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
(M66) In the fourth century B.C. this compact group limited to second
cousins still survived at Athens, responsible to each other for
succession, by inheritance or by marriage of a daughter; for vengeance and
purification after injury received by any member, and for all duties
shared by kindred blood.
This close relation was called ἀγχιστεία, and all its members were called
ἀγχιστεῖς _i.e._ any one upon whom the claim upon the next-of-kin might at
any time fall.
The speech of Demosthenes against Makartatos affords considerable
information as to the constitution of the family-group or οἶκος. The five
sons of Bouselos,(141) we are told, on his death divided his substance
amongst them, and each started a new οἶκος and begat children and
children’s children.(142) The action, which was the occasion of the
speech, lay between the great-grandsons of two of these five founders of
οἶκοι, Stratios and Hagnias, and had reference to the disposal of the
estate of the grandson of the latter, which had come into the hands of the
great-grandson of Stratios.
One might have supposed that the descendants of Bouselos, with their
common burial ground(143) and so forth, would have ranked as all in the
same οἶκος under their title of Bouselidai. But it is clear from this
speech of Demosthenes, that too many generations had already passed to
admit of Bouselos being considered as still head of an unbroken οἶκος, and
that his _great_-great-grandsons were subdivided into separate οἶκοι under
the names of their respective great-grandfathers, Stratios, Hagnias, &c.
(οἵ εἰσιν ἐκ τοῦ Στρατίου οἴκου, ἐκ δὲ τοῦ Ἁγνίου οὐδεπώποτ᾽
ἐγένοντο).(144)
§ 2. Limitations In Respect Of Succession Outside The Direct Line Of
Descent.
(M67) The Gortyn law quoted above in the previous section goes on:—
v. “If (a man or woman die and) they have no children, the
deceased’s brothers and brother’s children or _grandchildren_
shall have the property. If there are none of these, the
deceased’s sisters, their children or _grandchildren_. If there
are none of these, to whom it descends of whatever grade they be,
they shall inherit the property.”
This clause takes the evidence one step further, and it is noticeable how
the right of inheritance is determined by the great-grandchild of the
common ancestor. In the direct line, a man’s descendants down to his
great-grandchildren inherited his estate. In dealing with inheritance
through a brother of the deceased the heirship terminates with the
_grandchild_ of the brother, who would be great-grandchild of the nearest
common ancestor with the previous owner of the estate. If there is no
brother, the child of the cousin limits the next branch, as will be seen.
(M68) Isaeus(145) describes the working of the then-existing (c. 350 B.C.)
law of inheritance at Athens as follows:—
The law gives “brothers’ property” (i.e. property without lineal
succession) to
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