On The Structure of Greek Tribal Society: An EssaySeebohm, Hugh E. (Hugh Exton)
History
On The Structure of Greek Tribal Society: An Essay
Seebohm, Hugh E. (Hugh Exton)
Greece -- History; Greece -- Law -- Antiquities; Greece -- Social life and customs; Land tenure -- Greece; Tribes
(M108) But it must be borne in mind that though the κλῆρος was set apart
in theory for the use and sustenance of a head of a family with all his
descendants, and was supposed to be inalienable therefrom, there is no
reason to suppose that there existed among the Greeks a system of joint
holding between father and son. The ownership and management of the
property vested in the head of the family. It is true that brothers did
not always divide their inheritance on the death of their father, but
their undivided right to their respective equal shares remained to each
one and his descendants as an individual property, and they always seem to
have had the expectation of an ultimate subdivision amongst the separate
οἶκοι that had sprung into being.(218)
(M109) The Gortyn Laws throw some light on the subject.
As long as the father is alive, no man shall buy or receive in pledge from
the son any of the father’s property. But what the son himself has earned,
or inherited, he may sell if he like.
So too the father may not dispose of the goods of the children which they
have earned or inherited.
Yet may a son’s prospective share in his paternal inheritance be sold to
pay any legal fine he has incurred.(219)
(M110) There is no joint holding here between father and son. The father
is in undisputed possession, and nothing the son can do by private
contract can affect his father’s occupation. But if the son had a right of
maintenance from his father during the lifetime of both, his expectation
of succession to an equal share with his brothers would give him, so to
speak, a value in the public eye. In the event of his incurring a
blood-fine, his father would presumably be obliged to pay it out of the
patrimony; and when exaction of such penalties passed into the hands of a
court, exception would hardly be made for long on behalf of the fine for
murder over penalties for other crimes coming before the court. Although
therefore for all ordinary purposes a son had no claim on the paternal
estate beyond his maintenance, his right of succession might easily grow
up in the eye of the law as an available asset capable of forfeiture with
the theoretical assumption that the scapegrace was unfit to hold his
position in the family.(220) His future portion, thus becoming deprived of
a representative, might be wholly or in part confiscated to the State.
There are many inscriptions confiscating to the State the goods of
criminals who transgressed the laws therein; but Plato evidently
contemplated the possibility of wiping out the individual without
depriving his descendants of their inheritance.(221) In such a case as
wife-murder, he says, the husband’s right of maintenance is extinguished
from amongst his family, he should be banished and his name wiped out for
ever, whilst his sons or relations enter upon the inheritance of his
property _immediately_. No distinction is made by Plato, or in the Gortyn
Laws in such a case between chattels and land.
Public-domain text, read in full here on John Shaqi.
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