Chapter 11

(M166) In weighing the results of this essay, it would be absurd to pretend that anything of the nature of a last word can be said on the subject. The process of the early development of Greek society cannot be ascertained merely from the study of a few survivals in historic times. The comparative method must be carried much further than has been attempted here, before the secrets of antiquity can be laid bare and an authoritative statement made.

There would seem, however, to be at any rate some points, of those that have come under notice, worthy of further investigation, in so far as they indicate that Greek society was no isolated growth, but must be given a place in the general development of the systems of Europe.

(M167) It is suggested that in the continuity of city life from an earlier stage of society under some form of the Tribal System, can be found the only natural explanation of the structure of the kindred at Athens in the fourth and fifth centuries B.C. Comparison with the customs of other nations,—the Hindoos, the Welsh, and the Israelites, the last two being the most typical examples of peoples of which we have written records whilst still living under the tribal system—has shown remarkable analogies in the organisation of their inner society.

(M168) The actual similarity in the sentiment which surrounded the possession of the privileges of tribal blood and the title to citizenship at Athens, can hardly be exaggerated.

(M169) The foundation of the bond in either case has a threefold aspect. The bond is one of blood, of religion, and of maintenance.

(M170) The qualification for citizenship, as much as for the tribal privilege, was a question of parentage; and the citizen equally inherited, with his blood, responsibilities towards the community into which he was born, as to a larger kindred.

(M171) Membership of the tribe or of the city was the only qualification, that admitted to the privilege and duty of partaking in the public religious observances. 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. But the converse was equally stringent, in that the possession of shrines of Apollo Patroïos and Zeus Herkeios was impossible, unless the family was one of those who had for many generations been recognised as belonging to the true stock of the community.

(M172) Inasmuch as the worship of private or public gods consisted mainly of offerings of food, of beasts or produce of the earth, and wine, every tribesman or citizen must have had the means of providing his share in the offerings, besides supporting himself and his family. Those devoted to handicraft or merchandise were often despised by the regular tribesman or citizen, and sometimes therefore formed separate clans by themselves, like the smiths in Arabia. It is not surprising, therefore, to find that the membership of the tribe or city should have carried with it the right to the possession of some portion of the arable land and of the pasture, upon which all were regarded as being dependent. In this way the possession of land was intimately related to the status and the duties of the owner. It was the visible mark of his full tribal privilege, and was the practical means of his fulfilling his duty towards his fellows and the public religion, as well as to the needs of his ancestors and household. It seems also to have been believed that, in partaking of the hospitality or sharing in the sacrificial feast of any family, a bond was for the time being created which was in most respects practically equivalent to relationship by blood to the members of that family.(350)

(M173) Apart from the tribal character of the qualification for citizenship, the most conservative organisation wherein had been stereotyped the most precious of tribal customs, was that of the kindred.

It is suggested that the vitality of the customs surrounding the bond of family relationship was due to the importance attached to the religious and social functions incumbent on all members of a household united by kindred blood. The actions of the individual members were constrained by their weighty responsibilities towards the continuance and prosperity of the composite household, in which they moved, and apart from which their existence could not but be altogether incomplete.

The worship of ancestors occupied a prominent place in the needs of the Athenian household, and, no doubt, had a corresponding influence in the preservation of its unity. The same of course cannot be said for Wales, where Christianity had replaced, in the records at any rate, whatever religious beliefs may have existed earlier. But the grouping of the kindred according to grades of relationship was adhered to by the Welsh as an intrinsic part of their very conception of a kindred; and this would point to the conclusion that such subdivisions were due to wider needs than can be found in any particular form of religious belief or worship.

(M174) If, as has been suggested, in adhering to these customs, the Greeks were still treading in the tracks of their tribal ancestors, how is it that the most convincing evidence comes from as late as the fifth and fourth centuries B.C. and mainly from the most highly civilised of the cities of Greece?

The _Iliad_ and the _Odyssey_ may perhaps be trusted as truly portraying, so far as they go, the manners and customs of the great period of Achaian civilisation, known as Mycenean, which may be said to have culminated just before the Dorian invasion. Whence then came the public recognition of those household ceremonies of ancestor-worship, which filled such a large place in the life of the Athenian citizen, and which, it has been suggested, were consciously or unconsciously slurred over by the Homeric poets?

(M175) Mr. Walter Leaf has already found an answer to this question,(351) viz. that these ceremonies were the long cherished customs of the ancient Ionian or Pelasgian inhabitants of Greece, who had formed the substratum of society under Achaian rule, and who only came into prominence on the removal of their superiors at the time of the Dorian invasion. And this continuity, underlying the superficial rule of the Achaians, seems to be borne out by recent research and discovery.(352)

The Athenians always boasted their Ionian descent, and may well have inherited their habits with the traditions of their origin.

(M176) But the customs reviewed in the foregoing pages seem to have a wider parentage than can be attributed to the Pelasgians alone. Spartan customs at any rate cannot thus be accounted for.

(M177) In the course of argument reference has often been made to the Jewish records in the Books of the Old Testament, and indeed a remarkable parallel is presented in the history of the two peoples. Both peoples apparently reached their greatest period about the same time. The reign of Solomon with its gold and costly workmanship must have resembled that of the Mycenean kings in more than similarity of date, and outward splendour. Taking Homer again as the courtly chronicler of the Achaian age of gold, the Books of the Kings of both peoples are curiously conscious of their former tribal conditions, through which they easily trace back to the very fountain-head of their race.

(M178) In the period of the decay of the Jewish people under the stress of invasion by foreign kings, strenuous efforts were made by their prophet leaders to purge them from the alien blood and alien influences contracted in the careless days of their prosperity. Their aim was to restore once more those strict tribal habits which had served them so well at the time of their own victorious invasion, and which still lay dormant in their constitution. In similar wise, the period of Achaian prosperity seems to have been followed by a rise into prominence at any rate, if not an actual resuscitation, of old tribal customs.

(M179) 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 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. Indeed if only the Pentateuch of the Achaians could be found in the ruins of Mycenae and added to the Homeric Book of the Kings, would it not then probably be evident that there was much more of a tribal nature in the organisation of the kindreds of the Achaians and surviving throughout the whole period of their splendour than the aristocratic poets of the Homeric schools allowed themselves to record?

(M180) Although therefore nearly all our evidence of the internal structure of the kindred among the Greeks dates from the fifth century B.C., the ἀγχιστεία at Athens must not be put down as belonging merely to that period. In the light of the close analogies to be found in the structure of other tribal systems, it is probable that such subdivisions of the kindred belong to an extremely early period in the history of the Greeks, whether as Achaians or Ionians or Dorians. Are they not indeed necessary features of tribal society itself wherever it is examined?

INDEX.

Adoption, object of, 35; out of unfortunate home, 36; ceremony of, 36-7

_Agora_, 2, 3

ἀγχιστεία, 32; its meaning, 55; its limits, 58-9; all within it liable for bloodshed, 75 _et seq._; its tribal origin, 143

Ancestor-worship, 10, 140; in Homer, 5, 7; in Israel, 8, 9; in Egypt, 11; pre-Homeric, 141, _note_

ἀνεψιός see ἀγχιστεία

βασιλεύς, one of a class, 107, 114; honoured like a god, 105-6, 122; owned τέμενος, 102, 106, 122; influenced the seasons, 105, _note_; over-lordship not altogether hereditary, 107; levied maintenance on their people, 115, 122; Solomon, 116; household βασιλεύς 92

Bastard, no place in family, 95-6; allotment or gift for his maintenance, 95-6

Blood, as basis of family, 13; of tribe, &c., 4-5, 138; its purity jealously guarded, 67 _et seq._; acquisition of, 68 _et seq._

Blood-fine, not within the tribe or kindred, 42-4, 77; in Wales, the _galanas_, 78 _et seq._; paid by whole family, 79 _et seq._

Bloodshed, responsibility for, 42; rested on ἀγχιστεία, 75 _et seq._; within the kindred, 44, 77

Citizenship, admission to, 71, 96; qualification for, by three descents, 73; basis of, 138; confirmed to son of stranger, 71, _note_

ἔγκτησις, grant of, to new citizen, 97, _note_; 123, _note_

ἐπίκληρος, succession found through her, 23; she must marry next-of-kin, 23-7; in Gortyn laws, 26; where more than one, 26; inherited for her issue, 28; Ruth as, 31, 34; had right of maintenance from property, 23-4

Family (_see_ οἶκος), bound to the land, 127 _et seq._; family estate in Santa Maura, 86; head of family, 91

Funeral, _see_ Sacrifices

Gavelkind, in Kent, 95

Guest, importance at sacrifice, 99-100; hereditary guestship, 110

Hearth, 3, 4; as basis of the family, 13, 17; in Prytaneum, 4, 15; initiation of heir to, 89

Heir, duties of, 18-19, 20; importance of male heir, 21-3, 98 _et seq._; daughter’s son, 23-7; always ranks as _son_ of deceased, 34 _et seq._, 59 _et seq._; initiated to hearth, 89; introduced to kindred, 36; and to the deme, 38-9; importance of introduction of, 41, 125-8; co-heir in Wales, 51; law of succession, 57 _et seq._; disinheritance, 61; division among heirs, 64 _et seq._, 101; Ahab’s ’inheritance’ of Naboth’s vineyard, 114

Hesiod, his κλῆρος, 123; the needs of a farmer, 109

_Hestia_, 3, 4, 138; called “princess,” 13

Inheritance, see κλῆρος, and Heir

Kinship, grades of, 48 _et seq._; in India, 52; in Wales, 49, 67 _et seq._; the fourth degree, 73, 112; the seventh, 78 et _seq._; the ninth, 68 _et seq._; wife’s relations no kin to husband but are to son, 61, _note_

Kinsmen, duties of, 18, 42; next of kin marries “heiress,” 23-7, 35; his duty to redeem property in Israel, 32, 95; kinsmen accept heir, 36, 41, 125-7; sanction disinheritance, 61; liable for bloodshed, 75 _et seq._; Hesiod’s idea of, 123

κλαρῶται, 130

κλῆρος, its form, 85 _et seq._; supported the οἶκος, 88 _et seq._, 110, 121, 127; need not be divided, 47, 89, 93, 97; no joint holding between father and sons, 93; sold in case of need, 94; in theory inalienable, 94, 113, 124, 127; allotted to new citizen, 96; in Homer, 102; held by tribesmen, 108; of Hesiod, 123

κληροῦχοι, 131 _et seq._

Land, ownership of, proof of civic rights, 83, 96 (_see_ κλῆρος and τέμενος)

_Lar_ = “lord,” 12; _lares_ of king, 4

Leases, for ever, 134-6

Levirate, not in Greece, 27; in India, 29; in Israel, 30 _et seq._

Maintenance of parents (_see_ Parents); of οἶκος, 110; the bond of, 110, 139; of the chief, 114 _et seq._; 122; in Ezekiel, 119; of children at Sparta, 125; gift of food to babe, 125; derived from κλῆρος, 127

_Manes_, duties to, in India, 19

Marriage, of heiress, 23-6; of near relations, 29; of widow (_see_ Levirate)

_Octopus_, 125 _note_

οἶκος, part of γένος, 17; importance of continuity of, 9, 19-20, 30, 35, 111, 128; the unit of ownership of property, 47, 109; extent of, 54-6, 88-9; the householder in India, 99; supported by its land, 110, 113, 121; of Bouselos, 55, 62; power of head of, 91-2

Open field system, in Greece, 85; in the islands, 87; in Homer, 88, 104; its elasticity, 118-9

_Parage_, in Normandy, an undivided tenure, 50

Parents, maintenance of, 18, 48; after death, 19

_Phratria_, enrols legitimate sons, 36-7; partly responsible for bloodshed, 76

Primogeniture, not the rule in Greece, 90; nor in India, 97 _et seq._; eldest son had certain rights or dignity, 90 _et seq._, 97 _et seq._; called ἠθεῖος, 91, _note_

_Prytaneum_, 3, 4, 15, 138

Register, of phratria, 36; of deme, 38

Ruth, as widow and ἐπίκληρος, 31-4

Sacrifices, object of, 6, 139, _note_; to the dead, 8, 9-12; of funeral cake in India, 51 _et seq._; funeral rites at Athens, 20; of householder in India, 99; bond of common religion, 13, 53, 138

Stranger, abhorrence of, 5, 71, 74; as guest, 99 (_see_ Guest); admission to tribe, 67 _et seq._, 96

τέμενος, in Homer, 103, 113; allotted to princes and gods, 102, 106, 118, 122; called πατρώιος, 106; helped to support prince, 118-9

Tonsure, in Greece, 39; in India, 40

Tribe, its basis one of blood, 4-5, 138; possible development of, 14-15; admission to, 68 _et seq._, 96 (_and see_ Citizenship)

Widow, could not inherit from husband, 27-8; returned to her kin or guardian, 28; when allowed to remain, 28, _note_; the case of Tamar, 30; of Ruth, 31 _et seq._

THE END.

FOOTNOTES

M1 Vitality of the tribal system. M2 Its survivals form the subject of this inquiry. M3 The centres of political and tribal society.

_ 1 Il._ ix. 63.

_ 2 Il._ ii. 400.

_ 3 Il._ xi. 807.

_ 4 Il._ ii. 788.

M4 The Prytaneum and Hestia.

_ 5 Journal of Philology_, xiv. 145 (1885), Mr. Frazer on Prytaneum.

6 Cauer, _Delect. Inser. Graec._ § 121. (Crete, c. 200 B.C.) “I swear by Hestia in the Prytaneum (τὰν ἐμ πρυτανείῳ), by Zeus of the Agora, Zeus Tallaios, Apellon Delphinios, Athanaia Poliouchos, Apellon Poitios, and Lato, and Artemis, and Ares, and Aphordite, and Hermes, and Halios ... and all gods and goddesses.” _Cf._ also § 116, and _Od._ xiv. 158.

Plato, in _Laws_ § 848, says Hestia, Zeus and Athena shall have temples everywhere.

_ 7 Thuc._ ii. 16.

M5 Their origin.

_ 8 Journal of Philol._ xiv. 145.

_ 9 Op. cit._ p. 153.

M6 Qualification for share in religious rites one of blood.

10 Exception, however, was sometimes made in the case of the stranger as a favoured guest, _v. infra_, p. 99.

M7 Ancestor-worship not obvious in Homer.

11 Plato (_Laws_ 948) remarks that at the time of Rhadamanthos the belief in the existence of the gods was a reasonable one, seeing that at that time most men were sons of gods.

M8 Offerings of food to the gods,

_ 12 Il._ xxiii. 206. It is clear from _Il._ i. 466 _et seq._ that the sacrifice was held to be a feast at which the choice portions were devoured by the god by means of the fire on his altar. _Cf._ p. 139, note.

M9 and to the dead.

13 It was not therefore only at the mouth of Hades that the dead could benefit by such offerings.

M10 The continuance of his name quite as important as offerings of food.

_ 14 Od._ iv. 197. _Cf._ _Il._ xvi. 455. ἔνδα ἑ ταρχύσουσι κασίγνητοι τε ἔται τε τύμβῳ τε στήλῃ τε: τὸ γὰρ γέρας ἐστὶ θανόντων.

15 The speculative state of mind displayed in the _Iliad_ may be illustrated from the effect on Achilles of the apparition of Patroklos after death in a dream. As he wakes suddenly the conviction comes upon him:—“Ay me, there remaineth then even in the house of Hades a spirit and phantom of the dead, albeit the life be not anywise therein: for all night long hath the spirit of hapless Patroklos stood over me, wailing and making moan, and charged me everything that I should do, and wondrous like his living self it seemed.” _Il._ xxiii, 113 &c.

M11 Offerings to the dead in the Old Testament.

16 Ps. cvi. 28. _v._ Maine’s _Early Law and Custom_, p. 59.

M12 Resemblance between Homer and the Old Testament.

17 1 Sam. xx. 6. Θυσία τῶν ἡμερῶν ἐκεῖ ὅλῃ τῇ φυλῇ.

M13 Ancestor-worship in India and Rome.

18 Soph. _Antig._ 659.

19 Coulanges, _Cité Antique_, p. 65.

20 Soph. _Antig._ 199.

21 Soph. _Phil._ 933. Soph. _Elekt._ 411.

M14 The need of food for the dead;

22 Aesch. _Pers._ 609-618. The speaker in this case is a Persian and a woman; but many passages might be quoted from the Greek poets. _Cf._ Lucian, _De Luctu_, 9. Τρέφονται δὲ ἄρα ταῖς παρ᾽ ἡμῖν χοαῖς καὶ τοῖς καθαγιζομένοις ἐπὶ τῶν τάφων: ὡς εἴ τῳ μὴ εἴη καταλελειμμένος ὑπὲρ γῆς φίλος ἥ συγγενὴς, ἄσιτος οὗτος νεκρὸς καὶ λιμώττων ἐν αὐτοῖς πολιτεύεται.

M15 the same in Egypt,

23 Edited by C. H. S. Davis (Putnam, 1894).

_ 24 Id._ chap. liii.

_ 25 Id._ chap. lxxii.

_ 26 Id._ chap. lxxvii.

M16 and in India. M17 Ancestor-worship not necessarily post-Homeric.

_ 27 Cité Antique_, p. 93, ἑστία δέσποινα.

M18 The hearth and the tie of common blood. M19 Possible course of social development. M20 The change of tribesmen into citizens.

_ 28 Wks. & Days_, 327-332.

_ 29 Id._ 353-5.

M21 The study of the family introductory to the history of the tribe. M22 The duties of the individual to his οἶκος, M23 began with his living parents;

_ 30 Laws_ § 717, Trans. Jowett, _cf._ 729 C and 931 A.

M24 and extended to their tomb.

31 Arist, _Ath. Pol._ lv. 3. Isaeus, viii. 32. “The law commands us to maintain (τρέφειν) our parents even if they have nothing to leave us.” _Cf._ Ruth iv. 15 διαθρέψαι τὴν πολιάν σου.

_Iliad_ iv. 477 and xvii. 302.

... οὐδὲ τοκεῦσιν θρέπτα φίλοις ἀπέδωκε...

Hesiod, _Works and Days_, 118.

οὐδέ κεν οἵγε γηράντεσσι τοκεῦσιν ἀπὸ θρεπτήρια δοῖεν χειροδίκαι.

32 Plato, _Laws_, 877 C.

33 Aeschin. _c. Timarch._ § 13.

34 Isaeus, iv. 19 (_Nicostrat._).

M25 Continuity of the family; M26 in the _Ordinances of Manu_;

_ 35 Ordinances of Manu_, translated by A. C. Burnell, edited by E. W. Hopkins. London: 1884. Bk. ix. 106, 8, 182, 137, 161.

M27 and according to Plato.

_ 36 Laws_, 721 B, Trans. Jowett, _cf._ 923 A.

37 Dem. _c. Leoch._ 1090, and _Il._ xxiii. 163, xvi. 455, xxiv. 793.

38 Dem. _c. Macart._ 1077.

39 Isaeus, ii. 36 and 42.

40 Arist. _Pol._ 1, 2, 4, Ἡ κτῆσις μέρος τῆς οἰκίας ἐστί.

M28 The importance of male succession.

41 Plut. _Lycurg. and Numa_ 4. Xen. _Rep. Lac._ i. 7 to 9.

42 From Xen. _Rep. Lac._ i. 9, it would seem that such children, born into a family where there were already children of both father and mother, had no share in the family property.

43 This was the practice also in Arabia (Rob. Smith, _Kinship &c._, p. 110).

44 Herod. v. 40.

45 Herod. vii. 205. Quoted by Hearn, _Aryan Household_, p. 71.

_ 46 Iliad_ xv. 497.

47 Is. vii. 30.

48 Is. ii. 36.

49 Is. iii. 59 and 60, vi. 28.

M29 Succession through a daughter.

50 For want of a better translation implying “going with the property” this word will be rendered by “heiress.”

51 Is. viii. 31. _Cf._ συνουκεῖν in Dem. _in Neaeram_ 1386.

52 Demosth. _Steph_. ii. 1134. Son. of ἐπίκληρος inherits (κρατεῖν τῶν χρημάτων) ἐπὶ δίετες; τὸν δὲ σῖτον μετρεῖν τῇ μητρί.

53 Is. vi. 14. _Cf._ Ar. _Vesp_. 583 _et seq._

_ 54 Manu_ ix. 131 and 132.

_ 55 Ib._ 136.

_ 56 Ib._ 135.

M30 She must marry the next of kin.

_ 57 Laws_, 924.

_ 58 Cf._ Terence, _Phormio_ 125-6.

Lex est ut orbae, qui sunt genere proxumi, Eis nubant, et illos ducere cadem haec lex jubet.

and Diod. Sic. xii. 18: ὁ δὲ ἀγχιστεὺς πλούσιος ὦν ἠναγκάσθη γῆμαι γυναῖκα πενιχρὰν ἐπίκληρον ἄνευ προικός.

M31 even though already married.

59 Isaeus, iii. 64.

_ 60 Ordinances_ iii. 11.

61 Isaeus, i. 39.

M32 Similar rules in the laws of Gortyn,

62 vii. 15-ix. 24. We may compare this with _Odyssey_ vii. 60 _et seq._ where Alkinoos marries his _niece_, Arete, the only child and therefore ἐπίκληρος of his brother Rhexenor.

_ 63 c. Macart._ 1068 (_Law_)

64 (Plut. _Solon_ 21. ἐν τῷ γένει τοῦ τεθηκότος ἔδει τὰ χρήματα καταμένειν. Plato, _Laws_ 925. A heiress _must_ marry a citizen. In the Gortyn laws, if any one marry the heiress contrary to law, the next of kin shall have the property).

M33 and amongst the Israelites. M34 The levirate proper not found in Greece. M35 The widow returned to her guardian.

65 Dem. _c._ _Macart_. 1076. Widow only allowed to remain in her deceased husband’s house on plea of pregnancy and under the guardianship of the archon.

Dem. _c._ _Boeot_. 1010. Wife leaves her husband’s house and is portioned out again by her brothers.

66 Cf. _Ord. of Manu_ v. 147-8. “No act is to be done according to (her) own will by a young girl, a young woman, or even by an old woman, though in (their own) houses.

“In her childhood (a girl) should be under the will of her father; in her youth, of her husband; her husband being dead, of her sons; a woman should never enjoy her own will.”

67 Dem. _c._ _Spoud_. 1029. Father takes away daughter and gives her to another.

_Cf._ also Dem. _c._ _Eubulid_. 1311.

Isaeus, v. 10. By coming into an inheritance from his first cousin, a man also becomes guardian (ἐπίτροπος καὶ κύριος) of his three female first cousins, though all married.

68 Dem. _pro Phormio._ 953.

69 As in Isaeus, ii. 7 and 8.

70 ix. 70. &c.

M36 Marriage of near relations.

71 vii. 11 and 12.

M37 The levirate among the Israelites. M38 The case of Tamar.

72 Gen. xxxviii. 10.

M39 The case of Ruth.

73 Ruth i. 8-12.

74 For the meaning of ἀγχιστεύς see below p. 55.

M40 Dependence on the next of kin. M41 The son of the heiress must leave his father’s house,

75 xi. 49.

M42 and enter that of the deceased relative

76 Isaeus, vii. 31.

_ 77 c. Macart._ 1077.

M43 Hence the custom of adoption.

78 Dem. _c. Leochar._ 1093. ἐκ τῶν κατὰ γένος ἐγγυτάτω εἰσποιεῖν υἱὸν τῷ τετελευτηκότι ὅπως ἄν ὁ οἶκος μὴ ἐξερημωθῇ.

79 Is. x. 17.

M44 The introduction of the heir to the kindred.

80 Arist. _Pol._ 1, 2, 4 Ἡ κτῆσις μέρος τῆς οἰκίας ἐστί.

M45 The same for true as for adopted son. M46 The ceremony at Athens;

81 Is. ii. 14.

82 Is. vii. 1, 16, 13 and 27.

83 Dem. _c. Eubulid._ 1315.

84 Is. vi. 25.

85 Andoc. _de Myst._ 126.

86 Dem. _c. Macart._ 1054 and 1078.

87 Dem. _c. Leoch._ 1091. Isaeus iii. 80 and viii. 18.

M47 and at Gortyn;

88 Isaeus ix. 7 (_Astyph._) τελευτήσαντι αὐτῷ καὶ τοῖς ἐκείνου προγόνοις τά νομιζόμενα ποισει.

89 Isaeus vi. 44; ix. 2 and 33; x. 2 and 4. Dem. _c. Leoch._ passim. _Cf. Manu_, ix. 142.

90 Dem. _c. Leoch._ 1094, 1099, and (_lex Solonis_) 1100.

_ 91 Ib._ 1090.

M48 and also in India.

92 Mayne on _Hindu Law_ (1892), p. 105 and 162.

_ 93 Op. cit._ p. 141-2 and 189. _Manu_ ix. 142. He offers no cake to his original ancestors.

M49 The introduction to the deme. M50 The custom of tonsure.

_ 94 Thes._ 5.

95 ἀπάρχεσθαι: in Homer to “begin” a sacrifice by offering the _hair_ of the victim. Later, to “dedicate.”

_ 96 Il._ ii. 542 ὄπιθεν κομόωντες.

97 Herod, iii. 8. The Arabs cut their hair in a ring away from the temples.

_ 98 Il._ xxiii. 141-6.

99 Paus. i. 37, 3.

_ 100 Char._ 21.

_ 101 Deipnosoph._ xi. 88.

_ 102 Manu_ ii. 65.

_ 103 Cf._ ii. 38. This was the last year that a Brahman could receive investiture.

104 Isaeus, vi. 10.

_ 105 Anc. Grk. Inscr._ Brit. Mus. cccxv. cccxvii. and cccxviii. Oath of mother required before legitimacy registered, in the island of Kalymna.

_ 106 Cf._ Aristot. _Ath. Pol._ xlii.

107 Isaeus, iii. 75.

_ 108 Ib._ vi. 47. _Cf._ Deuteronomy xxiii. i.

M51 Liability for bloodshed rested on a group of kinsmen.

109 Robertson Smith, _Kinship, &c. in Arabia_, p. 262.

110 Dem. _in Euerg._ and _Mnesib._ 1160.

111 Dem. _Macart._ 1069. _Cf._ Deut. xxi. 1-9.

_ 112 Cf. Od._ iii. 195.

M52 No ransom for murders within the tribe;

_ 113 Il._ ix. 63. ἀφρήτωρ, ἀθέμιστος, ἀνέστιός ἐστιν ἐκεῖνος, ὅς πολέμου ἔραται ἐπιδημίου ὀκρυόεντος.

114 Il. xiii. 695. _Cf._ xv. 335.

_ 115 Il._ xvi. 572.

_ 116 Il._ ii. 662.

_ 117 Cf. Od._ xiii. 259, xiv. 380.

M53 or between citizen and citizen.

118 Quoted in Dem. _c. Aristocrat._ 629.

_ 119 Laws_ 865 d.

_ 120 Ib._ 871. Soph. O.C. 407. Oedipus could not be buried on Theban soil, because he had shed ἔμφυλον αἷμα.

_ 121 Cf_. Aeschines in _Ctesiph._ 244.

122 ix. 17-19. _Cf._ Dem. _c. Pantaen._ 983, 59.

123 Plato, _Laws_ 871 D.

124 Plato, _Laws_ 871 B. _Cf._868.

_ 125 Ib._ 872 E. _Cf._ Tacitus, _Germania_, 21. Suscipere tam inimicitias seu patris seu propinqui quam amicitias necesse est. Nec implacabiles durant: luitur enim etiam homicidium certo armentorum ac pecorum numero, _recipitque satisfactionem universa domus_, utiliter in publicum, quia periculosiores sunt inimicitiae juxta libertatem.

_ 126 Ib._ 873 E.

127 Herod. i. 44.

M54 All kinsmen were not equally responsible. M55 The unity of the οἶκος.

128 v. _infra_ p. 90 _et seq._

_ 129 c. Leoch._ 1083.

130 Dem. _c. Macart._ 1055-6.

131 Isaeus, viii. 32.

M56 Grades of kinship in Western Europe. M57 The position of the great-grandson, M58 in Wales,

_ 132 Venedotian Code_, ii. xii.

133 Lady Charlotte Guest’s _Mabinogion_, p. 234.

M59 and in feudal Normandy. M60 The custom of _parage_.

134 cxxviii-cxxxi.

M61 Co-heritage in Wales.

_ 135 Dimetian Code_, ii. xxiii.

M62 Degrees of relationship in India.

_ 136 Manu_, ix. 186.

_ 137 Manu_, iii. 5.

_ 138 Manu_ v. 60.

M63 Four generations share in the cake-offering. M64 Similar grouping of the pourers of the water libation.

_ 139 Gwentian Code_, ii. viii.

M65 The οἶκος includes four generations.

140 Dem. _c. Makart._ 1076.

M66 The ἀγχιστεία at Athens.

141 Cf. _infra_, tree on p. 62.

142 Dem. _c. Makart._ 1055-6.

143 Dem. _c. Makart._ 1077.

_ 144 Id._ 1078 _et seq._

M67 The right of succession limited to the great-grandchild of the common ancestor. M68 The law according to Isaeus.

145 Isaeus, vii. 22, and xi. i.

146 Isaeus, xi. 30.

M69 The law according to Demosthenes.

_ 147 c. Makart._ 1067.

148 In Dem. _c. Leochar._ 1088. ἀνεψιαδοῦς is used to denote the relationship of a man to the adopted son of his great-uncle, or, as we should say, first cousin once removed.

M70 No ἀγχιστεία beyond great-grandsons.

_ 149 c. Makart._ 1053.

M71 The heir always ranked as _son_.

150 Dem. _c. Makart._ and _c. Leoch._ 1100, &c.

M72 Hence the limit of the inheritance at cousin’s children. M73 Disinheritance must be sanctioned by kinsmen.

151 The wife’s kin are no kin to her husband, but _are_ to her son.

152 Plato, _Laws_, 929 c. Trans. Jowett.

M74 The case of the estate of Hagnias in Isaeus and Demosthenes.

153 Dem. _c. Makart._ 1058.

_ 154 Id._ 1070.

155 Mentioned in Dem. _c. Makart._ 1056.

M75 Equal division amongst heirs of the same grade. M76 The share of a dead son taken by his children.

_ 156 Supra_, p. 56.

M77 If sons all dead, grandsons probably divided _per capita_, M78 as in the case of nephews and cousins.

_ 157 c. Makart._ 1068, _supra_, p. 26.

M79 Purity of tribal blood jealously guarded. M80 In Wales, privileges attained in the fourth generation by intermarriages.

_ 158 Welsh Laws_, iv. i. and x. vii. Exception is made for the _son of a stranger chieftain_.

_ 159 Welsh Laws_, v. ii. and _Vened. Code_, ii. xvi. and elsewhere.

M81 Otherwise not until the tenth generation.

_ 160 Welsh Laws_, v. ii.

_ 161 Welsh Laws_, xiii. ii.

_ 162 Venedotian Code_, ii. xiv. and _Gwentian Code_, ii. xxx. _Cf._ the Shunammite’s _cry unto the King_ for restoration of her house and fields after an absence of seven years. 2 Kings viii. 3.

M82 The same rule amongst the Israelites. M83 Shorter time in special cases.

163 Gen. xlviii. 5. _Cf._ Pindar, _Ol._ viii. 46. Troy to be subdued by children of Aeacus in first and fourth generations.

M84 The privilege of citizenship jealously guarded at Athens.

164 Dem. _in Neaer._ 1376.

_ 165 Anc. Inscrip._ Brit. Mus. ccxxxviii. Citizenship had to be confirmed on son of foreigner admitted to citizenship.

M85 Abhorrence of alien blood. M86 Citizenship only conferred as the highest honour. M87 Qualification dependent on ancestry and status of family.

_ 166 Ath. Pol._ lv. 3.

_ 167 Cf._ Pollux, viii. 85: εἰ Ἀθηναῖοί εἰσιν ἑκατερωθεν ἐκ τριγονίας.

_ 168 Cf._ Aristot. _Pol._ iii. 2: ὁρίζονται δὲ πρὸς τὴν χρῆσιν πολίτην τὸν ἔξ ἀμφοτέρων πολιτῶν καὶ μὴ θατέρου μόνον, οἷον πατρὸς ἢ μητρός, οἳ δὲ καὶ τοῦτ᾽ ἐπὶ πλέον ζητοῦσιν, οἷον ἐπὶ πάππους δύο ἢ τρεῖς ἢ πλείους.

M88 Fourth generation acquired new privilege or status.

_ 169 Oed. Tyr._ 742 and 1063 quoted by Hearn, _Aryan Household_, p. 206.

θάρσει; σὺ μὲν γὰρ οὐδ᾽ ἐὰν τρίτης ἐγὼ μητρὸς φανῶ τρίδουλος, ἐκφανεῖ κακή ...

_Cf._ Demosth. 1327. πονηρὸς ἐκ τριγονίας.

_ 170 Handbuch der Griechischen Staatsalterthümer_, von G. Gilbert, ii. p. 298, quotation from Dittenberger 371, 4 ff.:—(ὁ) πριάμε(νος τ)ὴν ἱερητείαν τῆς Ἀρτέμιδος τῆς Περ(γα)ίας π(αρ)έξετα(ι ἱ)έρειαν ἀστὴν ἐξ ἀστῶν ἀμφοτέρων ἐπὶ (τ)ρεῖς γενεὰς γεγενημένην καὶ πρὸς πατρὸς καὶ πρὸς μητρός.

171 Nehemiah vii. 64.

M89 Seventh generation in the Ordinances of Manu.

_ 172 Manu_, x. 64.

M90 All within the ἀγχιστεία were liable.

173 Plato’s _Laws_, ix. 871 B.

_ 174 Cf._ 868.

175 872 E.

176 878 D.

M91 The Law of Draco.

177 Dem. _c. Makart_, 1069.

There is some uncertainty in the text of this passage, but the following is Blass’ reading adopted by Kohler:—προειπεῖν τῷ κτείναντι ἐν ἀγορᾷ ἐντὸς ἀνεψιότητος καὶ ἀνεψιοῦ συνδίωκειν δὲ καὶ ἀνεψιοὺς καὶ ἀνεψιῶν παῖδας καὶ ἀνεψιαδοῦς καὶ γαμβροὺς καὶ πενθέρους καὶ φράτορας.

I am indebted to Mr. J. W. Headlam for this information, and also for the fact of the discovery of the confirmatory inscription.

178 Dem. _c. Euerg. et Mnesib._ 1161. κελεύει ὁ νόμος τοὺς προσήκοντας ἐπεξιέναι μέχρι ἀνεψιαδῶν; καὶ ἐν τῷ ὅρκῳ διορίζεται ὅτι προσήκων ἐστι etc.... _Cf._ Pollux, viii. 118 (obviously quoting this passage).

M92 The case of murder within the ἀγχιστεία.

_ 179 Laws_, 877 c.

_ 180 Cf._ 2 Sam. xiv. 7. House extinguished for fratricide.

M93 The blood-fine or galanas in Wales.

_ 181 Dimetian Code_, ii. i.

_ 182 Gwentian Code_, ii. viii. _Cf._ Sapinda and Samānodaka: both owe rites at death of kinsman. Manu, ix. 186, and v. 60, quoted above.

_ 183 Venedotian Code_, iii. i.

M94 Defilement rested upon the group of kinsmen.

_ 184 Inscript. Jurid. Grecques_ par Dareste, &c., 1891, p. 10. Inscription found at Iulis in Keos. _Fifth century_ B.C. _Cf._ Numbers xix. 14.

_ 185 c. Makart._ 1071.

M95 The mother’s relations included in Greece and in Wales.

_ 186 Welsh Laws_, vol. i. 229. Cf. _Ord. of Manu_, ix. 201, where list of those incapable of receiving inheritance includes eunuchs.

M96 The usual holding of a citizen was called a κλῆρος or “lot.”

187 ὁ περὶ τῶν κλήρων καὶ ἐπικλήρων. _Pol. Ath._ 9.

M97 The relation of ownership of land to the structure of the family.

188 Cf. _Cic. de Legibus_ ii. 21. Nam sacra cum pecunia pontificum auctoritate, nulla lege conjuncta sunt.

189 Dem. _in Calliclem_, 13-14. Coulanges, _Problèmes d’Histoire_, p. 19.

190 Arist. _Pol. Ath._ lv. 3; Harpocration, ὅτι δὲ τούτοις μετῆν τῆς πολιτείας οἷς εἴη Ζεὺς ἑρκεῖος, δεδήλωκε καὶ Ὑπερείδης ...

191 In other words, the devisee could not possess the property devised to him until his place as heir in the succession by blood or adoption was legally established.

192 Isaeus, i. 17. The “friendship” insured that his presence and officiating at the tomb would be acceptable to the soul of the deceased—always an important consideration.

M98 Early semi-pastoral habits.

193 Thuc. i. 2. Νεμόμενοί τε τὰ αὑτῶν ἔκαστοι ὅσον ἀποζῇν, καὶ περιουσίαν χρημάτων οὐκ ἔχοντες οὐδὲ γῆν φυτεύοντες, ἄδηλον ὃν ὁπότε τις ἐπελθὼν καὶ ἀτειχίστων ἅμα ὄντων ἄλλος ἀφαιρήσεται.

_ 194 Od._ 21. 16. Cf. _Il._ xi. 682 _sq._ where the booty consists of 50 herds of kine, 50 flocks of sheep, 50 droves of swine, 50 flocks of goats, and 150 chestnut mares, many with foals at foot.

_ 195 Il._ xx. 216-8.

_ 196 Il._ xxi. 602. Cf. _Od._ iii. 495.

M99 Modern methods of land-tenure in Greece and the islands.

_ 197 Consular Reports_, p. 20.

_ 198 Ibid._

M100 Family-holdings in Santa Maura.

199 P. 199.

_ 200 Consular Reports_, pp. 23 and 30.

M101 The open field system in Greece, M102 and in the islands.

_ 201 Ibid._ p. 26.

_ 202 Ibid._ p. 40.

_ 203 Ibid._ p. 49.

M103 The open field system in Homer.

204 “The Homeric Land System,” _Journal of Hellenic Studies_, 1885.

M104 Ownership of the κλῆρος vested in the head of the οἶκος.

205 Isaeus, xi. 49 (Hagnias).

206 Harp. _s. v._ ἀφ᾽ Ἑστίας μυεῖσθαι; Ἰσαῖος ἐν τῷ πρὸς Καλυδῶνα. ὁ ἀφ᾽ Ἑστίας μυούμενος Ἀθηναῖος ἦν πάντως. κλήρῳ δὲ λαχὼν ἐμυεῖτο.

M105 Dependence of other members of the οἶκος.

207 Isaeus, vii. 15 and 27, (Apollod.)

208 1055 _et seq._ _Cf._ 1149 where one brother lives with his father after the division, whilst his brother has a house of his own: and 1086 where two brothers live apart but with undivided estate.

M106 The prerogative of the eldest brother,

_ 209 Il._ xv. 187 _sq._

_ 210 Ib._ xiii. 355.

_ 211 Cf._ the use of ἠθεῖος (“revered”) as the stock epithet of the _eldest_ brother in Homer _Il._ vi. 518, and elsewhere. Pollux, _On._ 3, 24, states that this is the right use of the word.

M107 contrasted with the power of the head of the household.

_ 212 Od._ xiii. 142.

_ 213 Il._ iv. 59 _sq._

Καὶ γὰρ ἐγὼ θεός εἰμι, γένος δὲ μοι ἔνθεν, ὅθεν σοι; καὶ με πρεσβυτάτην τέκετο Κρόνος ἀγκυλομήτης, ἀμφότερον, γενεῇ τε καὶ οὕνεκα σὴ παράκοιτις κέκλημαι; σὺ δὲ πᾶσι μετ᾽ ἀθανάτοισιν ἀνάσσεις.

_ 214 Od._ i. 397, _cf._ ix. 115.

215 xxix. Εἰς Ἑστίαν.

Ἑστιη, ἣ πάντων ἐν δώμασιν ὑψηλοῖσιν ἀθανάτων τε θεῶν χαμαὶ ἐρχομένων τ᾽ ἀνθρώπων ἕδρην ἀίδιον ἔλαχε, πρεσβηίδα τιμὴν, καλὸν ἔχουσα γέρας καὶ τίμιον; οὐ γὰρ ἄτερ σοῦ εἰλαπίναι θνητοῖσιν, ἵν᾽ οὐ πρώτῃ πυμάτῃ τε Ἑστίῃ ἀρχόμενος σπένδει μελιηδέα οἶνον.

216 Pol. I. 2, 6. πᾶσα γὰρ οἰκία βασιλεύεται ὑπὸ τοῦ πρεσβυτάτου. _Cf._ use of πρεσβεύεσθαι in _Aesch. Ag._ 1300, _Choeph._ 486 and 631.

_ 217 Gortyn Law_, iv. 24, _supra_ p. 47.

M108 No joint holding between a father and his sons.

218 In the island of Tenos, according to an inscription of the second or third century B.C., the transfer of undivided fractions of houses and property was of exceedingly common occurrence. Sales are recorded of a fourth part of a tower and cistern; half a house, lands, tower, &c. _Inscr. Jurid. Gr._: Dareste, &c. p. 63.

M109 Confirmatory evidence of the Gortyn Laws.

_ 219 Gortyn Laws_, iv. 29-31.

M110 But the land was in theory inalienable from the family.

220 Cf. _Ordinances of Manu_, ix. 213-4. “If an eldest (brother), through avarice, commit an injury against his younger (brothers), he should be made a not-eldest and _shareless_, and be put under restraint by kings.”

“None of the brothers who perform wrong acts _deserve_ (share in) _the property_, ...”

_ 221 Laws_, 877 c.

222 Lev. xxv. 25; Jerem. xxxii. 8.

M111 Close analogy in the custom of Gavelkind in Kent.

223 Another version runs: “The fader to the bonde And the son to the londe.”

Sandys, _History of Gavelkind_, 1851, pp. 5 and 150.

M112 Allotment or “gift” to a bastard son. M113 But he was not admitted to his father’s family.

_ 224 Od._ xiv. 209. _Cf._ Pindar, _Ol._ ix. 95-100. Bastard prince named after his mother’s father and given one πόλιν λαόν τε διαιτᾶν.

225 Is. vi. 23.

226 Cf. _Eur. Ion_ 1541.

... τοῦ θεοῦ δὲ λεγόμενος οὐκ ἔσχες ἄν ποτ᾽ οὔτε παγκλήρους δόμους οὔτ᾽ ὄνομα πατρός.

M114 Gifts of land to new citizens.

227 See inscriptions quoted in _Mittheilungen Athen._ vol. 9, pt. 1, p. 60. εὐεργέτῃ γενομενῳ τῆς πόλεως δοῦναι πολιτείαν, κλῆρον ἐν τῷ πεδίῳ, οἰκίην, κῆπον κυάμων διηκοσίων ἀμφορέων, ἀτέλειαν ... αὐτῷ καὶ ἐκγόνοις.

... δοῦναι ἡμικλήριον δασείης κτήνειον (?) ἐν τῷ πεδίῳ, οἰκίην, κῆπον κυάμων ἀμφορέων ἑκατὸν, &c. ... αὐτῷ καὶ ἐκγόνοις.

Cf. _Cauer Delect._ § 221. αὐτοῖ καὶ ἐκγόνοις, καὶ ἔγκτησιν γᾶς καὶ οἰκίας καὶ ἐπινομίας, &c. ... and § 232.

_Do._ § 395 (4th cent. B.C.). So many plethra each ἔχειν πατρουέαν τὸμ πάντα χρόνον.

_Do._ § 27. The importance of the grant of ἔγκτησις must lie in its being the evidence of admission to full privilege. _V. infra_, p. 139.

M115 Dependence of sons during their father’s life.

228 p. 122, note A.

_ 229 Manu_, ix. 104-106.

M116 His property divided amongst them at his death.

230 iv. 184. “An elder brother is equal to a father.”

M117 But special respect shown to the eldest son.

231 ix. 182.

232 iii. 171-2.

233 ix. 110 and 213.

234 ix. 111.

M118 The duties of the householder.

235 iii. 77 _et seq._

236 vi. 90.

237 iii. 67, 70, and 72.

M119 Honour paid to the guest.

238 iii. 108.

_ 239 Elektra_, 784.

_ 240 Elektra_, 637.

_ 241 Od._ viii. 546. ἀντὶ κασιγνήτου ξεῖνός θ᾽ ἱκέτης τε τέτυκται ἀνέρι, ὅς τ᾽ ὀλίγον περ ἐπιψαύῃ πραπίδεσσιν.

_ 242 Od._ iii. 30-80.

M120 Right of maintenance of the younger members of the family.

_ 243 Cf. Manu_, ix. 163. “The son of the body is the one and only lord of the paternal wealth: but to do the others no harm he should afford (them something) to support life.”

_ 244 Manu_, ix. 115.

245 ix. 214.

246 ix. 118.

247 ix. 47.

248 ix. 210.

249 ix. 209.

250 ix. 208. Though viii. 416 states the contrary. “A wife, _son_, and slave are said to be without property: whatever property they acquire is his to whom they (belong).”

251 ix. 207.

M121 The βασιλεύς and his τέμενος contrasted with the tribesman and his κλῆρος.

_ 252 Il._ xx. 165.

M122 The possessions of the βασιλεύς.

_ 253 Od._ xiv. 96.

_ 254 Il._ vi. 194.

_ 255 Il._ ix. 574; _cf._ xx. 184.

_ 256 Il._ xiv. 121.

257 Or “belonging to a _basileus_.”

258 Cf. _Il._ xi. 67. “As when reapers over against each other drive their swaths through the ploughland of a rich man of wheat and barley, and thick fall the handfuls”...

This contrast is drawn by Professor Ridgeway: _op. cit._ p. 19 _Journal of Hellenic Studies_, 1885.

M123 The κλῆρος of the tribesman probably in the open fields in the plain.

_ 259 Il._ xviii. 541.

_ 260 Il._ xxi. 602.

261 Ridgeway, _op. cit._

262 Plato, _Laws_, 842. E. Διὸς ὁρίου πρῶτος νόμος ὅδε εἰρήσθω; μὴ κινείτω γῆς ὅρια μηδεὶς ... νομίσας τὸ τἀκίνητα κινεῖν τοῦτο εἶναι ... καταφρονήσας δὲ, διτταῖς δίκαις ἔνοχος ἔστω, μιᾷ μὲν παρὰ θεῶν, δευτέρᾳ δὲ ὑπὸ νόμου.

_ 263 Il._ xi. 558.

_ 264 Il._ xii. 421; _v._ Ridgeway, _op. cit._

265 Isaeus, ix. 17-19.

266 πίονες ἀγροί. _Il._ xxiii. 832. _v._ Ridgeway, _op. cit._ p. 16.

M124 The βασιλεύς “honoured like a god with gift of a τέμενος.”

_ 267 Il._ xii. 313. Cf. _Il._ ix. 297. A good king also has power over the crops, etc., to bring plenty. See _Od._ xix. 110-5. Frazer, Golden Bough, i. 8 _et seq._

_ 268 Il._ vi. 191.

_ 269 Il._ xii. 313. καὶ τέμενος νεμόμεσθα μέγα (_not_ τεμένεα).

_ 270 Od._ vi. 291-3. Xenophon states that choice portions of land in the territory of many neighbouring towns were set apart for the king of Sparta. _Rep. Laced._ xv. 3.

_ 271 Od._ xi. 184.

M125 The τέμενος descended from father to son.

_ 272 Il._ xx. 391, ὅθι τοι τέμενος πατρώιόν ἐστιν.

273 τὸ τοῦ πατρὸς καὶ ἀπὸ προγόνων.

274 Vide _Il._ ii. 46 and 101-8. Agamemnon’s σκῆπτρον πατρῴιον had been handed down to him in succession from Thyestes, Atreus, Pelops, Hermes, and Zeus, for whom it had been made by Hephaistos.

_ 275 Od._ i. 386. Cf. _Od._ ii. 22. δύο δ᾽ αἰὲν ἔχον πατρώια ἔργα.

Cf. _Od._ i. 407. ποῦ δέ νύ οἱ γενεὴ καὶ πατρὶς ἄρουρα?

Cf. _Od._ xi. 185. Telemachos νέμεται τεμένεα of Odysseus.

Cf. _Od._ xx. 336. πατρώια πάντα νέμηαι.

M126 Iason’s claim upon his great-grandfather’s estate.

276 Pindar, _Pyth._ iv. 255 _et seq._

M127 Rich tribesman might hold several κλῆροι.

_ 277 Od._ xiv. 211.

278 Cf. _Il._ xii. 421. περὶ ἴσης.

M128 The κλῆρος was the holding of the head of an οἶκος.

_ 279 Od._ xiv. 62.

_ 280 Od._ xiv. 211.

281 Wks. and Dys. 405. The next line which explains that the woman is to be slave and _not_ a wife is evidently a later addition. Aristotle did not know it, and interpreted γυνη as wife.

_ 282 Pol._ i. 2, 5-7.

283 I am indebted to Professor Ridgeway for the right meaning and derivation of this word, which stands for ὁμόκηποι, having the α long and not short as stated in Liddell and Scott’s Dictionary. Another reading is ὁμόκαπνοι which would mean sharers of the smoke or hearth.

284 Pindar, _Nem._ ix. 11.

M129 and supplied the maintenance the house.

_ 285 Œcon._ i. 2. μέρη δὲ οἰκίας ἄνθρωπός τε καὶ κτῆσίς ἐστιν. Pol. i. 4, 1. ἡ κτῆσις μέρος τῆς οἰκίας ἐστί.

_ 286 Od._ iv. 318.

_ 287 Od._ xiv. 158; xvii. 155; xx 230. ἴστω νῦν Ζεὺς πρῶτα θεῶν ξενίν τε τράπεζα ἱστίν τ᾽ Ὀδυσῆος ἀμύμονος, ἥν ἀφικάνω.

M130 Force of the bond of food.

_ 288 Il._ vi. 230.

M131 The need of an established household strongly felt.

_ 289 Il._ xv. 497.

290 p. 75. Mr. Leaf mentions other countries where the father takes a new name as father of his eldest son.

_ 291 Od._ iv. 754-7

οὐ γὰρ ὀίω πάγχυ θεοῖς μακάρεσσι γονὴν Ἀρκεισιάδαο ἔχθεσθ᾽, ἀλλ᾽ ἔτι πού τις ἐπέσσεται, ὅς κεν ἔχῃσιν δώματα θ᾽ ὑψερεφέα καὶ ἀπόπροθι πίονας ἀγρούς.

“Far away” implies width of sway and extent of influence; and the protection of outlying properties would necessitate a great name and a strong hand.

M132 Diversion of inheritance by death of heir a sore evil.

_ 292 Il._ v. 151 _et seq._

_ 293 Od._ vii. 150.

_ 294 Od._ xi. 184. _Cf._ xx. 336. ὄφρα σὺ μὲν (= Telemachos) χαίρων πατρώια πάντα νέμηαι.

M133 Naboth’s vineyard bound to his family and heir.

295 1 Kings xxi 3.

296 Ezekiel xlvi. 16.

M134 The maintenance of the chiefs levied upon the people under the name of gifts.

_ 297 Od._ i. 392.

298 βασιλεύς in Homer means “prince” and is applied to a class, not a single chieftain. _Il._ xii. 319 of Sarpedon and Glaukos. _Il._ iv. 96 of Paris. _Od._ i. 394 of the Ithakans. _Od._ viii. 41 and 390 of the Phaeakians. _Cf._

_ 299 Il._ xvii. 250.

_ 300 Il._ xxiv. 262.

_ 301 Od._ ii. 74.

_ 302 Od._ xiii. 13.

_ 303 Od_. xix. 195.

M135 The right to receive such “gifts” could be transferred to another.

_ 304 Il._ ix. 291. Cf. _Il._ ix. 483. Peleus enriched Phoinix, and gave him much people (πολὺν λαόν) to be ἄναξ over.

_ 305 Od._ iv. 174.

M136 In India the chief of a town might receive the king’s supplies.

_ 306 Manu_, vii. 118.

307 vii. 123.

M137 The maintenance of the Great King,

308 Herod, i. 192.

_ 309 Ibid._

M138 and of Solomon.

310 1 Kings iv. 7-27. One of these officers was over “threescore great cities with walls and brazen bars.”

M139 Revenue from land in ancient Egypt.

311 Herod. ii. 109.

312 Genes. xlvii. 26.

M140 Grants of land to the prince easily made, in their elastic system of agriculture.

313 Pind. _Nem._ vi. 11 (Trans. Myers), _cf._ Ridgeway, _op. cit._ p. 20.

M141 Such grants were a special honour, and served to relieve other contributions.

314 Ezekiel xlv. 8, 9.

315 Ez. xlvi. 18.

_ 316 Od._ xxiv. 207.

M142 Modern specimens of the elasticity of Greek methods.

317 Mahaffy, _Rambles in Greece_, 3rd ed. p. 200.

318 Rennell Rodd’s _Customs and Lore of Modern Greece_, p. 58.

M143 The gifts to the prince not actually food-rents for the land. M144 The chief’s land apart from the tribesmen’s.

_ 319 Od._ vi. 293.

_ 320 Ib._ 259.

M145 The land sustained the householder in his duties to other members and guests. M146 The chief had the right to demand gifts from the people; M147 he had tribal right to a τέμενος, as the tribesman to a κλῆρος, M148 but could not deprive the tribesman of his land.

321 The κλῆρος is spoken of as capable of good cultivation by means of a yoke of oxen.

M149 Hesiod an immigrant: not a typical case of a family.

_ 322 Works and Days_ 637. Possession of land would presuppose admission to full civic rights. _V. supra_, p. 97.

_ 323 Il._ ix. 648; xvi. 59.

_ 324 W. and D._ 345 &c. γείτονες ἄζωστοι ἔκιον, ζώσαντο δὲ πηοί.

M150 Land was in theory inalienable from the family.

325 Arist. _Pol._ VIII. ii. 5. ἦν δὲ τό γε ἀρχαῖον ἐν πολλαῖς πόλεσι νενομοθετημένον μηδὲ πωλεῖν ἐχεῖναι τοὺς πρώτους κλήρους; ἔστι δὲ καὶ ὅν λέγουσι Ὀξύλου νόμον εἶναι τοιοῦτόν τι δυνάμενος, τὸ μὴ δανείζειν εἴς τι μέρος τῆς ὑπαρχούσης ἑκάστῳ γῆς. Cf. _Id._ iv. 4 ὥσπερ ἐν Λοκροῖς νόμος ἐστὶ μὴ πωλεῖν.... ἔτι δὲ τοὺς παλαιοὺς κλήρους διασῴζειν.

_ 326 Laws_ 741.

_ 327 Laws_ 923.

M151 In Sparta child must be accepted by its father’s tribesmen,

_ 328 Lycurg._ xvi.

329 Suidas; and Harpocration _s.v._ ἀμφιδρόμια:—Λυσίας ἐν τῷ περὶ τῆς ἀμβλώσεωσ, εἰ γνήσιος ὁ λόγος. ἡμέρα τις ἤγετο ἐπὶ τοῖς νεογνοῖς παιδίοις, ἐν ᾗ τὸ βρέφος περὶ τὴν ἑστίαν ἔφερον τρέχοντες, καὶ ὑπὸ τῶν οἰκείων καὶ φίλων πουλύποδας καὶ σηπίας ἐλάμβανον. Octopus is still a staple article of food on the shores of the Mediterranean.

M152 who decided as to its maintenance.

_ 330 Nouvelles Recherches_, 1891, p. 63.

M153 Maintenance derived from the κλῆρος. M154 The family bound to their land at Athens;

331 Arist. _Pol. Ath._ 2 and 5.

M155 and in Lokris.

332 Dareste, &c, _Recueil des Inscr. Jurid. Gr._ xi.

M156 But heirs at Athens also must first be accepted by group of kinsmen.

333 Isaeus, iii. 60 and 42; vi. 48.

334 Isaeus, iii. 73 and 80.

M157 Further application of the idea of family land. M158 Two methods of occupation of land: (1) by owner himself; (2) by subject population.

335 Cf. _Thuc._ ii. 16 for Attica. Such are the numerous small farmers who appear in the plays of Aristophanes.

_ 336 Athen._ vi. 85. Βοιωτῶν (φησὶν Ἀρχέμαχος) τῶν τὴν Ἀρναίαν κατοικισάντων οἱ μὴ ἀπάραντες εἰς τὴν Βοιωτίαν, ἀλλ᾽ ἐμφιλοχωρήσαντες παρέδωκαν ἑαυτοὺς τοῖς Θετταλοῖς δουλεύειν καθ᾽ ὁμολογίας, ἐφ᾽ ῴ οὔτε ἐξάξουσιν αὐτοὺς ἐκ τῆς χώρας οὔτε ἀποκτενοῦσιν, αὐτοὶ δὲ τὴν χώραν αὐτοῖς ἐργαζόμενοι τὰς συντάξεις ἀποδώσουσιν. _Cf._ Strabo, xii. 3, 4.

M159 At Gortyn on extinction of citizen-family the κλαρῶται inherited.

337 Gortyn. v. 25. αἱ δὲ μὴ εἶεν ἐπιβάλλοντες τᾶς ϝοικίας οἵτινες κ᾽ ἴωντι ὁ κλᾶρος, τούτονς ἔκεν τὰ κρήματα. The words τᾶς ϝοικίας should be taken with οἵτινες, &c, rather than with the preceding words. οἵτινες κ᾽ ἴωντι ὁ κλᾶρος is equivalent to οἱ κλαρῶται.

See Dareste, &c, _Inscript. Jurid. Gr._ p. 463.

M160 Similar twofold tenure in the Athenian κληρουχίαι. M161 Examples in Salamis,

_ 338 Mittheil. Inst. Ath._ ix. p. 117. The original number of κληροῦχοι in this case was apparently five hundred.

M162 in Lesbos,

339 Thuc. iii. 50.

340 κατεκληρούχησαν.

341 ἐμίσθωσαν.

342 Aelian, _V. II._ vi. I. _Cf._ Herod, v. 77 and vi. 100.

M163 Each κλῆρος therefore supported two families.

343 Smith’s _Dicty. of Antiquities_, s.v. _colonia_.

344 Bekker, _Charicles_, p. 218.

345 Ridgeway, _Origin of Currency_, &c., p. 324.

346 The ordinary Athenian dicast is supposed to have subsisted largely upon his pay of three obols or a half-drachma _per diem_.

M164 The same double ownership in leases “for ever.”

347 Dareste, &c, _Recueil Inscr. Grec._ p. 256 xiii.

348 Cauer, _Delectus_, § 263.

Συνθέκα[ι] Θέρον[ι κ]αἰχμάνορι πὰρ τᾶρ γᾶρ τᾶρ ἐν Σαλαμόναι, πλέθρον ὀπτὸ καὶ δέκα. Φάρεν κριθᾶν μανασίος δύο ταὶ ϝίκατι Ἀλφιόιο μενόρ; αἰ δὲ λίποι, λυσάστο τό διφυίο. Πεπάστο τόν πάντα χρόνον.

349 Dareste, &c, _Inscr. Jurid. Grec._ xiii. quater. (Mylasa in Karia. Second century B.C.) _summarised:_—

A. The tribe (φυλή) of the Otorkondeis at the advice of their treasurers and led by the priest of Artemis, decide to purchase from Thraseas, son of Polites son of Melas of Grab ... and adopted son of Heracleitos son of Heracleides of Ogonda, lands (γέας) in the Ombian plain with the sixty-two ranks of vines, three olive trees, and all the other trees without reserve, also lands elsewhere with the trees without reserve for 5,000 drachmae of light Rhodian silver, provided that Thraseas has the sale registered with sureties. Moreover, Thraseas coming to the ekklesia declared that he was ready to manage these things: and the sale having taken place of the said (properties) to the trustees in the name of the god. Thraseas himself then and there took on lease all the said (properties) from the treasurers of the tribe: and he shall hold them (εἰς πατρικά) for his patrimony, himself and his issue or those to whomsoever the inheritance of his goods passes, and he shall pay annually to the treasurers of the tribe 100 and ... drachmae, without fail or fraud.

B. ... all the land and trees which Thraseas has bought from Artemisia, daughter of Hekataios of Ketambissos, without exception in these places either in the matter of the share he took in the division with his brother or of what he bought from Artemisia, all for 7,000 drachmae of light silver of Rhodes, provided that Thraseas register the sale and give sureties. And coming before the ekklesia Thraseas declared that he was prepared to manage this; and the sale of the foregoing having taken place to the trustees in the name of the god, Thraseas himself then and there took on lease all the foregoing from the treasurers of the tribe: and he shall hold them (εἰς πατρικά) for his patrimony, himself and his issue or those to whom the inheritance passes, and he shall pay annually to the treasurers of the tribe 300 drachmae.

The rent forms part of the revenues of the god. If Thraseas gets more than two years in arrear, the contract is annulled.

He shall not divide the land or share the rent (οὐ παραχωρήσει δὲ Θρασέας ἑτέρῳ οὐδενὶ.... καταμερίζων τὰς γέας οὐδὲ καταδιελεῖ τὸν φόρον).

M165 Perhaps due to the prevailing idea of the family as a continuing unit. M166 No final word can yet be said. M167 Explanation of the structure of the kindred to be found in the descent of city life from earlier stage of tribal society. M168 Similarity between the bond of tribal blood and that of citizenship. M169 The threefold bond:— M170 (1) the bond of blood; M171 (2) the bond of religion; M172 (3) the bond of maintenance.

350 Robertson Smith (_The Religion of the Semites_) holds that the object of sacrifice was thus to maintain this imaginary kinship between the deity and the worshippers.

M173 Many tribal customs survived in the kindred and the household. M174 But these survivals mostly found in post-Homeric records. M175 They perhaps belonged to the pre-Achaian inhabitants of Greece.

_ 351 Companion to the Iliad_, pp. 6-7.

352 Since the foregoing chapters were in print, I have had the benefit of seeing Herr Erwin Rohde’s admirable work, entitled _Psyche_ (Freiburg and Leipsig, 1894). His view is that the worship of Heroes had the complete form of ancestor-worship: that, ancestors being buried at the hearth, or in the family tomb on private ground, death made no break in the membership of the family. And he claims that the _Seelencult_ or ancestor-worship of the later Greeks must have been continuous from pre-Homeric times.

M176 But many were probably of wider parentage. M177 Comparison with the history of the Jews. M178 Reaction in times of distress to earlier tribal habits by the Jews, and perhaps by the Achaians. M179 These tribal habits probably only dormant throughout and common to all Greeks, M180 if not practically even to all tribal systems.