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

lIERES. HERES. 597
might become more complicated, if one of the yoveIS in this case includes all ancestors. (Meier,
parties chose to make exception to the right of any de Boas. DamZn. p. 126.)
other to dispute his title: this was done by tender- Among heritable obligations may be reckoned
ing an affidavit (bLayapTrvpla) sworn either by him- that of marrying a poor heiress (;a-cra), or giving
self or by another, wherein he declared that the her in marriage with a suitable portion. (See
estate was not the subject of litigation ('ij. EriniKcos), EPICLERUS, and Meurs. Them. Alt. i. 13.)
nnd alleged some matter of fact or law to support That the heir was bound to pay the debts of the
his assertion. Sons, adopted sons, and persons in deceased, as far as the assets would extend, cannot
legal possession, were allowed this advantage. be doubted. Five years seem to have been the
For example, a witness might depose that the last period for the limitation of actions against him
occupier had left male issue surviving him, and (yrpo0eo'iya). In case of a mortgage, he was entherefore the property could not be claimed by any titled only to the surplus of the mortgaged property,
collateral relative or devisee: or that the title had remaining after payment of the debt charged
already been legally determined, and that the new thereon. (Lys. de Bon. Publ. ~~ 4, 5; Isaeus,
claimants were not at liberty to reopen the ques- de Arist. iher. ~ 23; Demosth. a. Calipp. p. 1240,
tion. This had the effect of a dilatory plea, and c. Spud. p. 1030, c. Nausirz. pp. 988, 989.)
stayed further proceedings in the cause. (Isaeus, State debtors, such as farmers of the public rede Dicaeog. Iar. ~ 30, de Apoll. ~ 3, de Philoct. ~~ 4, venue who had made default, or persons con52, de Pyrr. ~ 3; Dem. c. Leoch. p. 1097.) If demnned to pay a fine or penalty, were disfranthen the suitor was resolved to prosecute his claim, chised (&rLtoi) until they had settled the debt;
he had no other course but to procure a conviction and the disgrace extended to their posterity. Thus
of the witness (who had sworn the affidavit) in an Cinmon, son of Miltiades, was compelled to pay a
action for false testimony (8iK?1 evUauapTvptic)v). fine of fifty talents which had been imposed on his
Examples of such actions are the causes in which father; and the story is, that Callias advanced
Demosthenes was engaged against Leochares, and him the money, in return for the hand of his sister
Isaeus for the estate of Philoctemon. On the trial Elpinice. (Dem. c. Androt. p. 603, c. Tb/eoc.
of the witness the- questions were, first, the truth pp. 1322, 1327, c. Aphlob. p. 836, pro Car. p. 329,
of the facts deposed to; secondly, their legal effect, c. l1iacarl. p. 1069.) When the whole of a man's
if true. With respect to the witness, the conse- property was confiscated, of course nothing could
quences were the same as in any other action for descend to his heir. It seems to have been a comfllse testimony. [MARTYRIA.] With respect to mon practice, in such a case, for the relations of
the original cause nothing further was determined, the deceased to conceal his effects, or to lay claiml
than that it could or could not be entertained; the to them by pretended mortgages. Against these
FZa~Maprvpia in this particular resembling the 7rapa- frauds there were severe penalties, as may be seen,ypaipi. If the court decided that the suit could from the speeches of Lysias, c. Philocr. and de bon.
be entertained, the parties proceeded to trial in the Arist. (Meier, de Bon. Damn. p. 212.)
manner before explained. The posterity of those who were put to death
As to the further remedies to be pursued by the by the people, or were convicted of certain insuccessful party, in order to obtain the fruits of his famous crimes, such as theft, inherited the &T/aign
judgment, see EMBATEIA and ExoULES DIIE. of their ancestors, a danizosa hereditas, which they
And on this part of the subject see Meier, A it. Proc. could not decline or escape from. It may be compp. 459, 616, 638; Platner, Altt. Proc. vol. i. p. 163, pared to the corruption of blood following upon
vol. ii. p. 309. attainder in the feudal law. The legislator seems
V. Of the Obligations to w7/ich7 tlie IHeir szcceeded. to have thought that such children must be the
- The first duty of an heir, as with us of an exe- natural enemies of their country, and ought to be
cutor, was, to bury the dead and perform the cus- disarmed of all power to do mischief. WVe cannot
tomary funeral rites (&,Lvo/ItiUuEva 7roteY,). It is wonder at this, when we consider, that with rewell known what importance was attached to this spect to private feuds, it was deemed honourable
by the ancients. The Athenian law regulated the and meritorious in the child to preserve the enmity
time of burial, and the order in which the female of the father; and we find public prosecutors (as
relations should attend. If no money was left to in the opening of the speech of Lysias against
pay the expenses of burial, still the nearest rela- Agoratus, of Demosthenes against Theocriies),
tives wvere bound to defray them; and if they telling the dicasts, that they had been induced to
neglected to perform their duty, the chief magis- come forward by a desire to avenge the wrongs of
trate' (5apXos) of the demus, in which the death theirfamily. In the same spirit the Athenian law
took place, after warning them by public notice required, that men, guilty of unintentional homi(s'vaipesr ial aSy7r'eIv, Kat KaOaLpeta''rbY &bypo,), cide, should remain in exile, until they had apgot the work done by contract, paid for it himself, peased the nearest relatives of the deceased, to
and was then empowered to sue them for double whom it miore especially belonged to resent and
the amount. When a rich man died, there was forgive the injury. (Dem. c. M/d. p. 551, c.
no backwardness about his funeral. It is rather Arisloc. pp. 640, 643, c. Aristog. p. 790, c. 1Ma1ainusing to see how eagerly the relations hastened cast. p. 1 069; Meier, de Bos. Damn. pp. 106,
to show respect to his memory, as if to raise a pre- 136.)
sumption of their being the heirs. (Isaeus, de Isaeus tells us, that parents, who apprehended
Astyph. her. ~ 40, de Cir. her. ~~ 29-33, de Ni- their own insolvency, used to get their children
cost. lear. ~~ 9, 25; Dem. c. Alacart. pp. 1069, adopted into other families, that they might escape
1071.) the consequences. (De Arist. her. ~ 24.) This howChildren, who neglected to bury their parents, ever could not be done, after the infamy had once
were liable to a criminal prosecution (ypa1 Kaiwcc- attached. (Meier, de Bon. Damn. p. 136; Aesch.
oeces T.ys'ore), just as they were for refusing to c. Cles. ~ 21, ed. Bekk.)
support or assist them in their lifetime. The word We find no mention of property escheating to
QQ 3