On The Structure of Greek Tribal Society: An EssaySeebohm, Hugh E. (Hugh Exton)
History
On The Structure of Greek Tribal Society: An Essay
Seebohm, Hugh E. (Hugh Exton)
Greece -- History; Greece -- Law -- Antiquities; Greece -- Social life and customs; Land tenure -- Greece; Tribes
(M29) Failing sons however, the next descent lay through a daughter. Nor
were her qualifications in herself complete or sufficient in theory to
form the necessary link in the chain of succession. The next of kin male
had to marry her with the property of which she was ἐπίκληρος;(50) but
neither she nor he really possessed the property, and the sons born from
the marriage succeeded thereto directly on attaining a certain age. The
next of kin had in the meantime of course to represent his wife’s father
in all the religious observances, and was said to have power to live with
the woman (κύριος συνοικῆσαι τῇ γυναικί), but not to dispose of the
property (κύριος τῶν χρημάτων);(51) the sons becoming κύριοι τῶν χρημάτων
at sixteen years old, and owing thence only maintenance (τρέφειν) to their
mother from the property.(52) The heiress was compelled to marry at a
certain age and was adjudicated by law to the proper kinsman.(53)
Again an exact parallel is to be found in the _Ordinances of Manu_:—
“One who is without a son should, by the following rule, make his
daughter provide him a son:—‘The offspring which may be hers shall
be for me the giver of offerings to the _manes_.’ ”
The whole property of a man is taken by this daughter’s son,(54) and, by
her bearing a son, _her father_ “becomes possessed of a son, who should
give the funeral cake and take the property.”(55)
If she die without a son, her husband would take (presumably by a sort of
adoption).(56) But this would be perfectly natural, if, as in Greece, her
husband was bound to be the next of kin and therefore heir failing issue
from her.
(M30) At Athens it was part of the office of the archon to see that no
οἶκος failed for want of representatives, to constrain a reluctant heiress
to marry or to compel the next of kin to perform his duty. Plato(57) asks
pardon for his imaginary legislator, if he shall be found to give the
daughter of a man in marriage having regard only to the two
conditions—nearness of kin, and the preservation of the property;
disregarding, in his zeal for these, the further considerations, which the
father himself might be expected to have had, with regard to the
suitability of the match.(58)
(M31) A certain leniency was however allowed to the heiress who was
unwilling to marry an obnoxious kinsman, and to the kinsman who had
counterclaims upon him in his own house. Nevertheless the rules remained
very strict. Isaeus states emphatically,(59) “Often have men been
compelled by law to give up their properly wedded wives, owing to their
becoming ἐπίκληροι through the death of their brother to their father’s
property and having to marry the next of kin (τοῖς ἐγγυτάτα γένους),” to
prevent the extinction of their father’s house.
Manu warns those about to marry to be careful that their children shall
not be required to continue their wives’ father’s family, to the
desolation of their own.
Public-domain text, read in full here on John Shaqi.
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