CHAPTER IX.

THE GRECIAN PHRATRY, TRIBE AND NATION.

THE ATHENIAN PHRATRY.—HOW FORMED.—DEFINITION OF

DIKÆARCHUS.—OBJECTS CHIEFLY RELIGIOUS.—THE PHRATRIARCH.—THE

TRIBE.—COMPOSED OF THREE PHRATRIES.—THE PHYLO-BASILEUS.—THE

NATION.—COMPOSED OF FOUR TRIBES.—BOULE, OR COUNCIL OF

CHIEFS.—AGORA, OR ASSEMBLY OF THE PEOPLE.—THE BASILEUS.—TENURE

OF THE OFFICE.—MILITARY AND PRIESTLY FUNCTIONS.—CIVIL

FUNCTIONS NOT SHOWN.—GOVERNMENTS OF THE HEROIC AGE, MILITARY

DEMOCRACIES.—ARISTOTLE’S DEFINITION OF A BASILEUS.—LATER

ATHENIAN DEMOCRACY.—INHERITED FROM THE GENTES.—ITS POWERFUL

INFLUENCE UPON ATHENIAN DEVELOPMENT.

The phratry, as we have seen, was the second stage of organization in

the Grecian social system. It consisted of several gentes united for

objects, especially religious, which were common to them all. It had

a natural foundation in the bond of kin, as the gentes in a phratry

were probably subdivisions of an original gens, a knowledge of the

fact having been preserved by tradition. “All the contemporary members

of the phratry of Hekatæus,” Mr. Grote remarks, “had a common god for

their ancestor at the sixteenth degree,”[250] which could not have

been asserted unless the several gentes comprised in the phratry of

Hekatæus, were supposed to be derived by segmentation from an original

gens. This genealogy, although in part fabulous, would be traced

according to gentile usages. Dikæarchus supposed that the practice of

certain gentes in supplying each other with wives, led to the phratric

organization for the performance of common religious rites.

This is a plausible explanation, because such marriages would

intermingle the blood of the gentes. On the contrary, gentes formed,

in the course of time, by the division of a gens and by subsequent

subdivisions, would give to all a common lineage, and form a natural

basis for their re-integration in a phratry. As such the phratry would

be a natural growth, and as such only can it be explained as a gentile

institution. The gentes thus united were brother gentes, and the

association itself was a brotherhood as the term imports.

Stephanus of Byzantium has preserved a fragment of Dikæarchus, in

which an explanation of the origin of the gens, phratry and tribe is

suggested. It is not full enough, with respect to either, to amount

to a definition; but it is valuable as a recognition of the three

stages of organization in ancient Grecian society. He uses patry (πάτρα)

in the place of gens (γένος), as Pindar did in a number of instances,

and Homer occasionally. The passage may be rendered: “Patry is one of

three forms of social union among the Greeks, according to Dikæarchus,

which we call respectively, patry, phratry, and tribe. The patry comes

into being when relationship, originally solitary, passes over into the

second stage [the relationship of parents with children and children

with parents], and derives its eponym from the oldest and chief member

of the patry, as Aicidas, Pelopidas.”

“But it came to be called phatria and phratria when certain ones gave

their daughters to be married into another patry. For the woman who was

given in marriage participated no longer in her paternal sacred rites,

but was enrolled in the patry of her husband; so that for the union,

formerly subsisting by affection between sisters and brothers, there

was established another union based on community of religious rites,

which they denominated a phratry; and so that again, while the patry

took its rise in the way we have previously mentioned, from the blood

relation between parents and children and children and parents, the

phratry took its rise from the relationship between brothers.”

“But tribe and tribesmen were so called from the coalescence into

communities and nations so called, for each of the coalescing bodies

was called a tribe.”[251]

It will be noticed that marriage out of the gens is here recognized

as a custom, and that the wife was enrolled in the gens, rather

than the phratry, of her husband. Dikæarchus, who was a pupil of

Aristotle, lived at a time when the gens existed chiefly as a pedigree

of individuals, its powers having been transferred to new political

bodies. He derived the origin of the gens from primitive times;

but his statement that the phratry originated in the matrimonial

practices of the gentes, while true doubtless as to the practice, is

but an opinion as to the origin of the organization. Intermarriages,

with common religious rites, would cement the phratric union; but

a more satisfactory foundation of the phratry may be found in the

common lineage of the gentes of which it was composed. It must be

remembered that the gentes have a history running back through the

three sub-periods of barbarism into the previous period of savagery,

antedating the existence even of the Aryan and Semitic families. The

phratry has been shown to have appeared among the American aborigines

in the Lower Status of barbarism; while the Greeks were familiar with

so much only of their former history as pertained to the Upper Status

of barbarism.

Mr. Grote does not attempt to define the functions of the phratry,

except generally. They were doubtless of a religious character chiefly;

but they probably manifested themselves, as among the Iroquois, at

the burial of the dead, at public games, at religious festivals, at

councils, and at the agoras of the people, where the grouping of chiefs

and people would be by phratries rather than by gentes. It would

also naturally show itself in the array of the military forces, of

which a memorable example is given by Homer in the address of Nestor

to Agamemnon.[252] “Separate the troops by tribes and by phratries,

Agamemnon, so that phratry may support phratry, and tribes, tribes

(κρῖν' ἄνδρας κατὰ φῦλα, κατὰ φρήτρας, Ἀγάμεμνον, ὡς φρήτρη φρήτρηφιν

ἀρήγῃ, φῦλα δὲ φύλοις). If thou wilt thus act, and the Greeks obey,

thou wilt then ascertain which of the commanders and which of the

soldiers is a coward, and which of them may be brave, for they will

fight their best.” The number from the same gens in a military force

would be too small to be made a basis in the organization of an army;

but the larger aggregations of the phratries and tribes would be

sufficient. Two things may be inferred from the advice of Nestor:

first, that the organization of armies by phratries and tribes had then

ceased to be common; and secondly, that in ancient times it had been

the usual plan of army organization, a knowledge of which had not then

disappeared. We have seen that the Tlascalans and Aztecs, who were in

the Middle Status of barbarism, organized and sent out their military

bands by phratries which, in their condition, was probably the only

method in which a military force could be organized. The ancient German

tribes organized their armies for battle on a similar principle.[253]

It is interesting to notice how closely shut in the tribes of mankind

have been to the theory of their social system.

The obligation of blood revenge, which was turned at a later day into

a duty of prosecuting the murderer before the legal tribunals, rested

primarily upon the gens of the slain person; but it was also shared in

by the phratry, and became a phratric obligation.[254] In the Eumenides

of Aeschylus, the Erinnys, after speaking of the slaying of his mother

by Orestes, put the question: “What lustral water of his phrators shall

await him?”[255] which seems to imply that if the criminal escaped

punishment final purification was performed by his phratry instead of

his gens. Moreover, the extension of the obligation from the gens to

the phratry implies a common lineage of all the gentes in a phratry.

Since the phratry was intermediate between the gens and the tribe,

and not invested with governmental functions, it was less fundamental

and less important than either of the others; but it was a common,

natural and perhaps necessary stage of re-integration between the

two. Could an intimate knowledge of the social life of the Greeks in

that early period be recovered, the phenomena would centre probably

in the phratric organization far more conspicuously than our scanty

records lead us to infer. It probably possessed more power and

influence than is usually ascribed to it as an organization. Among

the Athenians it survived the overthrow of the gentes as the basis of

a system, and retained, under the new political system, some control

over the registration of citizens, the enrollment of marriages and the

prosecution of the murderer of a phrator before the courts.

It is customary to speak of the four Athenian tribes as divided each

into three phratries, and of each phratry as divided into thirty

gentes; but this is merely for convenience in description. A people

under gentile institutions do not divide themselves into symmetrical

divisions and subdivisions. The natural process of their formation

was the exact reverse of this method; the gentes fell into phratries,

and ultimately into tribes, which reunited in a society or a people.

Each was a natural growth. That the number of gentes in each Athenian

phratry was thirty is a remarkable fact incapable of explanation by

natural causes. A motive sufficiently powerful, such as a desire for

a symmetrical organization of the phratries and tribes, might lead

to a subdivision of gentes by consent until the number was raised to

thirty in each of these phratries; and when the number in a tribe was

in excess, by the consolidation of kindred gentes until the number was

reduced to thirty. A more probable way would be by the admission of

alien gentes into phratries needing an increase of number. Having a

certain number of tribes, phratries and gentes by natural growth, the

reduction of the last two to uniformity in the four tribes could thus

have been secured. Once cast in this numerical scale of thirty gentes

to a phratry and three phratries to a tribe, the proportion might

easily have been maintained for centuries, except perhaps as to the

number of gentes in each phratry.

The religious life of the Grecian tribes had its centre and source in

the gentes and phratries. It must be supposed that in and through

these organizations, was perfected that marvelous polytheistic system,

with its hierarchy of gods, its symbols and forms of worship, which

impressed so powerfully the mind of the classical world. In no small

degree this mythology inspired the great achievements of the legendary

and historical periods, and created that enthusiasm which produced the

temple and ornamental architecture in which the modern world has taken

so much delight. Some of the religious rites, which originated in these

social aggregates, were nationalized from the superior sanctity they

were supposed to possess; thus showing to what extent the gentes and

phratries were nurseries of religion. The events of this extraordinary

period, the most eventful in many respects in the history of the Aryan

family, are lost, in the main, to history. Legendary genealogies

and narratives, myths and fragments of poetry, concluding with the

Homeric and Hesiodic poems, make up its literary remains. But their

institutions, arts, inventions, mythological system, in a word the

substance of civilization which they wrought out and brought with them,

were the legacy they contributed to the new society they were destined

to found. The history of the period may yet be reconstructed from these

various sources of knowledge, reproducing the main features of gentile

society as they appeared shortly before the institution of political

society.

As the gens had its archon, who officiated as its priest in the

religious observances of the gens, so each phratry had its phratriarch

(φρατριάρχος), who presided at its meetings, and officiated in

the solemnization of its religious rites. “The phratry,” observes

M. De Coulanges, “had its assemblies and its tribunals, and could

pass decrees. In it, as well as in the family, there was a god, a

priesthood, a legal tribunal and a government.”[256] The religious

rites of the phratries were an expansion of those of the gentes of

which it was composed. It is in these directions that attention should

be turned in order to understand the religious life of the Greeks.

Next in the ascending scale of organization was the tribe, consisting

of a number of phratries, each composed of gentes. The persons in

each phratry were of the same common lineage, and spoke the same

dialect. Among the Athenians as before stated each tribe contained

three phratries, which gave to each a similar organization. The tribe

corresponds with the Latin tribe, and also with those of the American

aborigines, an independent dialect for each tribe being necessary to

render the analogy with the latter complete. The concentration of

such Grecian tribes as had coalesced into a people, in a small area,

tended to repress dialectical variation, which a subsequent written

language and literature tended still further to arrest each tribe from

antecedent habits, however, was more or less localized in a fixed

area, through the requirements of a social system resting on personal

relations. It seems probable that each tribe had its council of chiefs,

supreme in all matters relating to the tribe exclusively. But since the

functions and powers of the general council of chiefs, who administered

the general affairs of the united tribes, were allowed to fall into

obscurity, it would not be expected that those of an inferior and

subordinate council would be preserved. If such a council existed,

which was doubtless the fact from its necessity under their social

system, it would have consisted of the chiefs of the gentes.

When the several phratries of a tribe united in the commemoration of

their religious observances it was in their higher organic constitution

as a tribe. As such, they were under the presidency, as we find it

expressed, of a phylo-basileus, who was the principal chief of the

tribe. Whether he acted as their commander in the military service I am

unable to state. He possessed priestly functions, always inherent in

the office of basileus, and exercised a criminal jurisdiction in cases

of murder; whether to try or to prosecute a murderer, I am unable to

state. The priestly and judicial functions attached to the office of

basileus tend to explain the dignity it acquired in the legendary and

heroic periods. But the absence of civil functions, in the strict sense

of the term, of the presence of which we have no satisfactory evidence,

is sufficient to render the term king, so constantly employed in

history as the equivalent of basileus, a misnomer. Among the Athenians

we have the tribe-basileus, where the term is used by the Greeks

themselves as legitimately as when applied to the general military

commander of the four united tribes. When each is described as a king

it makes the solecism of four tribes each under a king separately,

and the four tribes together under another king. There is a larger

amount of fictitious royalty here than the occasion requires. Moreover,

when we know that the institutions of the Athenians at the time were

essentially democratical it becomes a caricature of Grecian society.

It shows the propriety of returning to simple and original language,

using the term basileus where the Greeks used it, and rejecting king

as a false equivalent. Monarchy is incompatible with gentilism, for

the reason that gentile institutions are essentially democratical.

Every gens, phratry and tribe was a completely organized self-governing

body; and where several tribes coalesced into a nation the resulting

government would be constituted in harmony with the principles

animating its constituent parts.

The fourth and ultimate stage of organization was the nation united

in a gentile society. Where several tribes, as those of the Athenians

and the Spartans, coalesced into one people, it enlarged the society,

but the aggregate was simply a more complex duplicate of a tribe. The

tribes took the same place in the nation which the phratries held in

the tribe, and the gentes in the phratry. There was no name for the

organism[257] which was simply a society (_societas_), but in its place

a name sprang up for the people or nation. In Homer’s description of

the forces gathered against Troy, specific names are given to these

nations, where such existed, as Athenians, Ætolians, Locrians; but in

other cases they are described by the name of the city or country from

which they came. The ultimate fact is thus reached, that the Greeks,

prior to the times of Lycurgus and Solon, had but the four stages of

social organization (gens, phratry, tribe and nation), which was so

nearly universal in ancient society, and which has been shown to exist,

in part, in the Status of savagery, and complete in the Lower, in the

Middle and in the Upper Status of barbarism, and still subsisting after

civilization had commenced. This organic series expresses the extent

of the growth of the idea of government among mankind down to the

institution of political society. Such was the Grecian social system.

It gave a society, made up of a series of aggregates of persons, with

whom the government dealt through their personal relations to a gens,

phratry or tribe. It was also a gentile society as distinguished from a

political society, from which it was fundamentally different and easily

distinguishable.

The Athenian nation of the heroic age presents in its government three

distinct, and in some sense co-ordinate, departments or powers, namely:

first, the council of chiefs (βουλή); second, the agora (ἀγορά), or

assembly of the people; and third, the basileus (βασιλεύς), or general

military commander. Although municipal and subordinate military offices

in large numbers had been created, from the increasing necessities

of their condition, the principal powers of the government were held

by the three instrumentalities named. I am unable to discuss in an

adequate manner the functions and powers of the council, the agora

or the basileus, but will content myself with a few suggestions upon

subjects grave enough to deserve reinvestigation at the hands of

professed Hellenists.

I. _The Council of Chiefs._ The office of basileus in the Grecian

tribes has attracted far more attention than either the council or

the agora. As a consequence it has been unduly magnified while the

council and the agora have either been depreciated or ignored. We

know, however, that the council of chiefs was a constant phenomenon

in every Grecian nation from the earliest period to which our

knowledge extends down to the institution of political society. Its

permanence as a feature of their social system is conclusive evidence

that its functions were substantial, and that its powers, at least

presumptively, were ultimate and supreme. This presumption arises

from what is known of the archaic character and functions of the

council of chiefs under gentile institutions, and from its vocation.

How it was constituted in the heroic age, and under what tenure the

office of chief was held, we are not clearly informed; but it is a

reasonable inference that the council was composed of the chiefs of

the gentes. Since the number who formed the council was usually less

than the number of gentes, a selection must have been made in some

way from the body of chiefs. In what manner the selection was made

we are not informed. The vocation of the council as a legislative

body representing the principal gentes, and its natural growth

under the gentile organization, rendered it supreme in the first

instance, and makes it probable that it remained so to the end of its

existence. The increasing importance of the office of basileus, and

the new offices created in their military and municipal affairs with

their increase in numbers and in wealth, would change somewhat the

relations of the council to public affairs, and perhaps diminish its

importance; but it could not be overthrown without a radical change

of institutions. It seems probable, therefore, that every office of

the government, from the highest to the lowest, remained accountable

to the council for their official acts. The council was fundamental

in their social system;[258] and the Greeks of the period were free

self-governing peoples, under institutions essentially democratical. A

single illustration of the existence of the council may be given from

Aeschylus, simply to show that in the Greek conception it was always

present and ready to act. In _The Seven against Thebes_, Eteocles is

represented in command of the city, and his brother Polynices as one of

the seven chiefs who had invested the place. The assault was repelled,

but the brothers fell in a personal combat at one of the gates. After

this occurrence a herald says: “It is necessary for me to announce the

decree and good pleasure of the councilors of the people of this city

of Cadmus. It is resolved,”[259] etc. A council which can make and

promulgate a decree at any moment, which the people are expected to

obey, possesses the supreme powers of government. Aeschylus, although

dealing in this case with events in the legendary period, recognizes

the council of chiefs as a necessary part of the system of government

of every Grecian people. The boulê of ancient Grecian society was the

prototype and pattern of the senate under the subsequent political

system of the state.

II. _The Agora._ Although an assembly of the people became established

in the legendary period, with a recognized power to adopt or reject

public measures submitted by the council, it is not as ancient as the

council. The latter came in at the institution of the gentes; but

it is doubtful whether the agora existed, with the functions named,

back of the Upper Status of barbarism. It has been shown that among

the Iroquois, in the Lower Status, the people presented their wishes

to the council of chiefs through orators of their own selection, and

that a popular influence was felt in the affairs of the confederacy;

but an assembly of the people, with the right to adopt or reject

public measures, would evince an amount of progress in intelligence

and knowledge beyond the Iroquois. When the agora first appears, as

represented in Homer, and in the Greek Tragedies, it had the same

characteristics which it afterwards maintained in the ecclesia of

the Athenians, and in the _comitia curiata_ of the Romans. It was

the prerogative of the council of chiefs to mature public measures,

and then submit them to the assembly of the people for acceptance or

rejection, and their decision was final. The functions of the agora

were limited to this single act. It could neither originate measures,

nor interfere in the administration of affairs; but nevertheless

it was a substantial power, eminently adapted to the protection of

their liberties. In the heroic age certainly, and far back in the

legendary period, the agora is a constant phenomenon among the Grecian

tribes, and, in connection with the council, is conclusive evidence

of the democratical constitution of gentile society throughout these

periods. A public sentiment, as we have reason to suppose, was created

among the people on all important questions, through the exercise of

their intelligence, which the council of chiefs found it desirable

as well as necessary to consult, both for the public good and for

the maintenance of their own authority. After hearing the submitted

question discussed, the assembly of the people, which was free to all

who desired to speak,[260] made their decision in ancient times usually

by a show of hands.[261] Through participation in public affairs, which

affected the interests of all, the people were constantly learning the

art of self-government, and a portion of them, as the Athenians, were

preparing themselves for the full democracy subsequently established

by the constitutions of Cleisthenes. The assembly of the people to

deliberate upon public questions, not unfrequently derided as a mob by

writers who were unable to understand or appreciate the principle of

democracy, was the germ of the ecclesia (ἐκκλησία) of the Athenians,

and of the lower house of modern legislative bodies.

III. _The Basileus._ This officer became a conspicuous character in

the Grecian society of the heroic age, and was equally prominent in

the legendary period. He has been placed by historians in the centre

of the system. The name of the office (βασιλεύς) was used by the best

Grecian writers to characterize the government, which was styled

a basileia (βασιλεία). Modern writers, almost without exception,

translate basileus by the term _king_, and basileia by the term

_kingdom_, without qualification, and as exact equivalents. I wish to

call attention to this office of basileus, as it existed in the Grecian

tribes, and to question the correctness of this interpretation. There

is no similarity whatever between the basileia of the ancient Athenians

and the modern kingdom or monarchy; certainly not enough to justify the

use of the same term to describe both. Our idea of a kingly government

is essentially of a type in which a king, surrounded by a privileged

and titled class in the ownership and possession of the lands, rules

according to his own will and pleasure by edicts and decrees; claiming

an hereditary right to rule, because he cannot allege the consent

of the governed. Such governments have been self-imposed through the

principle of hereditary right, to which the priesthood have sought to

superadd a divine right. The Tudor kings of England and the Bourbon

kings of France are illustrations. Constitutional monarchy is a modern

development, and essentially different from the basileia of the Greeks.

The basileia was neither an absolute nor a constitutional monarchy;

neither was it a tyranny or a despotism. The question then is, what was

it.

Mr. Grote claims that “the primitive Grecian government is essentially

monarchical, reposing on personal feeling and divine right;”[262] and

to confirm this view he remarks further, that “the memorable dictum

in the Iliad is borne out by all that we hear in actual practice:

‘the rule of many is not a good thing; let us have one ruler only—one

king—him to whom Zeus has given the sceptre, with the tutelary

sanctions.’”[263] This opinion is not peculiar to Mr. Grote, whose

eminence as a historian all delight to recognize; but it has been

steadily and generally affirmed by historical writers on Grecian

themes, until it has come to be accepted as historical truth. Our

views upon Grecian and Roman questions have been moulded by writers

accustomed to monarchical government and privileged classes, who were

perhaps glad to appeal to the earliest known governments of the Grecian

tribes for a sanction of this form of government, as at once natural,

essential and primitive.

The true statement, as it seems to an American, is precisely the

reverse of Mr. Grote’s; namely, that the primitive Grecian government

was essentially democratical, reposing on gentes, phratries and

tribes, organized as self-governing bodies, and on the principles of

liberty, equality and fraternity. This is borne out by all we know of

the gentile organization, which has been shown to rest on principles

essentially democratical. The question then is, whether the office of

basileus passed in reality from father to son by hereditary right;

which, if true, would tend to show a subversion of these principles.

We have seen that in the Lower Status of barbarism the office of

chief was hereditary in a gens, by which is meant that the vacancy

was filled from the members of the gens as often as it occurred.

Where descent was in the female line, as among the Iroquois, an own

brother was usually selected to succeed the deceased chief, and where

descent was in the male line, as among the Ojibwas and Omahas, the

oldest son. In the absence of objections to the person such became the

rule; but the elective principle remained, which was the essence of

self-government. It cannot be claimed, on satisfactory proof, that

the oldest son of the basileus took the office, upon the demise of his

father, by absolute hereditary right. This is the essential fact; and

it requires conclusive proof for its establishment. The fact that the

oldest, or one of the sons, usually succeeded, which is admitted, does

not establish the fact in question; because by usage he was in the

probable line of succession by a free election from a constituency. The

presumption, on the face of Grecian institutions, is against succession

to the office of basileus by hereditary right; and in favor either of a

free election, or of a confirmation of the office by the people through

their recognized organizations, as in the case of the Roman rex.[264]

With the office of basileus transmitted in the manner last named, the

government would remain in the hands of the people. Because without an

election or confirmation he could not assume the office; and because

further, the power to elect or confirm implies the reserved right to

depose.

The illustration of Mr. Grote, drawn from the Iliad, is without

significance on the question made. Ulysses, from whose address the

quotation is taken, was speaking of the command of an army before

a besieged city. He might well say: “All the Greeks cannot by any

means rule here. The rule of many is not a good thing. Let us have

one koiranos, one basileus, to whom Zeus has given the sceptre, and

the divine sanctions in order that he may command us.”[265] Koiranos

and basileus are used as equivalents, because both alike signified

a general military commander. There was no occasion for Ulysses to

discuss or endorse any plan of government; but he had sufficient

reasons for advocating obedience to a single commander of the army

before a besieged city.

Basileia may be defined as a military democracy, the people being free,

and the spirit of the government, which is the essential thing, being

democratical. The basileus was their general, holding the highest, the

most influential and the most important office known to their social

system. For the want of a better term to describe the government,

basileia was adopted by Grecian writers, because it carried the idea

of a generalship which had then become a conspicuous feature in the

government. With the council and the agora both existing with the

basileus, if a more special definition of this form of government is

required, military democracy expresses it with at least reasonable

correctness; while the use of the term kingdom, with the meaning it

necessarily conveys, would be a misnomer.

In the heroic age the Grecian tribes were living in walled cities,

and were becoming numerous and wealthy through field agriculture,

manufacturing industries, and flocks and herds. New offices were

required, as well as some degree of separation of their functions;

and a new municipal system was growing up apace with their increasing

intelligence and necessities. It was also a period of incessant

military strife for the possession of the most desirable areas. Along

with the increase of property the aristocratic element in society

undoubtedly increased, and was the chief cause of those disturbances

which prevailed in Athenian society from the time of Theseus to the

times of Solon and Cleisthenes. During this period, and until the final

abolition of the office some time before the first Olympiad, (776 B.

C.) the basileus, from the character of his office and from the state

of the times, became more prominent and more powerful than any single

person in their previous experience. The functions of a priest and of a

judge were attached to or inherent in his office; and he seems to have

been _ex officio_ a member of the council of chiefs. It was a great as

well as a necessary office, with the powers of a general over the army

in the field, and over the garrison in the city, which gave him the

means of acquiring influence in civil affairs as well. But it does not

appear that he possessed civil functions. Prof. Mason remarks, that

“our information respecting the Grecian kings in the more historical

age is not ample or minute enough to enable us to draw out a detailed

scheme of their functions.”[266] The military and priestly functions of

the basileus are tolerably well understood, the judicial imperfectly,

and the civil functions cannot properly be said to have existed. The

powers of such an office under gentile institutions would gradually

become defined by the usage of experience, but with a constant tendency

in the basileus to assume new ones dangerous to society. Since the

council of chiefs remained as a constituent element of the government,

it may be said to have represented the democratic principles of their

social system, as well as the gentes, while the basileus soon came to

represent the aristocratic principle. It is probable that a perpetual

struggle was maintained between the council and the basileus, to hold

the latter within the limits of powers the people were willing to

concede to the office. Moreover, the abolition of the office by the

Athenians makes it probable that they found the office unmanageable,

and incompatible with gentile institutions, from the tendency to usurp

additional powers.

Among the Spartan tribes the ephoralty was instituted at a very early

period to limit the powers of the basileis in consequence of a similar

experience. Although the functions of the council in the Homeric

and the legendary periods are not accurately known, its constant

presence is evidence sufficient that its powers were real, essential

and permanent. With the simultaneous existence of the agora, and in

the absence of proof of a change of institutions, we are led to the

conclusion that the council, under established usages, was supreme

over gentes, phratries, tribes and nation, and that the basileus

was amenable to this council for his official acts. The freedom of

the gentes, of whom the members of the council were representatives,

presupposes the independence of the council, as well as its supremacy.

Thucydides refers incidentally to the governments of the traditionary

period, as follows: “Now when the Greeks were becoming more powerful,

and acquiring possession of property still more than before, many

tyrannies were established in the cities, from their revenues

becoming greater; whereas before there had been hereditary basileia

with specified powers.” (πρότερον δὲ ἦσαν ἐπὶ ῥητοῖς γέρασι πατρικαὶ

βασιλεῖαι)[267] The office was hereditary in the sense of perpetual

because it was filled as often as a vacancy occurred, but probably

hereditary in a gens, the choice being by a free election by his

gennêtes, or by nomination possibly by the council, and confirmation of

the gentes, as in the case of the rex of the Romans.

Aristotle has given the most satisfactory definition of the basileia

and of the basileus of the heroic period of any of the Grecian writers.

These then are the four kinds of basileia he remarks: the first is

that of the heroic times, which was a government over a free people,

with restricted rights in some particulars; for the basileus was their

general, their judge and their chief priest. The second, that of the

barbarians, which is an hereditary despotic government, regulated

by laws; the third is that which they call Aesymnetic, which is an

elective tyranny. The fourth is the Lacedaemonian, which is nothing

more than an hereditary generalship.[268] Whatever may be said of the

last three forms, the first does not answer to the idea of a kingdom

of the absolute type, nor to any recognizable form of monarchy.

Aristotle enumerates with striking clearness the principal functions

of the basileus, neither of which imply civil powers, and all of which

are consistent with an office for life, held by an elective tenure.

They are also consistent with his entire subordination to the council

of chiefs. The “restricted rights,” and the “specified powers” in

the definitions of these authors, tend to show that the government

had grown into this form in harmony with, as well as under, gentile

institutions. The essential element in the definition of Aristotle is

the freedom of the people, which in ancient society implies that the

people held the powers of the government under their control, that

the office of basileus was voluntarily bestowed, and that it could be

recalled for sufficient cause. Such a government as that described

by Aristotle can be understood as a military democracy, which, as a

form of government under free institutions, grew naturally out of the

gentile organization when the military spirit was dominant, when wealth

and numbers appeared, with habitual life in fortified cities, and

before experience had prepared the way for a pure democracy.

Under gentile institutions, with a people composed of gentes, phratries

and tribes, each organized as independent self-governing bodies, the

people would necessarily be free. The rule of a king by hereditary

right and without direct accountability in such a society was simply

impossible. The impossibility arises from the fact that gentile

institutions are incompatible with a king or with a kingly government.

It would require, what I think cannot be furnished, positive proof of

absolute hereditary right in the office of basileus, with the presence

of civil functions, to overcome the presumption which arises from the

structure and principles of ancient Grecian society. An Englishman,

under his constitutional monarchy, is as free as an American under the

republic, and his rights and liberties are as well protected; but he

owes that freedom and protection to a body of written laws, created

by legislation and enforced by courts of justice. In ancient Grecian

society, usages and customs supplied the place of written laws, and the

person depended for his freedom and protection upon the institutions of

his social system. His safeguard was pre-eminently in such institutions

as the elective tenure of office implies.

The reges of the Romans were, in like manner, military commanders, with

priestly functions attached to their office; and this so-called kingly

government falls into the same category of a military democracy. The

rex, as before stated, was nominated by the senate, and confirmed by

the _comitia curiata_; and the last of the number was deposed. With his

deposition the office was abolished, as incompatible with what remained

of the democratic principle, after the institution of Roman political

society.

The nearest analogues of kingdoms among the Grecian tribes were the

tyrannies, which sprang up here and there, in the early period, in

different parts of Greece. They were governments imposed by force,

and the power claimed was no greater than that of the feudal kings of

mediæval times. A transmission of the office from father to son through

a few generations in order to superadd hereditary right was needed

to complete the analogy. But such governments were so inconsistent

with Grecian ideas, and so alien to their democratic institutions,

that none of them obtained a permanent footing in Greece. Mr. Grote

remarks that “if any energetic man could by audacity or craft break

down the constitution and render himself permanent ruler according to

his own will and pleasure—even though he might rule well—he could never

inspire the people with any sentiment of duty towards him. His sceptre

was illegitimate from the beginning, and even the taking of his life,

far from being interdicted by that moral feeling which condemned the

shedder of blood in other cases, was considered meritorious.”[269] It

was not so much the illegitimate sceptre which aroused the hostility of

the Greeks, as the antagonism of democratical with monarchical ideas,

the former of which were inherited from the gentes.

When the Athenians established the new political system, founded upon

territory and upon property, the government was a pure democracy. It

was no new theory, or special invention of the Athenian mind, but

an old and familiar system, with an antiquity as great as that of

the gentes themselves. Democratic ideas had existed in the knowledge

and practice of their forefathers from time immemorial, and now

found expression in a more elaborate, and, in many respects, in an

improved government. The false element, that of aristocracy, which

had penetrated the system and created much of the strife in the

transitional period connected itself with the office of basileus,

and remained after this office was abolished; but the new system

accomplished its overthrow. More successfully than the remaining

Grecian tribes, the Athenians were able to carry forward their ideas of

government to their logical results. It is one reason why they became,

for their numbers, the most distinguished, the most intellectual and

the most accomplished race of men the entire human family has yet

produced. In purely intellectual achievements they are still the

astonishment of mankind. It was because the ideas which had been

germinating through the previous ethnical period, and which had become

interwoven with every fibre of their brains, had found a happy fruition

in a democratically constituted state. Under its life-giving impulses

their highest mental development occurred.

The plan of government instituted by Cleisthenes rejected the office of

a chief executive magistrate, while it retained the council of chiefs

in an elective senate, and the agora in the popular assembly. It is

evident that the council, the agora and the basileus of the gentes were

the germs of the senate, the popular assembly, and the chief executive

magistrate (king, emperor and president) of modern political society.

The latter office sprang from the military necessities of organized

society, and its development with the upward progress of mankind is

instructive. It can be traced from the common war-chief, first to the

Great War Soldier, as in the Iroquois Confederacy; secondly, to the

same military commander in a confederacy of tribes more advanced,

with the functions of a priest attached to the office, as the Teuctli

of the Aztec Confederacy; thirdly, to the same military commander in

a nation formed by a coalescence of tribes, with the functions of a

priest and of a judge attached to the office, as in the basileus of

the Greeks; and finally, to the chief magistrate in modern political

society. The elective archon of the Athenians, who succeeded the

basileus, and the president of modern republics, from the elective

tenure of the office, were the natural outcome of gentilism. We are

indebted to the experience of barbarians for instituting and developing

the three principal instrumentalities of government now so generally

incorporated in the plan of government in civilized states. The human

mind, specifically the same in all individuals in all the tribes and

nations of mankind, and limited in the range of its powers, works and

must work, in the same uniform channels, and within narrow limits of

variation. Its results in disconnected regions of space, and in widely

separated ages of time, articulate in a logically connected chain of

common experiences. In the grand aggregate may still be recognized the

few primary germs of thought, working upon primary human necessities,

which, through the natural process of development, have produced such

vast results.

Ancient society · 第 9 / 19 章