Before the pecuniary classification of the Atticans introduced by
Solon, the phratries and gentes, and the trittyes and naukraries,
were the only recognized bonds among them, and the only basis of
legal rights and obligations, over and above the natural family.
The gens constituted a close incorporation, both as to property
and as to persons. Until the time of Solon, no man had any power
of testamentary disposition: if he died without children, his
gennêtes succeeded to his property,[99] and so they continued to
do even after Solon, if he died intestate. An orphan girl might be
claimed in marriage of right by any member of the gens, the nearest
agnates being preferred;[100] if she was poor, and he did not choose
to marry her himself, the law of Solon compelled him to provide
her with a dowry proportional to his enrolled scale of property,
and to give her out in marriage to another; and the magnitude of
the dowry required to be given,—large, even as fixed by Solon,
and afterwards doubled,—seems a proof that the lawgiver intended
indirectly to enforce actual marriage.[101] If a man was murdered,
first his near relations, next his gennêtes and phrators, were both
allowed and required to prosecute the crime at law;[102] his fellow
demots, or inhabitants of the same deme, did not possess the like
right of prosecuting. All that we hear of the most ancient Athenian
laws is based upon the gentile and phratric divisions, which are
treated throughout as extensions of the family. It is to be observed
that this division is completely independent of any property
qualification,—rich men as well as poor being comprehended in the
same gens.[103] Moreover, the different gentes were very unequal in
dignity, arising chiefly from the religious ceremonies of which each
possessed the hereditary and exclusive administration, and which,
being in some cases considered as of preëminent sanctity in reference
to the whole city, were therefore nationalized. Thus the Eumolpidæ
and Kêrȳkes, who supplied the Hierophant, and superintended the
mysteries of the Eleusinian Dêmêtêr,—and the Butadæ, who furnished
the priestess of Athênê Polias as well as the priest of Poseidôn
Erechtheus in the acropolis,—seem to have been reverenced above all
the other gentes.[104] When the name Butadæ was adopted in the
Kleisthenean arrangement as the name of a deme, the holy gens so
called adopted the distinctive denomination of Eteobutadæ, or “The
True Butadæ.”[105]
[99] Plutarch, Solon. 21. We find a common cemetery exclusively
belonging to the gens, and tenaciously preserved (Demosth. cont.
Eubulid. p. 1307; Cicero, Legg. ii, 26).
[100] Demosth. cont. Makartat. p. 1068. See the singular
additional proviso in Plutarch, Solon, c. 20.
[101] See Meursius, Themis Attica, i, 13.
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