The intricate connection of the system of land tenure with the composition of the family removed the consideration of questions of ownership from the sphere of written law, and delegated them to the most conservative department of customary procedure, ranking them on a par with questions of family religious observances.[188] The deposit of some ancestor's bones in a certain field was occasionally a valuable link in the title to possession of that piece of land as private property;[189] and the possession of land at all was in part a guarantee of the pure native blood in the veins of the possessor.[190] It is a striking illustration of the truth of this that, throughout all the extant speeches of Isaeus dealing with the disposal of κλῆροι of dead citizens, not a single case turns upon evidence for or against a sale or transfer of property. The speeches all deal exclusively with family matters; the line of argument always leads to the proof of near kinship by blood or adoption to the previous owner; and the right of possession of the inheritance seems taken for granted as following incontrovertibly the establishment of the required relationship.[191]
“It seems to me that all those who contend for the right of succession to estates, when like us they have shown themselves to be both nearest in blood to the person deceased, and most connected with him in friendship (φιλίᾳ), are dispensed from adding a superfluity of other arguments.”[192]
Early semi-pastoral habits.
In the early settlements, as Thucydides tells us, necessity was the ruling motive. Each man devoted his attention to providing the necessaries of life. There was superfluity neither of chattels nor of tilth. Men hesitate to sow when the harvest is to be reaped by their enemies.[193] The flocks and herds of the pastoral tribes could be driven for safety into the mountain strongholds; yet even they were liable to frequent losses. On one occasion Odysseus had to go to Messene “to recover a debt; which, to wit, the whole people owed him (πᾶς δῆμος): for the Messenians had lifted 300 sheep with their shepherds from Ithaka.”[194] As the newcomers increased in numbers and gained a reputation for ability to defend their own, sufficient to discourage the attacks of their neighbours, they would have leisure to devote some of their energies to the cultivation of the plains around them. Troy was founded first up in the hills,[195] and afterwards was moved down to a good position on the lower ground for the sake no doubt of the better [pg 085] pasture in the river meadows, and of the agriculture which had long been carried on over the “wheat-bearing plain” around the city,[196] before the ravages of the ten years' war.
It is not proposed to enter in detail into the methods of cultivation of the soil in vogue at various times in Greece; but inasmuch as whilst studying the kernel, assistance may often be obtained from knowledge of the shell, mention may be made in passing of such few points of interest in the physical features of agriculture as may be available.
Modern methods of land-tenure in Greece and the islands.
In the Consular Reports on Land Tenure in Europe made in 1869, descriptions are given of the existing methods of tenure and cultivation in Greece and the Islands.
In Greece the usual holding of a small proprietor is said to be of fifteen to twenty-five acres (or sometimes double that area), and is called a zeugarion.[197] Many have only a couple of acres.
“The greatest inconvenience and frequent lawsuits arise from the manner in which these properties intersect each other. Moreover none of the usual precautions are adopted to mark the limits of the different properties, which, in the absence of any reliable land survey, are often very vaguely described in the title deeds.”[198]
In cases of intestacy real property is divided equally among the children or nearest relatives. When there is a will the testator can only reserve for his disposal a share of the estate equivalent to that which, after an equal division, descends by right to each of the direct heirs.