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diff --git a/26341-tei/26341-tei.tei b/26341-tei/26341-tei.tei new file mode 100644 index 0000000..de8302e --- /dev/null +++ b/26341-tei/26341-tei.tei @@ -0,0 +1,8513 @@ +<?xml version="1.0" encoding="utf-8" ?> + +<!DOCTYPE TEI.2 SYSTEM "http://www.gutenberg.org/tei/marcello/0.4/dtd/pgtei.dtd" [ + +<!ENTITY u5 "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 LAMBDA</desc> + <mapping>L</mapping> + </char> + <char id="U0x039c"> + <charName>Mu</charName> + <desc>GREEK CAPITAL LETTER MU</desc> + <mapping>M</mapping> + </char> + <char id="U0x039d"> + <charName>Nu</charName> + <desc>GREEK CAPITAL LETTER NU</desc> + <mapping>N</mapping> + </char> + <char id="U0x039e"> + <charName>Xi</charName> + <desc>GREEK CAPITAL LETTER XI</desc> + <mapping>KS</mapping> + </char> + <char id="U0x039f"> + <charName>Omicron</charName> + <desc>GREEK CAPITAL LETTER OMICRON</desc> + <mapping>O</mapping> + </char> + <char id="U0x03a0"> + <charName>Pi</charName> + <desc>GREEK CAPITAL LETTER PI</desc> + <mapping>P</mapping> + </char> + <char id="U0x03a1"> + <charName>Rho</charName> + <desc>GREEK CAPITAL LETTER RHO</desc> + <mapping>R</mapping> + </char> + <char id="U0x03a3"> + <charName>Sigma</charName> + <desc>GREEK CAPITAL LETTER SIGMA</desc> + <mapping>S</mapping> + </char> + <char id="U0x03a4"> + <charName>Tau</charName> + <desc>GREEK CAPITAL LETTER TAU</desc> + <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> 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<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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<mapping>R</mapping> + </char> + <char id="U0x1ff3"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH YPOGEGRAMMENI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1ff4"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH OXIA AND YPOGEGRAMMENI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1ff6"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH PERISPOMENI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1ff7"> + <charName>omega</charName> + <desc>GREEK SMALL LETTER OMEGA WITH PERISPOMENI AND YPOGEGRAMMENI</desc> + <mapping>o</mapping> + </char> + <char id="U0x1ff9"> + <charName>Omicron</charName> + <desc>GREEK CAPITAL LETTER OMICRON WITH OXIA</desc> + <mapping>O</mapping> + </char> + </pgCharMap> +</pgExtensions> + +<text lang="en"> + <front> + <div> + <divGen type="pgheader" /> + </div> + <div> + <divGen type="encodingDesc" /> + </div> + + <div rend="page-break-before: always"> + <p rend="font-size: xx-large; 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 --- 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