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
(M156) Though the sale of estates could be effected at Athens in the
fourth century B.C., yet, when the owner died without having sold, the
succession was regulated by the ancient custom. If there were legitimate
children, the inheritance to the land could not be diverted from them,
even by will;(333) provided only that the children had gone through the
ceremony of being accepted and enrolled by the phratria. If the descendant
had neglected this formality, and had failed to be recognised as a legal
member of the kindred or clan, he or she lost all rights to the property,
which went to the devisee or next of kin.(334) The right to possess land
was thus at Athens, as at Sparta, intimately connected with the tribal
organisation; and the claim for maintenance from the paternal estate could
only lie, after full acknowledgment of the necessary qualification had
been granted by the larger unit of relationship.
§ 10. The Idea Of Family Land Applied Also To Leasehold And Semi-Servile
Tenure.
(M157) Attention has been drawn to the reciprocal relations that existed
between the family and its land, and their inseparability in the minds and
phraseology of the Greeks at different times. There is a further
development however arising from this point of view, without some notice
of which the subject of the tenure of the κλῆρος would be incomplete, and
which serves to confirm the method with which this subject has been
treated.
Though alike in their estimation of the possession of land as a means of
livelihood and for the accumulation of wealth, the Greeks had very
different views with respect to the place of agriculture as a worthy
occupation for a citizen. Sparta regarded it as entirely beneath the
dignity of her sons and forbade their personal application to the
cultivation of their κλῆροι. There was at Athens, on the other hand, a
large class of citizens whose energies were entirely devoted to the
production of fruits of the earth, whilst the life of a country gentleman,
combined with that of the farmer, was by no means despicable in their
eyes.
(M158) There were mainly two methods of enjoying the possession of a
landed estate. Either the land was cultivated by the owner himself with
the help of bought slaves or hired servants, few or many, as described in
Hesiod and the _Oeconomics_ of Xenophon;(335) or the owner resided in the
city or a neighbouring town, and the land was tilled by aliens or serfs
(called sometimes κλαρῶται), like the Helots of Sparta, who paid an annual
contribution from the produce to their landlord. The serf was often
attached hereditarily to the soil in the sense of being unable to give up
his holding, but also had certain rights as against his master, both in
the matter of his own possessions and in that he could not be sold out of
the country.(336)
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