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
The use of ἀνεψιαδοῖ in addition to ἀνεψιῶν παῖδες in Draco’s law above is
emphatic as implying that as regards pollution the group of relations to
second cousins were treated _en masse_ as under the stain; they had not
yet, so to speak, reached the point where they could divide up their
responsibility.
(M92) If the murder was committed within the narrow limits of the
ἀγχιστεία itself, the double pollution of the bloodspilling and the blood
spilled rested upon the whole group with overwhelming force.
Plato(179) treats of such a calamity and prescribes the remedy. If a man
slay his wife, or she her husband, his children are orphans; their debt of
maintenance to their parent is cancelled; he must flee; they possess his
goods. If he is childless, his relations shall meet _to the children of
his cousins_ on the male and female side (_i.e._ all his possible heirs)
and shall elect not one of themselves, but a younger son of some other and
pious family to bring in new blood with better fortune to counteract the
curse, as heir to the house (κληρονόμος εἰς τὸν οἶκον), introducing him to
the father of the banished (or deceased) man and to those further back in
the family (τοῖς ἄνω τοῦ γένους), calling him their _son_, the continuer
of their family (γεννήτωρ), their hearth-keeper (ἑστιοῦχος), and minister
of their sacred rites.... But the guilty man they shall “let lie,”
nameless, childless, portionless for ever.(180)
(M93) In the ancient Laws of Wales the blood-fine takes a very important
position. But whereas all the relations of the murderer are liable to be
called upon to pay the “Spearpenny,” as it is called, only the inner
kindred within fixed degrees contribute proportionally to the payment of
the price. The group upon which this responsibility falls is twice as
large in the Welsh Laws as at Athens, and includes _fifth_ cousins, or the
greatgrandchildren of greatgrandchildren of a common ancestor.
The Dimetian Code describes the relations who pay galanas as follows.(181)
Those beyond only pay “spearpenny.”
Father and mother.
Grandfather.
Greatgrandfather.
Brother and sister.
First cousins.
Second cousins.
Third cousins.
Fourth cousins.
Fifth cousins.
According to the Gwentian Code, _fifth_ cousins share. “There is no proper
share, no proper name in kin further than that.”(182)
The Venedotian Code states that galanas is paid by the kindred: two parts
by the relations of the father, one part by the relations of the mother,
to _sixth cousins_. All kindred after sixth cousins pay spearpenny.(183)
The sixth cousin is also called “kinsman son of a fifth cousin, and then
_the father (i.e. the fifth cousin) pays it_, because his relationship can
be fixed, _but the relationship of his son to the murderer cannot_.”
Public-domain text, read in full here on John Shaqi.
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