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
(M70) It appears from the evidence reviewed hitherto, that any
great-grandson could inherit from any grandson of a common ancestor, and
the conclusion 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.
That the grandson of a first cousin was outside the ἀγχιστεία is clear
from the speech of Demosthenes already mentioned,(149) 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.
That the son of a second cousin was also without the pale is directly
stated in several passages in Isaeus.
(M71) It must be remembered that by “inheritance” is meant the assumption
of all the duties incumbent on the ἀγχιστεύς, and that the man who
“inherited” took 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.(150)
(M72) 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 “inherited” from him and ranked in the scale of relationship as
HIS SON, 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 _retain their relationship as
great-grandsons_ 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 _within the group_ by
reverting to the mother’s kindred with the same limitation before allowing
the inheritance to pass outside or lower down.
Public-domain text, read in full here on John Shaqi.
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