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
(M154) The link that bound the cultivators to their land was so strong in
early times at Athens, that mortgages could apparently not be paid off by
mere transfer of the land itself; but the whole family of the debtor went
with their mortgaged property and became enslaved to the creditor, having
in future to work the land for him at a fixed charge.
This was the state of affairs that Solon set himself to mend, and it is
instructive that the method, he seems to have chosen, was to loosen the
tie between the owner and his land, and, by facilitating the transfer of
land from one to another, to obviate the necessity of taking the debtor’s
person with his family into slavery on account of the debt.(331)
Nevertheless, in spite of the radical legislation of Solon, the sentiment
that bound the family to the soil remained long after his time.
(M155) Besides the prohibition to sell the family land which Aristotle
speaks of as prevailing in Lokris, the Hypoknemidian Lokrians insisted on
actual residence on that land in the case of their colony at Naupaktos.
Though unable apparently wholly to forbid the participation of the
colonists in the ancestral rites of their kin in Lokris, they took
advantage of the prevailing sentiment with regard to the permanence of the
family, and insisted that the continuance of the hearth of the colonist at
Naupaktos should at any rate be considered of equal importance.
According to an inscription of the fifth century B.C.:—
“The colonist has the right to return to Lokris and sacrifice with
his γένος both in the rites of his δᾶμος and his φοίνανοι for
ever. He can only return permanently without paying the
re-establishment tax if he has left ἐν τᾷ ἱστίᾳ at Naupaktos a
grown-up son or a brother. If a γένος of the colonists is left
without a representative (ἐχέπαμον) ἐν τᾷ ἱστίᾳ, the nearest of
kin (ἐπάγχιστος) in Lokris shall take the property, provided he go
himself, be he man or boy, within three months to Naupaktos. A
colonist can inherit his share of his Lokrian father’s or
brother’s property....”
“If a magistrate deals unfairly and refuses justice, he shall be
ἄτιμος and shall lose his μέρος μετὰ οἰκιατᾶν.”(332)
Public-domain text, read in full here on John Shaqi.
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