Hugh E. Seebohm

“ The son of the heiress must leave his father's house, But if the heiress was already married and had sons, she need not be divorced and marry the next of kin, though that still lay in her power. It was considered sufficient if she set apart one of her sons to be heir to her father's house. But she must do this absolutely: her son must entirely leave her husband's house and be enfranchised into the house of her father. ”

“ Hence the custom of adoption. Herein lay the reason that adoption became so favourite a means in classical times of securing an heir. It became almost a habit among the Athenians who had no sons, to adopt an heir—often even the next of kin who would naturally have succeeded to the inheritance.78
The transfer of the adopted son from the οἶκος of his father to the οἶκος he was chosen to represent was so real that he lost all claim to inheritance in his original family, and henceforth based his relationship and rights of kinship from his new position as son of his adoptive father. ”

“ Or is it due to the true evolution of such beliefs, that as long as our search touches upon the unsettled periods of semi-migratory life, the tombs of individual members of a family being scattered here or there wherever they meet their deaths, the offering to the dead takes a special form, inasmuch as the solidarity of the tribe eclipses the importance of the family as a unit, and the religious ceremonies of the chieftain absorb the attention of the lesser members of the tribe? ”

“ 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. ”

“ Where the head of the family alone was responsible for the rites to the dead at the family altars, the position of a son would always be incomplete if he tried to establish during his father's lifetime a hearth and household of his own. ”

“ This, it seems, is the meaning of the language of the law which limits the ἀγχιστεία to the children of first cousins who could inherit from their parent's first cousins, and still retain their relationship as great-grandsons of the same ancestor. Whereas any one taking the place of son to his second cousin would be one degree lower down in descent, and pass outside the limit of the four generations. ”

“ Of no people, in their true tribal condition before their settlement, have we a more graphic account than of the Israelites. Their proximity geographically to the Phœnicians, and the accounts of the widespread fame of Solomon and the range of his commerce, at once suggest comparison with the parallel and contemporaneous period of Achaian history, immediately preceding the Dorian invasion, when, if we may trust the accounts of Homer, the intercourse between the shores of the Mediterranean must have been considerable. ”

“ If, as long as the tribe was felt to be a real unit, the religious instincts of the tribesmen were concentrated upon the worship of their tribal deities—the great ancestors of the tribe, and more emphatically and directly the ancestors of their chieftain—it would be quite natural, in the weakening of the central worship, for the titles of honour and respect to be used equally towards those meaner ancestors who henceforth occupied the religious energies of the head of each family or household. ”

“ But though the τέμενος and the kingship were both equally πατρώια, they did not together constitute an indivisible inheritance. Any one of the blood could enjoy possession of the land, whilst the over-lordship must necessarily descend in the eldest or the most able line.
In his answer to the malignant wish quoted above, Telemachos does not speak as if he contemplated giving up any tangible property. The bestowal of the kingship, though due to him by inheritance (πατρώιον) is in the hands of the gods; he means to be master (ἄναξ) of whatsoever Odysseus his father won for him. ”

“ Any citizen could bring an action against the newly-admitted stranger to test his real merits, and even after formal acceptance by the people of Athens, if he failed to justify his claims at such a trial, his new honours were stripped from him and he remained an alien. This being so, it cannot be expected in the comparison that he should rank with the ordinary resident in Cymru in the Welsh Laws, but rather as the chieftain whom the people wished to honour by admission to their tribe. ”

“ If the fighting members of the family were killed, the great-grandsons (who would be second cousins or nearer to each other) would have to inherit directly from their great-grandfather: and thus, especially in cases where the property was held undivided after the father's death, we can easily see that second cousins (i.e. all who traced back to the common great-grandfather) might be looked upon as forming a natural limit to the immediate descendants in any one οἶκος, and as the furthest removed who could claim shares of the ancestral inheritance. ”

“ There is no joint holding here between father and son. The father is in undisputed possession, and nothing the son can do by private contract can affect his father's occupation. But if the son had a right of maintenance from his father during the lifetime of both, his expectation of succession to an equal share with his brothers would give him, so to speak, a value [pg 094] in the public eye. In the event of his incurring a blood-fine, his father would presumably be obliged to pay it out of the patrimony ”

“ Though alike in their estimation of the possession of land as a means of livelihood and for the accumulation of wealth, the Greeks had very different views with respect to the place of agriculture as a worthy occupation for a citizen. Sparta regarded it as entirely beneath the dignity of her sons and forbade their personal application to the cultivation of their κλῆροι. ”

“ The title to inherit by kin and descent in the tribal land and rights of his ancestors does not become extinct till the ninth man. The ninth man in descent from a banished tribesman coming home and finding his title as representative of his family seemingly [pg 069] extinguished, is to raise an outcry that from a proprietor he is becoming a nonproprietor, and the law will shelter him and adjudge him an equal share with the occupants he finds on the land. This is called the “outcry across the abyss.” The tenth man's outcry cannot be heard. ”

“ Although therefore for all ordinary purposes a son had no claim on the paternal estate beyond his maintenance, his right of succession might easily grow up in the eye of the law as an available asset capable of forfeiture with the theoretical assumption that the scapegrace was unfit to hold his position in the family.220 His future portion, thus becoming deprived of a representative, might be wholly or in part confiscated to the State. ”

“ Likewise: “If among brothers born of one father, one should have a son, Manu said all those brothers would be possessed of sons by means of that son.”231 But this seems to apply only to the son born to the eldest, for if a younger brother married before the eldest and performed the daily sacrifices, he sent himself, his brother, and his wife “to Hell.”232
The eldest, if he performs his duty, “causes the family to flourish” and “is most honoured among men.” He alone is “duty-born,” through him his father “pays his debt”; other sons are only “born of desire.” ”

“ The Greeks were not one great people like the Israelites, migrating into and settling in a new country, flowing with milk and honey. Their movements were erratic and various, and took place at very different times. Several partial migrations are described in Homer, and others are referred to as having taken place only a few generations back. The continuation of unsettled life must have had the effect of giving cohesion to the individual sections into which the Greeks were divided, in proportion as the process of settlement was protracted and difficult. ”

“ The inclusion of the mother's relatives and their liability in these circumstances, in addition to the paternal relations, follow naturally enough in Wales as in Greece when once the transmission of inheritance through a woman, in default of male heirs, had become a recognised possibility. A woman's sons might always be called upon under certain circumstances to take inheritance from her father or next of kin. ”

“ Tribesmen and citizens, by virtue of their privilege, shared in the worship of the greater gods, of Hestia in the Prytaneum, of Zeus Agoraios, and of the Heroes or special guardians of their community; in like manner as the member of the smaller group of a kindred, by virtue of his blood, shared in the worship of the Apollo Patroïos, the Zeus Herkeios or Ktesios, and the heroes or ancestors of his family. Inasmuch as citizenship depended upon purity of descent, the possession of the latter qualification carried with it the right to share in the greater ceremonies. ”

“ For surely his livelihood (i.e. Odysseus') was great past telling, no lord in the dark mainland had so much, nor any in Ithaka itself; nay, not twenty men together have wealth so great, and I will tell thee the sum thereof. Twelve herds of kine upon the mainland, as many flocks of sheep, as many droves of swine, as many ranging herds of goats, that his own shepherds and strangers pasture. ”

“ The change of tribesmen into citizens. So, too, in the matter of religious observance: the reverence of the individual for the Prytaneum and common hearth of the state would undergo a change into a less personal sentiment; the rites connected therewith would be delegated to an official priest; and it is with the head of each family, surrounded by those who are really conscious of their connection by blood in common descent from much more immediate ancestors, that the true tribal feeling would longest survive, though, of course, on much narrower lines. ”

“ Besides the bare single allotment of the τέμενος, land was set apart for him as a gift of honour by the people, from whom honour and gifts to their prince were due. Gifts in land formed a special mark of honour, and may at the same time have served another purpose from the giver's point of view by way of a permanent source of income or endowment, as it were, whereby the continuous exactions towards the maintenance of the prince from the lands of the people might tend to be alleviated. ”

“ Do not these instances show that even leases were included in the same category with actual ownership of land, being embraced within the characteristic idea that the land that contributed to the maintenance of the family and had come to be regarded almost as giving that family its social if not its political status, should descend unintermittently from generation to generation in that family, though its occupation was subject to providing support likewise to a superior owner and his family, whose descendants in their turn also would demand their share in the produce? ”

“ To put it differently, in case of the death of one of these second cousins, after the final division of their inheritance had taken place, the rest of the second cousins would have no right to a share in his portion; an heir would have to be found within his nearer relations. Thus, they share responsibilities towards any of their relations within the group and higher up in their families, and also stand shoulder to shoulder in sharing such burdens as pollution and so on, but are outside the immediate ἀγχιστεία with respect to each other's succession. ”

“ These tribal habits probably only dormant throughout and common to all Greeks, The actual traces of tribal institutions in Homer need not be underrated. There is much that is of a tribal character in the Homeric chieftain in his relations [pg 143] to his tribesmen and to their gods. Survivals of tribal custom may also be seen in the reverence for the guest, and the sacredness of the bond of hospitality lasting as it did for generations; and in the blood-feud with its deadly consequences, especially when occurring within the tribe or kindred. ”

“ The case of Ruth. The statement of the customary procedure in Deuteronomy is very picturesquely illustrated and fulfilled in detail in the story of Ruth, who though only a daughter-in-law takes the position of heiress through a sort of adoption by her mother-in-law Naomi, on her refusal to go back to her own people. “Where thou goest, I will go: where thou lodgest, I will lodge: thy people shall be my people, and thy God, my God. Where thou diest will I die, and there will I be buried.” She accepts Naomi's hearth her kin, her religion, and finally her tomb. ”

“ Though actual food and drink is not provided for the dead, yet the stress laid on the permanence of the family, lest the name of the dead be cut off from his place, is quite in keeping with the request of Elpenor to Odysseus to insure the continuance of his name in the memory of living men. ”

“ The custom of parage. In the Coustumes du Pais de Normandie mention is made of such a method of land-holding, called parage. It consists of an undivided tenure of brothers and relations within the degree of second cousins.
The eldest does homage to the capital lord for all the paragers. The younger and their descendants hold of the eldest without homage, until the relationship comes to the sixth degree inclusive (i.e. second cousins) . When the lineage is beyond the sixth degree, the heirs of the cadets have to do homage to the heirs of the eldest or to whomsoever has acquired the fief. ”

“ Confirmatory evidence of the Gortyn Laws. The Gortyn Laws throw some light on the subject.
As long as the father is alive, no man shall buy or receive in pledge from the son any of the father's property. But what the son himself has earned, or inherited, he may sell if he like.
So too the father may not dispose of the goods of the children which they have earned or inherited.
Yet may a son's prospective share in his paternal inheritance be sold to pay any legal fine he has incurred.219
But the land was in theory inalienable from the family. ”

“ Liability for bloodshed rested on a group of kinsmen. A notable feature of the tribal system all over the world was the blood-feud, wiped out only by the death of the manslayer or by the payment of a sufficient recompense. ”