A further instance of the survival of clan and phratry courts may be found in the law of Dracon[35] which prescribed a collective decree of ‘appeasement’ in cases of involuntary homicide. The law may be freely translated thus: ‘Let there be “appeasement” if there is a father or brother or sons (of the victim): let all agree or let one objector hold the field; if there be none such, let all the kinsmen within the degree of cousin (be appeased) if all consent to be appeased; if there are none of these, and the slayer slew involuntarily, let ten phratores be appeased if all consent to be appeased.’ The procedure here prescribed applied only to involuntary homicide. Before the ‘appeasement’ a period of exile had to be completed by the slayer.[36] It is not a case of _accidental homicide_, which involved no punishment.[37] Glotz[38] argues that the phrase ἅπαντας ἢ τὸν κωλύοντα κρατεῖν implies a universal clan consent; but it is obvious that the law is satisfied by the consent of groups within the clan or (in default of these) of the consent of ten phratores, who were members of the same local religious union. The only point we wish to make here is that in this survival of the consent of the kindred for the abolition of a feud caused by involuntary homicide we have all the elements which would have constituted a homicide tribunal in days before the encroachment of State power. It can only be a survival of a wergeld system of vengeance, as in this system alone is there found a minute arrangement for payment and receipt according to the different degrees of kinship. A similar law of clan-consent governed the rights and duties of _burial_, even in the time of Demosthenes, and is appealed to as evidence for the right of succession to property. Demosthenes thus quotes[39] a law of Solon: ‘it shall not be lawful for any woman under sixty years of age to enter into the chamber of deceased or to follow the corpse when it is carried to the tomb except those within the degree of cousins’ children.’ A law of Dracon[40] decreed that after burial of a murdered man ‘proclamation shall be made to the homicide in the market place by all the relatives within the degree of cousin; and cousins and children of cousins and sons-in-law and fathers-in-law and phratores shall prosecute.’ Here we have a clear picture of the solidarity of the clan. The presence of the φράτορες, too, is significant. They were strictly outside the clan, as each phratry included members of neighbouring clans who were bound together by a common extra-clan worship. In this co-operation of the φράτορες we plainly see a natural basis for discussion and negotiation in blood feuds between different clans; this co-operation extended also, in certain cases, to the tribe and, after a coalition of tribes, to the ‘ancient city.’[41] Thus Glotz[42] rightly says: ‘La famille fictive suit les principes de la famille naturelle.... On dirait que le groupe a conservé, en souvenir