CHAPTER IV.

THE GRECIAN GENS.

Greeks, Pelasgians and other nations of the same tribal origin were

constituted since prehistoric times on the same systematic plan as the

Americans: gens, phratry, tribe, league of tribes. The phratry might be

missing, as e. g. among the Dorians; the league of tribes might not be

fully developed in every case; but the gens was everywhere the unit. At

the time of their entrance into history, the Greeks were on the

threshold of civilization. Two full periods of evolution are stretching

between the Greeks and the above named American tribes. The Greeks of

the heroic age are by so much ahead of the Iroquois. For this reason the

Grecian gens no longer retains the archaic character of the Iroquois

gens. The stamp of group marriage is becoming rather blurred. Maternal

law had given way to paternal lineage. Rising private property had thus

made its first opening in the gentile constitution. A second opening

naturally followed the first: Paternal law being now in force, the

fortune of a wealthy heiress would have fallen to her husband in the

case of her marriage. That would have meant the transfer of her wealth

from her own gens to that of her husband. In order to avoid this, the

fundament of gentile law was shattered. In such a case, the girl was not

only permitted, but obliged to intermarry within the gens, in order to

retain the wealth in the latter.

According to Grote's History of Greece, the gens of Attica was held

together by the following bonds:

1. Common religious rites and priests installed exclusively in honor of

a certain divinity, the alleged gentile ancestor, who was designated by

a special by-name in this capacity.

2. A common burial ground. (See Demosthenes' Eubulides.)

3. Right of mutual inheritance.

4. Obligation to mutually help, protect and assist one another in case

of violence.

5. Mutual right and duty to intermarry in the gens in certain cases,

especially for orphaned girls or heiresses.

6. Possession of common property, at least in some cases, and an archon

(supervisor) and treasurer elected for this special case.

The phratry united several gentes, but rather loosely. Still we find in

it similar rights and duties, especially common religious rites and the

right of avenging the death of a phrator. Again, all the phratries of a

tribe had certain religious festivals in common that recurred at regular

intervals and were celebrated under the guidance of a phylobasileus

(tribal head) selected from the ranks of the nobles (eupatrides).

So far Grote. And Marx adds: "The savage (e. g. the Iroquois) is still

plainly visible in the Grecian gens." On further investigation we find

additional proofs of this. For the Grecian gens has also the following

attributes:

7. Paternal Lineage.

8. Prohibition of intermarrying in the gens except in the case of

heiresses. This exception formulated as a law clearly proves the

validity of the old rule. This is further substantiated by the

universally accepted custom that a woman in marrying renounced the

religious rites of her gens and accepted those of her husband's gens.

She was also registered in his phratry. According to this custom and to

a famous quotation in Dikaearchos, marriage outside of the gens was the

rule. Becker in "Charikles" directly assumes that nobody was permitted

to intermarry in the gens.

9. The right to adopt strangers in the gens. It was exercised by

adoption into the family under public formalities; but it was used

sparingly.

10. The right to elect and depose the archons. We know that every gens

had its archon. As to the heredity of the office, there is no reliable

information. Until the end of barbarism, the probability is always

against strict heredity. For it is absolutely incompatible with

conditions where rich and poor had perfectly equal rights in the gens.

Not alone Grote, but also Niebuhr, Mommsen and all other historians of

classical antiquity, were foiled by the gens. Though they chronicled

many of its distinguishing marks correctly, still they always regarded

it as a group of families and thus prevented their understanding the

nature and origin of gentes. Under the gentile constitution, the family

never was a unit of organization, nor could it be so, because man and

wife necessarily belonged to two different gentes. The gens was wholly

comprised in the phratry, the phratry in the tribe. But the family

belonged half to the gens of the man, and half to that of the woman. Nor

does the state recognize the family in public law. To this day, the

family has only a place in private law. Yet all historical records take

their departure from the absurd supposition, which was considered almost

inviolate during the eighteenth century, that the monogamous family, an

institution scarcely older than civilization, is the nucleus around

which society and state gradually crystallized.

"Mr. Grote will also please note," throws in Marx, "that the gentes,

which the Greeks traced to their mythologies, are older than the

mythologies. The latter together with their gods and demi-gods were

created by the gentes."

Grote is quoted with preference by Morgan as a prominent and quite

trustworthy witness. He relates that every Attic gens had a name derived

from its alleged ancestor; that before Solon's time, and even after, it

was customary for the gentiles (gennêtes) to inherit the fortunes of

their intestate deceased; and that in case of murder first the relatives

of the victim had the duty and the right to prosecute the criminal,

after them the gentiles and finally the phrators. "Whatever we may learn

about the oldest Attic laws is founded on the organization in gentes and

phratries."

The descent of the gentes from common ancestors has caused the

"schoolbred philistines," as Marx has it, much worry. Representing this

descent as purely mythical, they are at a loss to explain how the gentes

developed out of independent and wholly unrelated families. But this

explanation must be given, if they wish to explain the existence of the

gentes. They then turn around in a circle of meaningless gibberish and

do not get beyond the phrase: the pedigree is indeed a fable, but the

gens is a reality. Grote finally winds up--the parenthetical remarks are

by Marx: "We rarely hear about this pedigree, because it is used in

public only on certain very festive occasions. But the less prominent

gentes had their common religious rites (very peculiar, Mr. Grote!) and

their common superhuman ancestor and pedigree just like the more

prominent gentes (how very peculiar this, Mr. Grote, in less prominent

gentes!); and the ground plan and the ideal fundament (my dear sir! Not

ideal, but carnal, anglice "fleshly") was the same in all of them."

Marx sums up Morgan's reply to this as follows: "The system of

consanguinity corresponding to the archaic form of the gens--which the

Greeks once possessed like other mortals--preserved the knowledge of the

mutual relation of all members of the gens. They learned this important

fact by practice from early childhood. With the advent of the monogamous

family this was gradually forgotten. The gentile name created a pedigree

by the side of which that of the monogamous family seemed insignificant.

This name had now the function of preserving the memory of the common

descent of its bearers. But the pedigree of the gens went so far back

that the gentiles could no longer actually ascertain their mutual

kinship, except in a limited number of more recent common ancestors. The

name itself was the proof of a common descent and sufficed always except

in cases of adoption. To actually dispute all kinship between gentiles

after the manner of Grote and Niebuhr, who thus transform the gens into

a purely hypothetical and fictitious creation of the brain, is indeed

worthy of "ideal" scientists, that is book worms. Because the relation

of the generations, especially on the advent of monogamy, is removed to

the far distance, and the reality of the past seems reflected in

phantastic imaginations, therefore the brave old philistines concluded

and conclude that the imaginary pedigree created real gentes!"

The phratry was, as among the Americans, a mother-gens comprising

several daughter gentes, and often traced them all to the same ancestor.

According to Grote "all contemporaneous members of the phratry of

Hekataeos were descendants in the sixteenth degree of one and the same

divine ancestor." All the gentes of this phratry were therefore

literally brother gentes. The phratry is mentioned by Homer as a

military unit in that famous passage where Nestor advises Agamemnon:

"Arrange the men by phratries and tribes so that phratry may assist

phratry, and tribe the tribe." The phratry has the right and the duty to

prosecute the death of a phrator, hence in former times the duty of

blood revenge. It has, furthermore, common religious rites and

festivals. As a matter of fact, the development of the entire Grecian

mythology from the traditional old Aryan cult of nature was essentially

due to the gentes and phratries and took place within them. The phratry

had an official head (phratriarchos) and also, according to De

Coulanges, meetings and binding resolutions, a jurisdiction and

administration. Even the state of a later period, while ignoring the

gens, left certain public functions to the phratry.

The tribe consisted of several kindred phratries. In Attica there were

four tribes of three phratries each; the number of gentes in each

phratry was thirty. Such an accurate division of groups reveals the fact

of a conscious and well-planned interference with the natural order.

How, when and why this was done is not disclosed by Grecian history. The

historical memory of the Greeks themselves does not reach beyond the

heroic age.

Closely packed in a comparatively small territory as the Greeks were,

their dialectic differences were less conspicuous than those developed

in the wide American forests. Yet even here we find only tribes of the

same main dialect united in a larger organization. Little Attica had its

own dialect which later on became the prevailing language in Grecian

prose.

In the epics of Homer we generally find the Greek tribes combined into

small nations, but so that their gentes, phratries and tribes retained

their full independence. They already lived in towns fortified by walls.

The population increased with the growth of the herds, with agriculture

and the beginnings of the handicrafts. At the same time the differences

in wealth became more marked and gave rise to an aristocratic element

within the old primordial democracy. The individual little nations

carried on an unceasing warfare for the possession of the best land and

also for the sake of looting. Slavery of the prisoners of war was

already well established.

The constitution of these tribes and nations was as follows:

1. A permanent authority was the council (bule), originally composed of

the gentile archons, but later on, when their number became too great,

recruited by selection in such a way that the aristocratic element was

developed and strengthened. Dionysios openly speaks of the council at

the time of the heroes as being composed of nobles (kratistoi). The

council had the final decision in all important matters. In Aeschylos,

e. g. the council of Thebes decides that the body of Eteokles be buried

with full honors, the body of Polynikes, however, thrown out to be

devoured by the dogs. With the rise of the state this council was

transformed into the senate.

2. The public meeting (agora). We saw how the Iroquois, men and women,

attended the council meetings, taking an orderly part in the discussions

and influencing them. Among the Homeric Greeks, this attendance had

developed to a complete public meeting. This was also the case with the

Germans of the archaic period. The meeting was called by the council.

Every man could demand the word. The final vote was taken by hand

raising (Aeschylos in "The Suppliants," 607), or by acclamation. The

decision of the meeting was supreme and final. "Whenever a matter is

discussed," says Schoemann in "Antiquities of Greece," "which requires

the participation of the people for its execution, Homer does not

indicate any means by which the people could be forced to it against

their will." It is evident that at a time when every able-bodied member

of the tribe was a warrior, there existed as yet no public power apart

from the people that might have been used against them. The primordial

democracy was still in full force, and by this standard the influence

and position of the council and of the basileus must be judged.

3. The military chief (basileus). Marx makes the following comment: "The

European scientists, mostly born servants of princes, represent the

basileus as a monarch in the modern sense. The Yankee republican Morgan

objects to this. Very ironically but truthfully he says of the oily

Gladstone and his "Juventus Mundi": 'Mr. Gladstone, who presents to his

readers the Grecian chiefs of the heroic age as kings and princes, with

the superadded qualities of gentlemen, is forced to admit that, on the

whole we seem to have the custom or law of primogeniture sufficiently,

but not oversharply defined.' As a matter of fact, Mr. Gladstone himself

must have perceived that a primogeniture resting on a clause of

'sufficient but not oversharp' definition is as bad as none at all."

We saw how the law of heredity was applied to the offices of sachems and

chiefs among the Iroquois and other Indians. All offices were subject to

the vote of the gentiles and for this reason hereditary in the gens. A

vacancy was filled preferably by the next gentile relative--the brother

or the sister's son--unless good reasons existed for passing him. That

in Greece, under paternal law, the office of basileus was generally

transmitted to the son or one of the sons, indicates only that the

probability of succession by public election was in favor of the sons.

It implies by no means a legal succession without a vote of the people.

We here perceive simply the first rudiments of segregated families of

aristocrats among Iroquois and Greeks, which led to a hereditary

leadership or monarchy in Greece. Hence the facts are in favor of the

opinion that among Greeks the basileus was either elected by the people

or at last was subject to the indorsement of their appointed organs, the

council or agora, as was the case with the Roman king (rex).

In the Iliad the ruler of men, Agamemnon, does not appear as the

supreme king of the Greeks, but as general in chief of a federal army

besieging a city. And when dissensions had broken out among the Greeks,

it is this quality which Odysseus points out in a famous passage: "Evil

is the rule of the many; let one be the ruler, one the chief" (to which

the popular verse about the scepter was added later on). Odysseus does

not lecture on the form of government, but demands obedience to the

general in chief.

Considering that the Greeks before Troy appear only in the character of

an army, the proceedings of the agora are sufficiently democratic. In

referring to presents, that is the division of the spoils, Achilles

always leaves the division, not to Agamemnon or some other basileus, but

to the "sons of the Achaeans," the people. The attributes, descendant of

Zeus, bred by Zeus, do not prove anything, because every gens is

descended from some god--the gens of the leader of the tribe from a

"prominent" god, in this case Zeus. Even those who are without personal

freedom, as the swineherd Eumaeos and others, are "divine" (dioi or

theioi), even in the Odyssey, which belongs to a much later period than

the Iliad. In the same Odyssey, the name of "heros" is given to the

herald Mulios as well as to the blind bard Demodokos. In short, the word

"basileia," with which the Greek writers designate the so-called

monarchy of Homer (because the military leadership is its distinguishing

mark, by the side of which the council and the agorâ are existing),

means simply--military democracy (Marx).

The basileus had also sacerdotal and judiciary functions beside those of

a military leader. The judiciary functions are not clearly defined, but

the functions of priesthood are due to his position of chief

representative of the tribe or of the league of tribes. There is never

any mention of civil, administrative functions. But it seems that he

was ex-officio a member of the council. The translation of basileus by

king is etymologically quite correct, because king (Kuning) is derived

from Kuni, Künne, and signifies chief of a gens. But the modern meaning

of the word king in no way designates the functions of the Grecian

basileus. Thucydides expressly refers to the old basileia as patrikê,

that is "derived from the gens," and states that it had well defined

functions. And Aristotle says that the basileia of heroic times was a

leadership of free men and that the basileus was a military chief, a

judge and a high priest. Hence the basileus had no governmental power in

a modern sense.[24]

In the Grecian constitution of heroic times, then, we still find the old

gentilism fully alive, but we also perceive the beginnings of the

elements that undermine it; paternal law and inheritance of property by

the father's children, favoring accumulation of wealth in the family and

giving to the latter a power apart from the gens; influence of the

difference of wealth on the constitution by the formation of the first

rudiments of hereditary nobility and monarchy; slavery, first limited to

prisoners of war, but already paving the way to the enslavement of

tribal and gentile associates; degeneration of the old feuds between

tribes a regular mode of existing by systematic plundering on land and

sea for the purpose of acquiring cattle, slaves, and treasures. In

short, wealth is praised and respected as the highest treasure, and the

old gentile institutions are abused in order to justify the forcible

robbery of wealth. Only one thing was missing: an institution that not

only secured the newly acquired property of private individuals against

the communistic traditions of the gens, that not only declared as sacred

the formerly so despised private property and represented the protection

of this sacred property as the highest purpose of human society, but

that also stamped the gradually developing new forms of acquiring

property, of constantly increasing wealth, with the universal sanction

of society. An institution that lent the character of perpetuity not

only to the newly rising division into classes, but also to the right of

the possessing classes to exploit and rule the non-possessing classes.

And this institution was found. The state arose.

FOOTNOTE:

[24] Author's note.

Just as the Grecian basileus, so the Aztec military chief was

misrepresented as a modern prince. Morgan was the first to submit to

historical criticism the reports of the Spaniards who first

misapprehended and exaggerated, and later on consciously misrepresented

the functions of this office. He showed that the Mexicans were in the

middle stage of barbarism, but on a higher plane than the New Mexican

Pueblo Indians, and that their constitution, so far as the garbled

accounts show, corresponded to this stage: a league of three tribes

which had made a number of others tributary and was administered by a

federal council and a federal chief of war, whom the Spaniards construed

into an "emperor."

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