Smith, William: A smaller dictionary of Greek and Roman antiquities (London, 1871)

HERES.

203

HERES.

The Heraea of Argos were celebrated every
fifth year. One of the great solemnities
which took place on the occasion, was a mag-
nificent procession to the great temple of
Hera, between Argos and Mycenae. A vast
number of young men assembled at Argos,
and marched in armour to the temple of the
goddess. They were preceded by one hun-
dred oxen (eKaTOfijSij, whence the festival is
also called eica.TO|u,3ac.a). The high-priestess
accompanied this procession, riding in a cha-
riot drawn by two white oxen. The 100
oxen were sacrificed, and their flesh distri-
buted among all the citizens; after which
games and contests took place. Of the He-
raea celebrated in other countries, those of
Samos, which island derived the worship of
Hera from Argos, were perhaps the most
brilliant of all the festivals of this divinity.
The Heraea of Elis, which were celebrated
in the fourth year of every Olympiad, were
also conducted with considerable splendour.

HERES.—(1) Greek. To obtain the right
of inheritance as well as citizenship at Athens
(dyvi<rrci'a and 7roAiTei'<x), legitimacy was a
necessary qualification. When an Athenian
died leaving legitimate sons, they shared the
inheritance, like our heirs in gavelkind ; the
only advantage possessed by the eldest son
being the first choice in the division. Every
man of full age and sound mind, not under
durance or improper influence, was compe-
tent to make a will; but if he had a son he
could not disinherit him, although his will
might take effect in ease the son did not
complete his seventeenth year. If there was
but one son, he took the whole estate ; but
if he had sisters, it was incumbent on him to
provide for them, and give them suitable
marriage portions; they were then called
ciri'irpoLKOL. On failure of sons and their issue,
daughters.and daughters' children succeeded,
and there seems to have been no limit to the
succession in the descending line. It will
assist the student to be informed, that dreads
signifies a first cousin. 'Ai/ei|«a8o0s is a first
cousin's son ; formed in the same manner as
aSeKtfuSovs from d£eA.<f>ds, and fuyaTpiSous from
Ouycmjp. K.Vijpo; is the subject-matter of
inheritance, or (in one sense of the word)
the inheritance ; xAijpoi'dp.o; the heir. 'Ay-
XtoTcia, proximity of blood in reference to
succession, and sometimes right of succes-
sion. SuyyeVeia, natural consanguinity. Suy-
veve«, collateral relations, are opposed to
exyovoi, lineal descendants. — (2) Roman.
A person might become an heres by being
named as such (institutus, scriptus, factus)
in a will executed by a competent person,
according to the forms required by law [Tes-
tamextum]. The testator might either name

one person as heres, or he might name
several heredes [coheredcs), and he might
divide the hereditas among them as he
pleased. The shares of the heredes were
generally expressed by reference to the divi-
sions of the As: thus, "heres ex asse" is
heres to the whole property; " heres ex
dodrante," heres to three-fourths ; " heres
ex semuncia," heir to one twenty-fourth.
If there were several heredes named, without
any definite shares being given to them, the
property belonged to them in equal shares.
As a general rule, only Roman citizens could
be named as heredes in the will of a Roman
citizen; but a slave could also be named
heres, though he had no power to make a
will, and a filius-familias could also be named
heres, though he was under the same inca-
pacity. Persons, not Roman citizens, who
had received the commercium, could take
hereditates, legata and fideicommissa by tes-
tament.—Heredes were either Xecessarii, Bui
et Xecessarii, or Extranei. The heres neces-
sarius was a slave of the testator, who was
made an heres and liber at the same time;
and he was called necessarius, because of the
necessity that he was under of accepting the
hereditas. The heredes sui et necessarii
were sons and daughters, and the sons and
daughters of a son, who were in the power
of a testator. These heredes sui were called
necessarii, because of the necessity that they
were under, according to the civil law, of
taking the hereditas with its incumbrances.
But the praetor permitted such persons to
refuse the hereditas (abstinere se ab hercdi-
tate), and to allow the property to be sold
to pay the testator's debts; and he gave
the same privilege to a mancipated son
(qui in causa mancipii est). All other
heredes are called extranei, and compre-
hend all persons who are not in the power
of a testator, such as emancipated chil-
dren. A certain time was allowed to ex-
tranei for the cretio hereditatis, that is, for
them to determine whether they would take
the hereditas or not : hence the phrase,
" cernere hereditatem." — If a man died
intestate, the hereditas came to the heredes
sui, and was then called legitima hereditas.
If an intestate had no sui heredes, the Twelve
Tables gave the hereditas to the agnati [Cog-
nati], and if there were no agnati, to the
gentiles. If a man had a son in his power,
he was bound either to make him heres, or
to exheredate (exhercdare) him expressly
(nominatim). If he passed him over in
silence (silentio praeterierit), the will was
altogether void (inutile, non jure factum).
Other liberi could be passed over, and the
will would still be a valid will; but the