The unbounded derision, however, which Aristophanes heaps
upon Kleôn as a tanner, and upon Hyperbolus as a lamp-maker,
proves that, if any manufacturer engaged in politics, his party
opponents found enough of the old sentiment remaining to turn it
to good account against him.
To Solon is first owing the admission of a power of testamentary
bequest at Athens, in all cases in which a man had no legitimate
children. According to the preëxisting custom, we may rather presume
that if a deceased person left neither children nor blood relations,
his property descended, as at Rome, to his gens and phratry.[231]
Throughout most rude states of society, the power of willing is
unknown, as among the ancient Germans,—among the Romans prior to
the twelve tables,—in the old laws of the Hindus,[232] etc. Society
limits a man’s interest or power of enjoyment to his life, and
considers his relatives as having joint reversionary claims to his
property, which take effect, in certain determinate proportions,
after his death; and this view was the more likely to prevail at
Athens, inasmuch as the perpetuity of the family sacred rites,
in which the children and near relatives partook of right, was
considered by the Athenians as a matter of public as well as of
private concern. Solon gave permission to every man dying without
children to bequeathe his property by will as he should think fit,
and the testament was maintained, unless it could be shown to have
been procured by some compulsion or improper seduction. Speaking
generally, this continued to be the law throughout the historical
times of Athens. Sons, wherever there were sons, succeeded to the
property of their father in equal shares, with the obligation of
giving out their sisters in marriage along with a certain dowry. If
there were no sons, then the daughters succeeded, though the father
might by will, within certain limits, determine the person to whom
they should be married, with their rights of succession attached
to them; or might, with the consent of his daughters, make by will
certain other arrangements about his property. A person who had no
children, or direct lineal descendants, might bequeathe his property
at pleasure: if he died without a will, first his father, then his
brother or brother’s children, next his sister or sister’s children
succeeded: if none such existed, then the cousins by the father’s
side, next the cousins by the mother’s side,—the male line of descent
having preference over the female. Such was the principle of the
Solonian laws of succession, though the particulars are in several
ways obscure and doubtful.[233] Solon, it appears, was the first
who gave power of superseding by testament the rights of agnates
and gentiles to succession,—a proceeding in consonance with his
plan of encouraging both industrious occupation and the consequent
multiplication of individual acquisitions.[234]
Public-domain text, read in full here on John Shaqi.
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