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
(M76) The Gortyn Laws have already been referred to as enforcing the
principle.(156) If a man died, his heirs were either his sons, or his
grandsons, or his greatgrandsons. If he had no children, his brothers, and
their children, or their grandchildren succeeded.
The Athenian law was conceived in the same spirit, but mentions a further
point—viz., that in the division amongst sons, the οἶκος of any one of
their number who had died before the division, could be represented by his
sons or grandsons, who thus received their father’s share.
This system of representation probably existed also among the Gortynians,
though no mention of it is made in their laws, for it is inconceivable
that any of the grandsons could be deprived of all share in their
grandfather’s estate by the mere death of the intermediate generation.
But the division _per stirpes_ was not maintained throughout. It is
probable from the words of the Attic orators that equal division amongst
all of the same grade, such as nephews or cousins, took place _per
capita_, any deceased member of that grade being represented by his sons.
Representation, of course, could not take place in the case of a division
amongst cousins’ sons, owing to the strict limitation of the ἀγχιστεία to
four generations from the common ancestor; any deceased relation in that
degree therefore simply dropped out of the succession.
(M77) It has generally been assumed that grandsons inheriting directly
from their grandfather, all the intermediate generation being already
dead, inherited none the less the shares of their respective fathers _per
stirpes_. But if the foregoing account of the unity of the οἶκος and its
resemblance in its composition to the household of the Welsh tribal system
be correct, it seems more reasonable to suppose that, all the intermediate
generation being dead, the grandsons, in virtue of being all equally
related to their grandfather, would inherit in equal shares _per capita_.
Any dead grandson would of course be represented, as before, by his son or
sons.
(M78) The evidence is not sufficient to justify more than a suggestion on
either side with regard to divisions amongst lineal descendants. With
regard to successions by relations outside of the direct line of descent,
such as nephews or cousins, it is almost certain that all of the same
degree took equal shares _per capita_.
Following the law for daughters, quoted by Demosthenes(157)—viz., that
though all shared the inheritance of the property, only one need be dealt
with in view of securing the succession—the assumption can be made that,
when there were several heirs related in the same degree to the former
owner of the estate, one of their number would be set apart to continue
the household of their kinsman as his son, whilst the others merely took
their shares of the property divided to continue their own οἶκοι
respectively.
Public-domain text, read in full here on John Shaqi.
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