[79] In the post-Homeric age agnation did not exist; see BOTSFORD, _op. cit._, 73. In general on the Greek family see HRUZA, _Ehebegründung nach attischem Rechte_, 8 ff.; MCLENNAN, _Studies_, I, 121-23, especially the essay on "Kinship in Ancient Greece," _ibid._, 195-246 (favoring the maternal system); BOTSFORD, _op. cit._, chaps. i, ii, iii, supporting the patriarchal theory; but Dr. Botsford's patriarchal family is not that of Sir Henry Maine; LASAULX, _Zur Gesch. u. Philos. der Ehe bei den Griechen_, 3 ff.; DARGUN, _Mutterrecht und Raubehe_, 2, 3, 14; GIRAUD-TEULON, _Les origines, etc._, 286-301; WAKE, _Marriage and Kinship_, 24 ff., 355 ff., 366 ff., who criticises McLennan's view in detail for the Aryan peoples; KOVALEVSKY, _Tableau_, 35, 36; BERNHÖFT, "Das Gesetz von Gortyn," _ZVR._, VI, 281-304, 430-40; and his "Ehe- und Erbrecht der griechischen Heroenzeit," _ibid._, XI, 326-64, both articles being of great value; KOHLER, "Die Ionsage und Vaterrecht," _ibid._, V, 407-14, who proves the existence of "judicial" fatherhood; WESTERMARCK, _Human Marriage_, 232, 233; UNGER, _Die Ehe_, 52-65; BADER, _La femme grecque_, I, 41 ff.; II, 1 ff. See also HEARN, _Aryan Household_, and FUSTEL DE COULANGES, _Ancient City_, for much valuable matter. Examination of the customs of the Celts,[80] the Slavonians,[81] and ancient Germans[82] leads to a like result. Accordingly we are forced to admit the accuracy of Gaius's conclusion. Writing in the time of the Antonines, he declares his belief that the _patria potestas_ is peculiarly a Roman institution. Only among the Asiatic Galatæ had he observed a similar authority exercised by the father over his children.[83] Instead of existing "almost everywhere," often preserving as in a mold the imprint of the paternal power which it has outlived and upon which it is thought always to depend, among Aryan peoples agnation is found together with the _potestas_ only in one instance, that of the Roman law; and even in this case it was virtually the first to expire.[84] For, as is well known to the student of Roman jurisprudence, strict agnation, as determining right of succession, disappeared under the influence of the edict and imperial statutes long before the last vestige of the real _patria potestas_ was swept away by the legislation of Justinian.[85] [80] MCLENNAN, _Patriarchal Theory_, 120-31; _Studies_, I, 68 ff., 118; GIRAUD-TEULON, _Les origines, etc._, 329-32; KOVALEVSKY, _Tableau_, 31, 32; MAINE, _Early Hist. of Inst._, 216 ff., _passim_.