Plutarch's Romane Questions: With dissertations on Italian cults, myths, taboos, man-worship, aryan marriage, sympathetic magic and the eating of beansPlutarch
Religion
Plutarch's Romane Questions: With dissertations on Italian cults, myths, taboos, man-worship, aryan marriage, sympathetic magic and the eating of beans
Plutarch
Rome -- Religion -- Early works to 1800; Rome -- Social life and customs -- Early works to 1800
Now, the relatives whom the earliest Aryan codes, the laws of the Twelve
Tables, the laws of Solon, of Menu, the Gortyn Code, &c., specify as a
man's heirs-at-law are in every case precisely those relatives who
belonged, or might at some time have belonged, to the same joint undivided
family as the deceased. It is worth while to note that at different times a
man might belong to four different joint undivided families: he might be
born into a family which still united in worshipping the spirit of his
great-grandfather: and thus his cousins, his first cousins once removed,
and his second cousins once removed, would dwell in the same household with
him. His grandfather might then die and become a house-spirit: in that
event, his grand-uncle (and descendants) would have to set up a family of
his own, for they only can belong to a joint undivided family who are
descended from a common house-father. Now, my grand-uncle, being the
brother of my grandfather, is not descended from my grandfather, therefore
cannot worship his spirit, therefore cannot belong to the joint undivided
family which worships my grandfather's spirit. On the other hand, the
family, of which my (deceased) grandfather is the house-spirit, includes my
grandfather's descendants to the third generation, _i.e._, includes not
only my cousins, but also their sons. This (cousins' sons) is the limit of
the second joint undivided family to which it is possible for a man to
belong. Thirdly, when my father becomes a house-spirit, and is worshipped
by his children's children, I dwell in the same household as my nephews and
grand-nephews. Finally, when I am gathered to my fathers, I dwell, in the
spirit, with my sons, grandsons, and great-grandsons.
Here we obviously have the key to the order of succession prescribed by the
earliest Aryan codes: my own descendants (if any) are called first, because
they constitute the joint undivided family, with which, at the time of
dying, I am presumably dwelling. My father's descendants come next, because
that was the family I had previously belonged to; and on the same principle
my grandfather's descendants, and then those of my great-grandfather were
called.
So long as the joint undivided family was a living institution, so long
there was no need (as there was no thought) of specifying who a man's heirs
were, and so long a man could be in no doubt as to who his Near Kin
were—they were those who had been brought up in the same family as himself.
It was only when this unwieldy form of family came to be disintegrated by
the advance of civilisation that it became necessary to specify the order
of succession, and to determine who were a man's Near Kin; and, as we have
seen, the earliest laws on this subject are but the old customs reduced to
writing.
Public-domain text, read in full here on John Shaqi.
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