Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

596 HERES. HERES,
It was only when a man had no issue that he At the first regular assembly (Kwvu)a eicichXrT'a),
was at full liberty to appoint an heir. His house held after he had received notice, the archon caused
and heritage were then considered desolate (Epmrco Sproclamation to be made, that such a person had
Kal a&hvcvvos), a great misfortune in the eyes of died without issue, and that such and such persons
an Athenian; for every head of a family was claimed to be his heirs. The herald then asked
anxious to transmit his name and religious usages eY T7I &/qtcp61YITeL' 4) 7rapaKaCTaeaXAEle1Y o0AE-al
to posterity. The same feeling prevailed among'oV KXApov; these words are variously interpreted.
the Greeks in more ancient times. We learn from Perhaps the best explanation is this: -'AupLraHesychius and the Etymol. Mag. that distant re- grre'v, is a term of general import, applied to all
lations were called X7pcowrat, because, when they who dispute the title of another, and would ininherited, the house was X-rpEvwv ial lEprgtos. (See clude those who claimed a moiety or other share
Hom. Il. v. 158; Hes. Tleog. 607.) To obviate of the estate. Ieapatcar'aCdAXeLv signifies to make
this misfortune, an Athenian had two courses open a deposit by way of security for costs, which was
to him. Either he might bequeath his property required of those who maintained their exclusive
by will, or he might adopt a son in his lifetime. title to the whole inheritance. Perhaps, however,
[ADOPTIO, GREEK.] the payment in this case was optional, and might
Wills were in writing, and usually had one or be intended for the mere purpose of compelling the
more attesting witnesses, whose names were super- other parties to do the same. The deposit thus
scribed, but who did not know the contents. They paid was a tenth part of the value of the property
were often deposited with friends, or other trust- in dispute, and was returned to the party if sucworthypersons, such as a magistrate. It was con- cessful. (Pollux, viii. 32, 95; Isaeus de Nicost.
sidered a badge of fraud if they were made secretly her. ~ 13, de Hcagn. her. ~ 20; Dem. c. Macart.
or in the presence of strangers. (Isaeus, de Philoct. p. 1051, c. Leoch. pp. 1090-1093.)
76es. ~ 8, de Astgph. her. ~~ 8-17; Dem. c. Steph. If no other claimant appeared the archon adp. 1137.) A will was ambulatory until the death judged the estate to the first suitor (E7re~aKab eY,
of the maker, and might be revoked wholly or par- avrp rbv hX.poV). If, however, there were ad.
tially, by. a new one. It seems also that there verse claims, he proceeded to prepare the cause for
might be a parol revocation. (Isaeus, de Philoct. trial (dtaetcaiera). First came the adcicptrrr, in
leer. ~ 40, de Cleon. her. ~ 32.) The client of Isaeus, the usual way, except that no party was considered
in the last-cited cause, contends, that the testator as plaintiff or defendant; and the bills in which
sent for the depositary of his will, with an inten- they set forth their respective titles, were called
tion to cancel it, but died before he got it into his ah-r'ypapai. (Harpocr. s. v.; Dem. c. Olymep. pp.
possession; this (he says) was a virtual revocation. 1173, 1175.) The dicasts were then to be sumHe calls witnesses to prove the testator's affection moned, and, whatever the number of parties, one
for himself and dislike of his opponents, and thence court was held for the decision of all their claims.
infers that the will was unnatural, and a proof of If any one neglected to attend on the appointed
insanity. Similar arguments were often used. day, and had no good excuse to offer, his claim was
(Isaeus, de Nicost. her. ~ 23, de Astyph. her. ~ 21.) struck out of the record (eypcd(p-?7 iajErP1m6fTobTs),
With respect to the proceeding by which a and the contest was carried on between the remainfather publicly renounced his paternal authority ing parties, or, if but one, the estate was awarded
over his son, see APOKERUXIS. Plato (Leg. xi. to him. (Dem. c. Olymip. p. 1174.) The trial was
9. p. 928) refers to it, aid recomlmends that a thus managed. The dicasts had to give their
father should not take such a step alone, but in verdict either for one person proving a title to the
conjunction with the other members of the faumily. whole, or for several persons coming in under the
At Athens the paternal authority ceased altogether same title, as (for instance) two brothers entitled
after the son had completed his nineteenth year; each to a moiety. One ballotting box therefore
he was then considered to belong less to his father was provided for every party who appeared in a
than to the state, (Valckenaer, ad Ammnoniu7sm, distinct interest. The speeches were measured by
s.v.'AvroxpvIcros: Meier, de Bonis Damne. p. the clepsydra. Each party had an &Aeopehs of
26.) water for his first speech, and half that, or three
IV. Of thle Remnedies of the tHeir'br Recovering Xoes for the second. (Isaeus, de Hayn. her. ~ 30,
his Rights. - A son or other male descendant might &c.; Dem. c. Macast. p. 1052.) That these arenter and take possession of the estate immediately rangements gave rise to fraud and collusion, is
after the owner's death. (Isaeus, de Pyrr. her. clearly shown in the cases above cited.
~ 72, de Ci'. her. ~ 47.) If he was prevented from The verdict, if fairly obtained, was final against
so doing, he luight bring an action of ejectment the parties to the cause. But any other person,
against the intruder. [EsnBATEIA.] Any one who who by absence or unavoidable accident was prodisturbed a minor in the enjoyment of his patrimony vented from being a party, might afterwards bring
was liable to a criminal prosecution (caKmcoevs r an action against the successful candidate, to reeiaey'yeAia, Isaeus, de Pyrr. her. ~ 76). As to cover the estate. He weas then obliged to pay his
the proceedings in case of heiress, see EPICLERaS. deposit (rapaica'aroox), summon the defendant,
Other heirs at law and claimants by adoption or and proceed in other respects as in an ordinary
devise were not at liberty to enter, until the estate suit. This he might do at any time during the
was formally adjudged to them. The proper course life of the person in possession, and within five
was, to make application to the archon, who attended years after his death. (Isaeus, de Pyrr. her. ~ 70;
at his office for that purpose every month in the year Dem. c. Olytnp. p. 1 175, c. gIacaet. p. 1054.)
except the last (Scirophorion). The party who It has hitherto been supposed that a simple issue
applied was regarded as a suitor, and (on obtaining was raised between the litigant parties, viz. who was
a hearing) was said AayXdvewrv'ou KCApov. (Isaeus, entitled to possess the estate; and that they prode Hagn. her. he. ~~ 22, 40, de Pyvr. her. ~ 74, de ceeded at once to the trial of such issue. This was
4styph. her. ~ 4; Dem. c. &teph. p. 1136.) called B6v0Ucla0 ealEPval. The -cause, however,