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
But inasmuch as all fines
would be levied in the first instance upon the property of the guilty
individual, it may be assumed that his own earnings went first, and that
only in extreme cases would the ancestral land of the family be sold. Even
then, in Israelite law, it was expected that the land would be _redeemed_
by the nearest relative,(222) so that the result would be that the land
would go out of the family only when no relative could be found rich
enough to pay the fine out of his chattels.
(M111) It is interesting to find analogous provisions in the customs of
Gavelkind of ancient Kent. Under the system of Gavelkind equal division of
property amongst sons obstinately held its own against the incursions of
the right of primogeniture; and the connection of the family with their
land seems to have been regarded as especially privileged in spite of the
growth of Feudalism.
“If any tenant in Gauelkinde be attainted of felonie, for which he
suffereth execution of death, the king shall have all his _goods_,
and his heire forthwith after his death shall be inheritable to
all his _landes_ and tenements which he held in Gauelkinde in fee,
and in inheritance: and he shall hold them by the same services
and customes as his auncestors held them: whereupon, it is said in
Kentish:
“The father to the boughe,
“And the sonne to the ploughe.”(223)
(M112) It had become customary to allot to a bastard son who was prevented
by his birth from ranking with his brothers, and who had no place in the
kindred, some smaller substance as a means of subsistence.
(M113) Odysseus pretends he was in this position, and relates how his
proud brothers allotted him but a small _gift_ (παῦρα δόσαν) and a house
as his portion.(224)
Isaeus mentions that, only on the acquiescence of the true son, was
admission granted to a bastard into the phratria. Even then he was not
apparently taken into his father’s family, but allotted a farm (χωρίον ἕν)
by his brother and, as it were, launched into the world to start a family
of his own, without any further claim upon the property of his
father.(225)
His introduction and admission to a phratria and deme, as a descendant of
an old family, so far removed the stigma of his birth as to give him the
title of citizen, and thus afforded him the qualification for holding
land. Yet the knowledge of his real parentage bereft him of the right of
sharing equally with the rest of his father’s sons, and compelled him to
be satisfied with the bare means of subsistence wherewith to found and
continue a house of his own.(226)
Public-domain text, read in full here on John Shaqi.
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