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
Theopompos, in the speech of Isaeus, had taken possession of the estate of
his second cousin Hagnias, as his next of kin and heir. Throughout the
speech he is styled ἀνεψιοῦ παῖς so as to bring him within the phraseology
of the law, and he successfully defends himself from the claims of the
next generation below—viz., his brother’s son. But in the speech of
Demosthenes against his son Makartatos, who had taken possession at his
father’s death of the disputed property, it is represented that his father
had got possession only by defeating another claimant, Phylomache II., by
“surprise,” as it was called, by stating that her grandmother through whom
she traced her claim was only half-sister to Hagnias’ father. But
Phylomache’s husband, having caused their son Euboulides III. to be
adopted as the son of Euboulides II.—his wife’s father and Hagnias’ first
cousin, a quite regular course for the grandson inheriting through his
heiress mother—proved that his wife’s grandmother was whole sister to
Hagnias father, and brought the action under the guidance of Demosthenes
against Makartatos. This Euboulides III. sued as true ἀνεψιοῦ παῖς and
οἰκεῖος ἐκ τοῦ οἴκου of Hagnias.(153) He is described as having “one of
the titles mentioned in the law _as far as which_ the law bids the
ἀγχιστεία go, for he is _cousin’s son_ to Hagnias.”
On the other hand, Theopompos, father of Makartatos and second cousin of
Hagnias, is mentioned(154) as “being of a different οἶκος altogether,” and
not at all related in such a way as to be heir of Hagnias (μηδὲν
προσηκόντων ὤστε κληρονομεῖν τῶν Ἁγνίου, ἀλλὰ γένει _ἀπωτέρω_ ὄντων),
being too far off in the family (or by birth).
That the title of Theopompos (viz., second cousinship) was not valid, may
be inferred partly by the ruses he adopted to get possession, but more
especially by the fact(155) that none of the other second cousins on a par
with him, and with whom he ought to have shared, seem to have believed in
the validity of their titles, or at any rate taken the trouble to sue for
part of the estate.
However this may be, there does not seem anything in these speeches other
than confirmatory of the view stated above of the composition and
limitation of the ἀγχιστεία.
§ 3. Division Amongst Heirs.
(M75) Succession to the inheritance of an estate was ordained by law in
strict accordance with the ancient conception of the unity of the family.
On the death of the head of a family, unless the paternal οἶκος was
voluntarily continued unbroken by his descendants, the natural course was
for each son ultimately to live apart and found a separate οἶκος
consisting of himself and his offspring. Equal division amongst heirs was
therefore the rule in Greece; equal division, that is to say, between all
of equal grade.
Public-domain text, read in full here on John Shaqi.
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