Footnotes

[1.]Il. ix. 63.[2.]Il. ii. 400.[3.]Il. xi. 807.[4.]Il. ii. 788.[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.

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.

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.

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.

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.”

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.

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.

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, ...”

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.

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.

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.

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.

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.

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.

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).