ 294 Od._ xi. 184. _Cf._ xx. 336. {~GREEK SMALL LETTER OMICRON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} (= Telemachos) {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + M133 Naboth's vineyard bound to his family and heir. + + 295 1 Kings xxi 3. + + 296 Ezekiel xlvi. 16. + + M134 The maintenance of the chiefs levied upon the people under the name + of gifts. + +_ 297 Od._ i. 392. + + 298 {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} in Homer means "prince" and is applied to a class, not a + single chieftain. _Il._ xii. 319 of Sarpedon and Glaukos. _Il._ iv. + 96 of Paris. _Od._ i. 394 of the Ithakans. _Od._ viii. 41 and 390 of + the Phaeakians. _Cf._ + +_ 299 Il._ xvii. 250. + +_ 300 Il._ xxiv. 262. + +_ 301 Od._ ii. 74. + +_ 302 Od._ xiii. 13. + +_ 303 Od_. xix. 195. + + M135 The right to receive such "gifts" could be transferred to another. + +_ 304 Il._ ix. 291. Cf. _Il._ ix. 483. Peleus enriched Phoinix, and gave + him much people ({~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}) to be {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER XI~} over. + +_ 305 Od._ iv. 174. + + M136 In India the chief of a town might receive the king's supplies. + +_ 306 Manu_, vii. 118. + + 307 vii. 123. + + M137 The maintenance of the Great King, + + 308 Herod, i. 192. + +_ 309 Ibid._ + + M138 and of Solomon. + + 310 1 Kings iv. 7-27. One of these officers was over "threescore great + cities with walls and brazen bars." + + M139 Revenue from land in ancient Egypt. + + 311 Herod. ii. 109. + + 312 Genes. xlvii. 26. + + M140 Grants of land to the prince easily made, in their elastic system of + agriculture. + + 313 Pind. _Nem._ vi. 11 (Trans. Myers), _cf._ Ridgeway, _op. cit._ p. + 20. + + M141 Such grants were a special honour, and served to relieve other + contributions. + + 314 Ezekiel xlv. 8, 9. + + 315 Ez. xlvi. 18. + +_ 316 Od._ xxiv. 207. + + M142 Modern specimens of the elasticity of Greek methods. + + 317 Mahaffy, _Rambles in Greece_, 3rd ed. p. 200. + + 318 Rennell Rodd's _Customs and Lore of Modern Greece_, p. 58. + + M143 The gifts to the prince not actually food-rents for the land. + M144 The chief's land apart from the tribesmen's. + +_ 319 Od._ vi. 293. + +_ 320 Ib._ 259. + + M145 The land sustained the householder in his duties to other members + and guests. + M146 The chief had the right to demand gifts from the people; + M147 he had tribal right to a {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, as the tribesman to a {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, + M148 but could not deprive the tribesman of his land. + + 321 The {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is spoken of as capable of good cultivation by means of a + yoke of oxen. + + M149 Hesiod an immigrant: not a typical case of a family. + +_ 322 Works and Days_ 637. Possession of land would presuppose admission + to full civic rights. _V. supra_, p. 97. + +_ 323 Il._ ix. 648; xvi. 59. + +_ 324 W. and D._ 345 &c. {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ALPHA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}. + + M150 Land was in theory inalienable from the family. + + 325 Arist. _Pol._ VIII. ii. 5. {~GREEK SMALL LETTER ETA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} + {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}; {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER OMICRON WITH DASIA AND OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~} {~GREEK CAPITAL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} + {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~}. Cf. _Id._ iv. 4 + {~GREEK SMALL LETTER OMEGA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~}.... {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMEGA WITH OXIA AND YPOGEGRAMMENI~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. + +_ 326 Laws_ 741. + +_ 327 Laws_ 923. + + M151 In Sparta child must be accepted by its father's tribesmen, + +_ 328 Lycurg._ xvi. + + 329 Suidas; and Harpocration _s.v._ {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}:--{~GREEK CAPITAL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}, {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. {~GREEK SMALL LETTER ETA WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER ETA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ETA WITH DASIA AND PERISPOMENI AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER UPSILON WITH DASIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} + {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. Octopus is + still a staple article of food on the shores of the Mediterranean. + + M152 who decided as to its maintenance. + +_ 330 Nouvelles Recherches_, 1891, p. 63. + + M153 Maintenance derived from the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}. + M154 The family bound to their land at Athens; + + 331 Arist. _Pol. Ath._ 2 and 5. + + M155 and in Lokris. + + 332 Dareste, &c, _Recueil des Inscr. Jurid. Gr._ xi. + + M156 But heirs at Athens also must first be accepted by group of kinsmen. + + 333 Isaeus, iii. 60 and 42; vi. 48. + + 334 Isaeus, iii. 73 and 80. + + M157 Further application of the idea of family land. + M158 Two methods of occupation of land: (1) by owner himself; (2) by + subject population. + + 335 Cf. _Thuc._ ii. 16 for Attica. Such are the numerous small farmers + who appear in the plays of Aristophanes. + +_ 336 Athen._ vi. 85. {~GREEK CAPITAL LETTER BETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} ({~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}) {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER BETA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER THETA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER OMICRON WITH DASIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PHI~}{~GREEK KORONIS~} {~GREEK SMALL LETTER OMEGA WITH OXIA AND YPOGEGRAMMENI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER KAPPA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}, {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ETA WITH VARIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER XI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER FINAL SIGMA~} + {~GREEK SMALL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER OMEGA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}. _Cf._ Strabo, xii. 3, 4. + + M159 At Gortyn on extinction of citizen-family the {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~} inherited. + + 337 Gortyn. v. 25. {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ETA WITH VARIA~} {~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI AND PERISPOMENI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER BETA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DIGAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK KORONIS~} + {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~}, {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH PSILI AND OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}. The words {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DIGAMMA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} + should be taken with {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~}, &c, rather than with the preceding + words. {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA AND OXIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK KORONIS~} {~GREEK SMALL LETTER IOTA WITH PSILI AND OXIA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER OMICRON WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} is equivalent to {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA WITH DASIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH PERISPOMENI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + + See Dareste, &c, _Inscript. Jurid. Gr._ p. 463. + + M160 Similar twofold tenure in the Athenian {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}. + M161 Examples in Salamis, + +_ 338 Mittheil. Inst. Ath._ ix. p. 117. The original number of {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PERISPOMENI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~} + in this case was apparently five hundred. + + M162 in Lesbos, + + 339 Thuc. iii. 50. + + 340 {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER ETA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}. + + 341 {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}. + + 342 Aelian, _V. II._ vi. I. _Cf._ Herod, v. 77 and vi. 100. + + M163 Each {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} therefore supported two families. + + 343 Smith's _Dicty. of Antiquities_, s.v. _colonia_. + + 344 Bekker, _Charicles_, p. 218. + + 345 Ridgeway, _Origin of Currency_, &c., p. 324. + + 346 The ordinary Athenian dicast is supposed to have subsisted largely + upon his pay of three obols or a half-drachma _per diem_. + + M164 The same double ownership in leases "for ever." + + 347 Dareste, &c, _Recueil Inscr. Grec._ p. 256 xiii. + + 348 Cauer, _Delectus_, 263. + + {~GREEK CAPITAL LETTER SIGMA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}[{~GREEK SMALL LETTER IOTA~}] {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}[{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER KAPPA~}]{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER RHO~} {~GREEK SMALL LETTER EPSILON WITH PSILI~}{~GREEK SMALL LETTER NU~} {~GREEK CAPITAL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER OMICRON WITH PSILI~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}. {~GREEK CAPITAL LETTER PHI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER THETA~}{~GREEK SMALL LETTER ALPHA WITH PERISPOMENI~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER UPSILON WITH OXIA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH VARIA~} {~GREEK SMALL LETTER DIGAMMA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~} {~GREEK CAPITAL LETTER ALPHA WITH PSILI~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER RHO~}; + {~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER IOTA WITH PSILI~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER IOTA~}, {~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER OMICRON~}. {~GREEK CAPITAL LETTER PI~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~} {~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}. + + 349 Dareste, &c, _Inscr. Jurid. Grec._ xiii. quater. (Mylasa in Karia. + Second century B.C.) _summarised:_-- + + A. The tribe ({~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER ETA WITH OXIA~}) of the Otorkondeis at the advice of their + treasurers and led by the priest of Artemis, decide to purchase from + Thraseas, son of Polites son of Melas of Grab ... and adopted son of + Heracleitos son of Heracleides of Ogonda, lands ({~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~}) in the Ombian + plain with the sixty-two ranks of vines, three olive trees, and all + the other trees without reserve, also lands elsewhere with the trees + without reserve for 5,000 drachmae of light Rhodian silver, provided + that Thraseas has the sale registered with sureties. Moreover, + Thraseas coming to the ekklesia declared that he was ready to manage + these things: and the sale having taken place of the said + (properties) to the trustees in the name of the god. Thraseas + himself then and there took on lease all the said (properties) from + the treasurers of the tribe: and he shall hold them ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}) + for his patrimony, himself and his issue or those to whomsoever the + inheritance of his goods passes, and he shall pay annually to the + treasurers of the tribe 100 and ... drachmae, without fail or fraud. + + B. ... all the land and trees which Thraseas has bought from + Artemisia, daughter of Hekataios of Ketambissos, without exception + in these places either in the matter of the share he took in the + division with his brother or of what he bought from Artemisia, all + for 7,000 drachmae of light silver of Rhodes, provided that Thraseas + register the sale and give sureties. And coming before the ekklesia + Thraseas declared that he was prepared to manage this; and the sale + of the foregoing having taken place to the trustees in the name of + the god, Thraseas himself then and there took on lease all the + foregoing from the treasurers of the tribe: and he shall hold them + ({~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PSILI~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA WITH OXIA~}) for his patrimony, himself and his issue or those to + whom the inheritance passes, and he shall pay annually to the + treasurers of the tribe 300 drachmae. + + The rent forms part of the revenues of the god. If Thraseas gets + more than two years in arrear, the contract is annulled. + + He shall not divide the land or share the rent ({~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~} {~GREEK SMALL LETTER PI~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER CHI~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ETA WITH OXIA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~} {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} + {~GREEK CAPITAL LETTER THETA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER EPSILON WITH DASIA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER NU~}{~GREEK SMALL LETTER IOTA WITH VARIA~}.... {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER MU~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER IOTA WITH OXIA~}{~GREEK SMALL LETTER ZETA~}{~GREEK SMALL LETTER OMEGA~}{~GREEK SMALL LETTER NU~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER EPSILON WITH OXIA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER UPSILON WITH PSILI~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER EPSILON WITH VARIA~} {~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER LAMDA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA WITH PERISPOMENI~} {~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON WITH VARIA~}{~GREEK SMALL LETTER NU~} + {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER OMICRON WITH OXIA~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER NU~}). + + M165 Perhaps due to the prevailing idea of the family as a continuing + unit. + M166 No final word can yet be said. + M167 Explanation of the structure of the kindred to be found in the + descent of city life from earlier stage of tribal society. + M168 Similarity between the bond of tribal blood and that of citizenship. + M169 The threefold bond:-- + M170 (1) the bond of blood; + M171 (2) the bond of religion; + M172 (3) the bond of maintenance. + + 350 Robertson Smith (_The Religion of the Semites_) holds that the + object of sacrifice was thus to maintain this imaginary kinship + between the deity and the worshippers. + + M173 Many tribal customs survived in the kindred and the household. + M174 But these survivals mostly found in post-Homeric records. + M175 They perhaps belonged to the pre-Achaian inhabitants of Greece. + +_ 351 Companion to the Iliad_, pp. 6-7. + + 352 Since the foregoing chapters were in print, I have had the benefit + of seeing Herr Erwin Rohde's admirable work, entitled _Psyche_ + (Freiburg and Leipsig, 1894). His view is that the worship of Heroes + had the complete form of ancestor-worship: that, ancestors being + buried at the hearth, or in the family tomb on private ground, death + made no break in the membership of the family. And he claims that + the _Seelencult_ or ancestor-worship of the later Greeks must have + been continuous from pre-Homeric times. + + M176 But many were probably of wider parentage. + M177 Comparison with the history of the Jews. + M178 Reaction in times of distress to earlier tribal habits by the Jews, + and perhaps by the Achaians. + M179 These tribal habits probably only dormant throughout and common to + all Greeks, + M180 if not practically even to all tribal systems. + + + + + +***END OF THE PROJECT GUTENBERG EBOOK ON THE STRUCTURE OF GREEK TRIBAL SOCIETY: AN ESSAY*** + + + +CREDITS + + +August 18, 2008 + + Project Gutenberg TEI edition 1 + Produced by Frank van Drogen, David King, and the Online + Distributed Proofreading Team at <http://www.pgdp.net/>. 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