Page:The Green Bag (1889–1914), Volume 15.pdf/71

brews. A classical instance is found in the hated, and if the first born son be hers that history of David, who begged Jonathan to was hated, then it 'shall be when he maketh say to King Saul, his father, "David earnestly his sons to inherit that which he hath, that he may not make the son of the beloved first asked leave of me that he might run to Beth born before the son of the hated which is lehem, his city; for there is a yearly sacrifice indeed the first born; but he shall acknowl there for all the family" (I Samuel, xx, 6); and in the same chapter Jonathan reported edge the son of the hated for the first born the matter to his father, King Saul, in these by giving him a double portion of all that he hath; for he is the beginning of his strength; words: "David earnestly asked leave of me to go to Bethlehem and he said, Let me go, the right of the first born is his." (Deuter I pray thee, for our family has a sacrifice in onomy xxi, 15-17.) the city and my brother commanded me to Although the father's right over the family be there" (I Samuel, xxviii, 29). From the estate was limited in this respect, it appears second passage, it appears that David's that there was no restriction placed upon the brother, in all probability his- eldest .brother, exercise of his right to appoint a successor had charge of the ceremonies of the family as the head of the family, provided such ap sacrifice, and issued the summons for all the pointee was of the blood of the family. Such members of the family to be present. This appointment carried with it certain powers oldest brother, named Eliab, is found on anr and an honorary precedence, although it in other occasion exercising his authority, no way affected the inheritance, a double when David had come to the camp of King portion of which always went to him who Saul's army, by chiding him for leaving the was actually first born. In the traditions of flocks which had been left in his care. the patriarchs in Genesis, the headship of the It was always the first born of the father, family is in several instances given to the and not the first born of the mother, who en younger son in preference to the elder. Ishjoyed these privileges and prerogatives. The mael, the elder, is set aside in favor of Isaac, apparent paradox in this statement disap the younger son (Genesis xxi, 10); Esau pears when it is remembered that we are con makes way for Jacob (Genesis xxvii. 29); sidering a polygamous state of society in Reuben for Joseph (I Chronicles, v, 2); Manwhich each of the wives may have had a first asseh for Ephraim (Genesis xlviii, 17-18). In born son. The definite right of the oldest all these cases it is only the headship of the born son of the patriarch to a larger share family that was given to the younger son, of the family estate was a later limitation of except in the case of Isaac. In the latter the patriarchal power. In the early stages case, Ishmael, who was the oldest born, was of this form of society, the patriarch disposed entirely disinherited in favor of Isaac. This of the family property at his pleasure, but case illustrates the ancient right of the patri after the corporate notion of the family had arch to divide the inheritance as he pleased, Seen established whereby it was recognized which was abolished by the law in Deuter onomy above quoted. There is a suggestion, as an entity apart from the members com posing it, the unlimited right of disposing of also, of this right to deprive the first born of the family property was restricted. A record his share of the inheritance in the story of of the establishment of such restrictive meas i Jacob and Esau. It seems that in the course ures is found in the Book of Deuteronomy of time the right to appoint the head of the as follows: "If a man have two wives, one family in succession to the patriarch was like beloved and another hated, and they have wise limited by custom, and the eldest born borne him children, both the beloved and the, was preferred for this position also. It is