Page:The Ancient City- A Study on the Religion, Laws, and Institutions of Greece and Rome.djvu/427

 CHAP. VIII. CHANGES IN PIUVATE LAW. 421 he leaves no children, his brother inherits, and not his sister, — his brother by the same father, and not his uterine brother. In default of brothers and the sons of brothers, the succession falls to the sister. If there are neither brothers, nor sisters, nor nephews, the cous- ins and the children of cousins inherit. If no cousins are found in the paternal branch (that is to say, among the agnates), the succession is conferred on the collater- als of the maternal branch (the cognates)." Thus women began to enjoy rights of iniieritance, but rights inferior to those of men. The law formally de- clared this principle : " Males and the descendants through males exclude women and the descendants of women." But this sort of relationship was recognized and took its place in the laws — a certain proof that natural right began to 6i)eak almost as loud as the an- cient religion. Solon also introduced into Athenian legislation some- thing entirely new — the will. Before him property passed necessarily to the nearest agnate, or, in default of agnates, to the gennetes {gentiles) ; this was because goods were considered as belonging, not to the indi- vidual, but to the family. But in Solon's time men be- gan to take another view of the right of propeity. The dissolution of the old yho^ had made every domain the property of an individual. The legislator therefore permitted them to dispose of their fortunes, and to choose their legatees. Still, while suppressing the rights which the yhoi had over each of its members, he did not suppress the rights of the natural family, — the son remained the necessary heir. If the deceased left only a daughter, he could choose his heir only on con- dition that this heir should marry the daughter. A