town-population both in the city and in the Piraeus, which we find
actually residing there in the succeeding century. The multiplication of
such town residents, both citizens and _metics_ (_i.e.,_ resident persons,
not citizens, but enjoying an assured position and civil rights), was a
capital fact in the onward march of Athens, since it determined not
merely the extension of her trade, but also the preeminence of her naval
forces--and thus, as a further consequence, lent extraordinary vigor to
her democratical government. It seems, moreover, to have been a
departure from the primitive temper of Atticism, which tended both to
cantonal residence and rural occupation. We have, therefore, the greater
interest in noting the first mention of it as a consequence of the
Solonian legislation.
To Solon is first owing the admission of a power of testamentary bequest
at Athens in all cases in which a man had no legitimate children.
According to the preexisting custom, we may rather presume that if a
deceased person left neither children nor blood relations, his property
descended (as at Rome) to his gens and phratry. Throughout most rude
states of society the power of willing is unknown, as among the ancient
Germans--among the Romans prior to the twelve tables--in the old laws of
the Hindus, etc. Society limits a man's interest or power of enjoyment
to his life, and considers his relatives as having joint reversionary
claims to his property, which take effect, in certain determinate
proportions, after his death. Such a law was the more likely to prevail
at Athens, since the perpetuity of the family sacred rites, in which the
children and near relatives partook of right, was considered by the
Athenians as a matter of public as well as of private concern. Solon
gave permission to every man dying without children to bequeath his
property by will as he should think fit; and the testament was
maintained unless it could be shown to have been procured by some
compulsion or improper seduction. Speaking generally, this continued to
be the law throughout the historical times of Athens. Sons, wherever
there were sons, succeeded to the property of their father in equal
shares, with the obligation of giving out their sisters in marriage
along with a certain dowry. If there were no sons, then the daughters
succeeded, though the father might by will, within certain limits,
determine the person to whom they should be married, with their rights
of succession attached to them; or might, with the consent of his
daughters, make by will certain other arrangements about his property. A
person who had no children or direct lineal descendants might bequeath
his property at pleasure: if he died without a will, first his father,
then his brother or brother's children, next his sister or sister's
children succeeded: if none such existed, then the cousins by the
father's side, next the cousins by the mother's side,--the male line of
descent having preference over the female.
Public-domain text, read in full here on John Shaqi.
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