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
(M58) In the ancient laws of Wales it rests with great-grandsons to make
the final division of their inheritance and start new households.
Second cousins may demand redivision of the heritage descending (and
perhaps already divided up in each generation between) from their
great-grandfather. After second cousins no redivision or co-equation can
be claimed.(132)
In the meanwhile the oldest living parents maintained their influence in
family matters. In the story of Kilhwch and Olwen, in the _Mabinogion_,
the father of Olwen, before betrothing her to Kilhwch, declares that “her
four great-grandmothers and her four great-grandsires are yet alive; it is
needful that I take counsel of them.”(133)
(M59) Even when feudalism refused to acknowledge other than an individual
responsibility for a fief, it was unable to overcome the tribal theory of
the indivisibility of the family, which maintained its unity in some
places even under a feudal exterior. But as generations proceeded, and the
relationships within the family diverged beyond the degree of second
cousin, a natural breaking up seems to have taken place, though in the
direction of subinfeudation under the feudal enforcement of the rule of
primogeniture, instead of the practice, more in accordance with tribal
instincts, of equal division and enfranchisement. It may however be
surmised that the subdivision and subinfeudation of a holding in the
occupation of such a group of kinsmen would be carried out by the
formation of further similar groups.
(M60) In the _Coustumes du Pais de Normandie_ mention is made of such a
method of land-holding, called _parage_. It consists of an undivided
tenure of brothers and relations _within the degree of second cousins_.
The eldest does homage to the capital lord for all the _paragers_. The
younger and their descendants hold of the eldest without homage, until the
relationship comes to the _sixth degree inclusive_ (_i.e._ second
cousins). When the lineage is beyond the sixth degree, the heirs of the
cadets have to do homage to the heirs of the eldest or to whomsoever has
acquired the fief. Then _parage_ ceases.(134)
The tenure then becomes one of subinfeudation. As long as the _parage_
continued, the share of a deceased _parager_ would be dealt with by
redivision of rights, and no question would arise of finding heirs. But
when it became a question of finding an heir to the group, failing heirs
in the seventh degree inclusive, that is, son of second cousins—looked
upon as son to the group—failing such an heir, the estate escheated to the
lord.
(M61) There is an interesting passage in the Ancient Laws of Wales
ordaining that the next-of-kin shall not inherit as heir to his deceased
kinsman, but as heir to the ancestor, who, apart from himself, would be
without direct heir, _i.e._ presumably their common ancestor.
Public-domain text, read in full here on John Shaqi.
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