ANCIENT SOCIETY

OR

Researches in the Lines of Human Progress from

Savagery through Barbarism to
Civilization

BT

LEWIS H. MORGAN, LL. D.

Member of the National Awnlcnty of tftir -era, Author of "The

of the troquots", "The American Heaver and his Work*",
"Systems of Consanguinity on* Affinity of the

DR. B.R AMBEDKAR OPEN UNIVERSITY

UNIVERSITY -
LIBRARY

N18691

CHICAGO
CHARLES H. KERR ft COMPANY
 Cum prorepserunt primis anlmalia terrls,
Mutum et turpe pecus, glandem atque cubilla propter
Unguibus et pugnls, deln fustibus, atque ita porro
Pugnabant arm is, quee post fabricaverat usus:
Donee verba, quibus voces sensusque notarent,
Nominaque invenere: dehinc absistere bello,
Oppida coeperunt munire, et ponere leges,
Ne quis fur esset, neu latro, neu quis adulter.

(As soon as animals crept forth on the first lands, a speech-

less and degraded crowd, they battled for the acorn and for
their lairs with claws and flats, then with clubs and at length
with arms, which afterwards practice had made; until they
learned to use words by which to indicate vocal sounds and
thoughts and to use names. After that they began to refrain
from war. and fortify walled towns, and to lay down laws that
no one should be a thief, nor a robber nor an adulterer.)
Horace, Sat., I, iii. 99.

"Modern science claims to be proving, by the most careful and

exhaustive study of man and his works, that our race began
its existence on earth at the bottom of the scale, instead of at
the top, and has been gradually working upward; that human
powers have had a history of development; that all the ele-
ments of culture as the arts of life, art, science, language, re-
ligion, philosophy have been wrought out by slow and. painful
efforts, In the conflict between the soul and the mind of man
on the one hand, and external n ,ture on the other.*' Whitney's
"Oriental and Linguistic Studies," p. 341.

"These communities reflect the spiritual conduct of our an-

cestors thousands of times removed. We have passed through
the same stages of development, physical and moral, and are
what we are to-day because they lived, toiled, and endeavored.
Our wondrous civilization is the result of the silent efforts of
millions of unknown men, as the chalk cliffs of England are
formed of the contributions of myriads of foraminlfera." Dr. J.
Kalnes, "Anthropologla," vol. 1, No. 2, p. 233.
 PREFACE
THE great antiquity of mankind upon the earth has
been conclusively established. It seems singular that the
proofs should have been discovered as recently as within
the last thirty years, and that the present generation
should be the first called upon to recognize so important
a fact.
Mankind are now known to have existed in Europe
in the glacial period, and even back of its commence-
ment, with every probability of their origination in a
prior geological age. They have survived many races
of animals with whom they were contemporaneous, and
passed through a process of development, in the several
branches of the human family, as remarkable in its
courses as in its progress.
Since the probable length of their career is connected
with geological periods, a limited measure of time is ex-
cluded. One hundred or two hundred thousand years
would be an unextravagant estimate of the period from
the disappearance of the glaciers in the northern hemi-
sphere to the present time. Whatever doubts may attend
any estimate of a period, the actual duration of which
is unknown, the existence of mankind extends backward

immeasurably, and loses itself in a vast and profound

antiquity.
This knowledge changes materially the views which
have prevailed respecting the relations of savages to bar-
barians, and of barbarians to civilized men. It can now
be asserted up6n convincing evidence that savagery pre-
ceded barbarism in all the, tribes of mankind, as barbar-
 io

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CO

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^

7T?J5>
eo

S^g'Cb e5|oooo-5$o&K5

few.,
 till PREFACE

, tury, and are but feebly prosecuted among us at the pres*

ent time, the workmen have been unequal to the work,
Moreover, while fossil remains buried in the earth will
keep for the future student, the remains of Indian arts,
languages and institutions will not. They are perishing
daily, and have been perishing for upwards of three cen-
turies. The ethnic life of the Indian tribes is declining
under the influence of American civilization, their arts
and languages are disappearing, and their institutions
are dissolving. After a few more years, facts that may
now be gathered with ease will become impossible of dis-
covery. These circumstances appeal strongly to Amer-
icans to enter this great field and gather its abundant
harvest.

ROCHESTER, NEW YORK, MARCH, 1877.

 TABLE OF CONTENTS

PART I

GROWTH OF INTELLIGENCE THROUGH INVENTION*

AND DISCOVERIES

CHAPTER I.

Ethnical Periods.

Progress of Mankind from the Bottom of the Scale. Illustrated

by Inventions, Discoveries and Institutions. Two Plans of
Government one Gentile and Social, giving a Society (So-
cletas); the other Political, giving a State (Civltas).- The
former founded upon Persons and Gentilism; the Latter upon
Territory and Property. The First, tne Plan of Government
of Ancient Society. The Second, that of Modern or Civilized
Society. Uniformity of Human Experience. Proposed Eth-
nical Periods I. Lower Status of Savagery; II. Middle Status
of Savagery; III. Upper Status of Savagery; FV. Lower Status
of Barbarism; V. Middle Status of Barbarism; VI. Upper
Status of Barbarism; VII. Status of Civilization 3

CHAPTER II.

Arts of Subsistence.

Supremacy of Mankind over the Earth. Control over Subsist-

ence the Condition. Mankind alone gained that Control.
Successive Arts of Subsistence I. Natural Subsistence; II.
Fish Subsistence; III. Farinaceous Subsistence; IV. Meat and
Milk Subsistence; V. Unlimited Subsistence through Field
Agriculture. Long Intervals of Time between them 10
x CONTENTS

CHAPTER III.

Ratio of Human Progress.

Retrospect on the Lines of Human Progress. Principal Contri-

butions of Modern Civilization. Of Ancient Civilization. Of
Later Period of Barbarism. Of Middle Period. Of Older
Period. Of Period of Savagery. Humble Condition of Primi-
tive Man. Human Progress in a Geometrical Ratio. Rela-
tive Length of Ethnical Periods. Appearance of Semitic and
Aryan Families 29

PART II

GROWTH OF THE IDEA OF GOVERNMENT

CHAPTER I.

Organization of Society upon the Basis of Sex.

Australian Classes. Organized upon Sex. Archaic Character ot

the Organization. Australian Qentes. The Eight Classes.
Rule of Marriage. Descent in the Female Line. Stupendous
Conjugal System. Two Male and Two Female Classes in
each Gens. Innovations upon the Classes. Gens still Rudi-
mentary 47

CHAPTER II.

The Iroquols Gens.

The Gentile Organization. Its Wida Prevalence. Definition of
a Gens. Descent inthe Female Line the Archaic Rule.
Rights, Privileges and Obligations of Members of a Gens.
Right of Electing and Deposing its Sachem and Chiefs.
Obligation not to marry in the Gens. Mutual Rights of In*
heritance of the Property of deceased Members. Reciprocal
Obligations of Help, Defense and Redress of Injuries. Right
of Naming its Members. Right of Adopting Stranger* into
the Gens. Common Religious Rites, Query. A Common
Burial Place. Council of the Gens. Gente* named after Ani-
mals. Number ot Persons in a Gen* fl
 CONTENTS Sf

HAPTER HI.

Irpquois Phratry.

Definition of a Phratry. Kindred Gentea Reunited in a Higher

Organisation- Phratry of the Iroquois Tribea. Its Composi-
tion. Its Use* and Functions. Social and Religious, Illus-
trations. The Analogue of the Grecian Phratry; but in its
Archaic Form. Phratries of the Choctas. Of the Chtckasas.
Of the Mohegans. Of the Thlinkeets. Their Probable Uni-
versality in the Tribes of the American Aborigine* 88

CHAPTER IV.

The Iroquois Tribe.

The Tribe as an Organization. Composed of Gentes Speaking

the same Dialect. Separation in Area led to Divergence of
Speech, and Segmentation. The Tribe a Natural Growth.
Illustrations. Attributes of a Tribe. A Territory and Name.
An Exclusive Dialect. The Right to Invest and Depose its
Sachems and Chiefs. A Religious Faith and Worship. A
Council of Chiefs. A Head-Chief of Tribe in some Instances.
Three successive Forms of Gentile Government; First, a
Government of One Power; Second, of Two Powers; Third, of
Three Powers 103

CHAPTER V.

The Iroquois Confederacy.

Confederacies Natural Growths. Founded upon Common Gen-
tes. and a Common Language. The Iroquois Tribes. Their
Settlement In New York. Formation of the Confederacy.
Its Structure and Principles. Fifty Sachem ships Created.
Made Hereditary in certain Gentes. Number assigned to
each Tribe. Tneso Sachems formed the Council of the Con-
federacy. The Civil Council. Its Mode of Transacting Busi-
ness. Unanimity Necessary to its Action. The Mournlnp
Council. Mode of Raising up Sachems. General Military
Commander*. This Office the Germ of that of a Chief Exec-
utive Magistrate. Intellectual Capacity of the Iroquois. 124

CHAPTER VI.

Gentes in Other Tribes of the Ganowanian Family.

Divisions of American Aborigines. Gentes in Indian Tribes;
with their Rules of Descent and Inheritance. I. Hodeno-
saunian Tribes. II. Dakotlan.-in. Oulf. IV. Pawnee.-V.
AlffpnKin. VI. At hapasco- Apache. VII. Tribes of Northwest
Coa**. Eskimos, a Distinct Family. VTIT. Palish, Sahara In.
and KocrtenayTribes.-rx. Shoshonee.-X. Village Indians of
New Iffexlco, Mexico and Central America. XI. South Ameri-
can Indian Tribe*. Probable Universality of tie Organiza-
tion In Gentes in the Ganowanian Family .:.... 155
 XH CONTENTS

CHAPTER VII.

The Aztec Confederacy.

Misconception of Aztec Society. Condition of Advancement.
Nahuatlac Tribes. Their Settlement in Mexico. Puebla of
Mexico founded, A.D. 1326. Aztec Confederacy established.
A.D. 1426. Extent of Territorial Domination. Probable
Number of the People. Whether or not the Aztecs were
organized in Oentes and Phratries. The Council of Chiefs
Its probable Functions. Office held by Montezuma. Elective
in Tenure. Deposition of Montezuma. ProbabU Functions
of the Office. Aztec Institutions essentially Democratical.
The Government a Military Democracy *,,,,,. 191

CHAPTER VIII.

The Grecian Gens.

Early Condition of Grecian Tribes. Organized into Gentes.
Changes in the Character of the Gens. Necessity for a Po-
litical System. Problem to be Solved. The Formation of a
State. Grote's Description of the Grecian Gentes. Of their
Phratries and Tribes. Rights, Privileges and Obligations of
the Members of the Gens. Similar to those of the Iroquols
Gens. The Office of Chief of the Gens. Whether Elective or
Hereditary. The Gens the Basis of the Social System. An-
tiquity of the Gentile Lineage. Inheritance of Property.
Archaic and Final Rule. Relationships between the Mem-
bers of a Gens. The Gens the Center of Social and Relig-
ious Influence 221

CHAPTER IX.

The Grecian Phratry, Tribe and Nation.

The Athenian Phratry. How Formed. Definition of Dlkcar-
chus.Objects chiefly Religious. The Phratrlarch. The Tribe.
Composed of Three Phratries. The Phylo-Basileus. The
Nation. Composed of Four Tribes. BoulC, 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, Mil-
itary Democracies. Aristotle's Definition of a Basileus. La-
ter Athenian Democracy. Inherited from the Gentes. Its
Powerful Influence upon Athenian Development 242

CHAPTER X.

The Institution of Grecian Political Society.

Failure of the Gentes at a Basis of Government. Legislation

of Theseus. Attempted Substitution of Classes. Its Failure.
Abolition of the Office of Bastleus. The Archonshlp. Nau-
craries and Trittyes. Legislation of Solon. The Property
Classes. Partial Transfer of Civil Power from the Gentes to
 CONTENTS xHl

the Classes. Persons unattached to any Gens. Made Citizens.

The Senate. The Ecclesia. Political Society partially at-
tained. Legislation of Cleisthenes. Institution of Political
Society. The Attic Deme or Township. Its Organization and
Powers. Its Local Self-government. The Local Tribe or
District. The Attic Commonwealth. Athenian Democ-
racy 263

CHAPTER XI.

The Roman Gens.

Italian Tribes Organized in Gentes. Founding of Rome. Tribe*
1

Organized into a Military Democracy. The Roman Gens.

Definition of a Gentilis by Cicero. By Festus. By Varro.
Descent in Male Line. Marrying out of the Gens. Rights,
Privileges and Obligations of the Members of a Gens. Dem-
ocratic Constitution of Ancient Latin Society. Number of
Persons in a Gens ................ 285

CHAPTER XII.

The Roman Curia, Tribe and Populus.

Roman Gentile Society. Four Stages of Organization. 1. The

Gens; 2. The Curia, consisting of Ten Gentes; 3. The Tribe,
composed of Ten Curisr; 4. The Populus Romanus, composed
of Three Tribes. Numerical Proportions. How Produced.
Concentration of Gentes at Rome. The Roman Senate. Its
Functions. The Assembly of the People. Its Powers. The
People Sovereign. Office of Military Commander (Rex). Its
Powers and Functions. Roman Gentile Institutions essen-
tially Democratical 309

CHAPTER XIII.

The Institution of Roman Political Society.

The Populus. The Plebeians. The Clients. The Patricians.

Limits of the Order. Legislation of Servius Tulliue. Insti-
tution of Property Classes. Of the Centuries. Unequal Suf-
frage. Comitia Centuriata. Supersedes Comitia Curiata
Classes supersede the Gentes. The Census. Plebeians made
Citizens. Institution of City Wards. Ot Country Townships.
Tribes increased to Four. Made Local instead of Consan-
guine. Character of New Political System. Decline and Dis-
appearance of Gentile Organization. The Work ft Accom-
plished 352

CHAPTER XIV.

\ Change of Descent from the Female to the Male Line.

How the Change might have been made. Inheritance of prop-

erty the Motive. Descent in the Female Line among the
Lycjanp. The Cretans,- The Etruscans. Probably among the
 CONTENTS
X

Albanian* In the time of C*cros.-The Hundred Famtlie* of

the Locriana. Evidence from Marx-lag**. Turanian System
of Consanguinity among Grecian Tribes. Legend of the
Danaidft 353

CHAPTER XV.

entes in Other Tribes of the Human Family.

The Scottish Clan. The Irish Sept. Germanic Tribes. Traces

of a prior Gentile System. Gentes in Southern Asiatic
Tribes. In Northern. In Uralian Tribes. Hundred Families
of Chmese. Hebrew Tribes. Composed of Gentes and Phra-
tries Apparently. Gentes in African Tribes. In Australian
Tribes. Subdivisions of Fejees and Re was. Wide Distribu-
tion of Gentile Organization 368

PART III

GROWTH OF THE IDEA OF THE FAMILY

CHAPTER I.

The Ancient Family.

Five successive Forms of the Family. First, the Consanguine
Family. It created the Malayan System of Consanguinity
and Affinity. Second, the Punaluan. It created the Turanian
and Ganowanian System. Third, the Monogamian. It cre-
ated the Aryan, Semitic, and Uralian system. The Syndyas-
mian and Patriarchal Families Intermediate. Both failed to
create a System of Consanguinity. These Systems Natural
Growth*. Two Ultimate Forms. One Classiflcatory, the
other Descriptive. General Principles of these Systems.
Their Persistent Maintenance , ,,,,. 393

CHAPTER II.

The Consanguine Family.

Former Existence of this Family. Proved by Malayan System
of Consanguinity. Hawaiian System used as Typical. Five
Grades of Relations. Details of System. Explained in its
origin by the Intermarriage of Brothers and Sisters in a
Gfbup. Early State of Society in the Sandwich Islands.-
Nine Grades of Relations of the Chinese. Identical in Frln-
thj Hawattan.-Fiv Grade* of Relation* in ideal
etolft wit*
Republic of Plato.-Tabl* of Malayan System of Consanguin-
ity ana Affinity ,, M 419
 CONTENTS xv

CHAPTER ZEL

The Punaluan Family.

The Punaluan Family supervened upon the Consanguine. Tran-

sition, how Produced. Hawaiian Custom of Punalua. Its
probable ancient Prevalence over wide Areas. The Gentes
originated probably in Punaluan Groups. The Turanian Sys-
tem of Consanguinity. Created by the Punaluan Family.
It proves the Existence of this Family when the System
was formed. Details of System. Explanation of its Rela-
tionships in their Origin. Table of Turanian and Ganowan-
ian Systems of Consanguinity and Affinity 433

CHAPTER IV.

The Syndyasmian and the Patriarchal Families.

The Syndyasmian Family. How Constituted. Its Characteris-

tics. Influence uponit of the Gentile Organization. Propens-
ity to Pair a late Development. Ancient Society should be
Studied where the highest Exemplifications are found. The
Patriarchal Family. Paternal Power its Essential Charac-
teristic. Polygamy subordinate. The Roman Family sim-
ilar. Paternal Power unknown in previous Families. .. 462

CHAPTER V.

The Monogamian Family.

This Family comparatively Modern, The Term Fam ilia. Fam-

ily of Ancient Germans. Of Homeric Greeks. Of Civilized
Greeks. Seclusion of Wives. Obligations of Monogamy not
respected by the Males. The Roman Family. Wives un-
der Power. Aryan System of Consanguinity. It came in un-
der Monogamy. Previous System probably Turanian. Tran-
sition from Turanian into Aryan. Roman and Arabic Sys-
tems of Consanguinity. Details of the Former. Present Mo-
nogamlan Family. Table of Roman and Arabic Systems f 76

CHAPTER VL
Sequence of Institutions Connected with the Family.

iunce in part Hypothetical. Relation of these Institutions

in the Order of their Origination. Evidence of their Origi-
nation in the Order named. Hypothesis of Degradation Con-
sidered.-The Antiquity of Mankind 505
 CONTENTS

PART IV
GROWTH OF THE IDEA OF PROPERTY

CHAPTER I.

The Three Rules of Inheritance.

Property Slow Rate of Progress.
in the Status of Savagery.
First Rule of Inheritance. Property Distributed among the
Gentiles. Property in the Lower Status of Barbarism. -Germ
of Second Rule of Inheritance. Distributed among Agnatlc
Kindred. Improved Character of Man. Property In Middle
Status. Rule of Inheritance imperfectly Known. Agnatic
Inheritance Probable 535

CHAPTER II.

The Three Rules of Inheritance Continued.

Property inthe Upper Status of Barbarism. Slavery. Tenure

of Lands in Grecian Tribes. Culture of the Period. Its Bril-
liancy. Third Rule of Inheritance. Exclusively in Children.
Hebrew Tribes. Rule of Inheritance. Daughters of Ze-
lophehad. Property remained in the Phratry, and probably
in the Gens. The Reversion. Athenian Inheritance. Exclu-
sively lit Children. The Reversion. Inheritance remained in
*
the Gens. Heiresses. Wills. Roman Inheritance. The Re-
version. Property remained in the Gens. Appearance of
Aristocracy. Property Career of the Human Race. Unity of
Origin of Mankind i4*
 PART I

&ROWTH OF INTELLIGENCE THROUGH INVENTIONS

AND DISCOVERIES
 ANCIENT SOCIETY
CHAPTER I

ETHNICAL PERIODS

The latest investigations respecting the early condition

of the human race are tending to the conclusion that
mankind commenced their career at the bottom of the
scale and worked their way up from savagery to civili-
zation through the slow accumulations of experimental
knowledge.
As it is undeniable that portions of the human family
have existed in a state of savagery, other portions in a
state of barbarism, and still other portions in a state of
civilization, it seems equally so that these three distinct
conditions are connected with each other in a natural as
well as necessary sequence of progress. Moreover, that
this sequence has been historically true of the entire
human family, up to the status attained by each branch
respectively, is rendered probable by the conditions un-
der which all progress occurs, and by the known ad-
vancement of several branches of the family through
two or more of these conditions.
An attempt will be made in the following pages to
bring forward additional evidence of the rudeness of the
early condition of mankind, of the gradual evolution of
their mental and moral powers through experience, and
of their protracted struggle with opposing obstacles while
It will be drawn, in
winning their way to civilization.
4 ANCIENT SOCIETY

part, from the great sequence of inventions and dis-

coveries which stretches along the entire pathway of
human progress; but chiefly from domestic institutions,
which express the growth of certain ideas and passions.
As we re-ascend along the several lines of progress
toward the primitive ages of mankind, and eliminate one
after the other, in the order in which they appeared, in-
ventions and discoveries on the one hand, and institu-
tions on the other, we are enabled to perceive that the
former stand to each other in progressive, and the latter
in unfolding relations. While the former class have
had a connection, more or less direct, the latter have
been developed from a few primary germs of thought.
Modern institutions plant their roots in the period of
barbarism, into which their germs were transmitted from
the previous period of savagery. They have had a lineal
descent through the ages, with the streams of the blood,
as well as a logical development.
Two independent lines of investigations thus invite
our attention. The one leads through inventions and
discoveries, and the other through primary institutions.
With the knowledge gained therefrom, we may hope to
indicate the principal stages of human development. The
proofs to be adduced will be drawn chiefly from do-
mestic institutions; the references to achievements more
strictly intellectual being general as well as subordinate.
Thefacts indicate the gradual formation and subse-
quent development of certain ideas, passions, and aspira-
tions. Those which hold the most prominent positions
may be generalized as growths of the particular ideas
with which they severally stand connected. Apart from
inventions and discoveries they are the following:
I. Subsistence, V. Religion,
II. Government, VI. House Life and Archi-
III. Language, lecture,
IV. The Family, VII. Property.
First. Subsistence has been increased and perfected
by a series of successive arts, introduced at long intervals
of time, and connected more or less directly with inven-
tions and discoveries.
 ETHNICAL PERIODS Q

Second. The germ of government must be sought in

the organization into gentes in the Status of savagery;
and followed down, through the advancing forms of this
institution, to the establishment of political society.
Third. Human speech seems to have been developed
from the rudest and simplest forms of expression. Ges-
ture or sign language, as intimated by Lucretius, must
have preceded articulate language, as thought preceded
speech. The monosyllabical preceded the syllabical, as
the latter did that of concrete words. Human intelli-
gence, unconscious of design, evolved articulate language
by utilizing the vocal sounds. This great subject, a de-
partment of knowledge by itself, does not fall within the
scope of the present investigation.
Fourth. With respect to the family, the stages of its
growth are embodied in systems of consanguinity and
affinity, and in usages relating to marriage, by means of
which, collectively, the family can be definitely traced
through several successive forms.
Fifth. The growth of religious ideas is environed
with such intrinsic difficulties that it may never receive
a perfectly satisfactory exposition. Religion deals so
largely with the imaginative and emotional nature, and
consequently with such uncertain elements of knowl-
edge, that all primitive religions a*e grotesque and to
some extent unintelligible. This subject also falls with-
out the plan of this work excepting as it may prompt
incidental suggestions.
Sixth. House architecture, which connects itself with
the form of the family and the plan of domestic life,
affords a tolerably complete illustration of progress from
savagery to civilization. Its growth can be traced from
the hut of the savage, through the communal houses of
the barbarians, to the house of the single family of civil-
ized nations, with all the successive links by which
one extreme is connected with the other. This subject
willbe noticed incidentally.
Lastly. The idea of property was slowly formed in
the human mind, remaining nascent and feeble through
immense periods of time. Springing into life in sav-
6 ANCIENT SOCIETY

agery, it required all the experience of this period and

of the subsequent period of barbarism to develop the
germ, and to prepare the human brain for the accept-
ance of its controlling influence. Its dominance as a

passion over all other passions marks the commencement

of civilization. It not only led mankind to overcome
the obstacles which delayed civilization, but to establish
political society on the basis of territory and of property.
A critical knowledge of the evolution of the idea of prop-
erty would embody, in some respects, the most remark-
able portion of the mental history of mankind.
It wifl -be my object to present some evidence of human
progress along these several lines, and through succes-
sive ethnical periods, as it is revealed by inventions and
discoveries, and 'by the growth of the ideas of govern-
ment, of the family, and of property.
It may be here premised that all forms of government
are reducible to two general plans, using the word plan
in its scientific sense. In their bases the two are funda-
mentally distinct. The first, in the order of time, is
founded upon persons, and upon relations purely per-
sonal, and may be distinguished as a society (societas).
The gens is the unit of this organization giving as the
;

successive stages of integration, in the archaic period,

the gens, the phratry, the tribe, and the confederacy of
tribes, which constituted a people or nation (populus).
At a later period a coalescence of tribes in the same area
into a nation took the place of a confederacy of tribes
occupying independent areas. Such, through prolonged
ages, after the gens appeared, was the substantially uni-
versal organization of ancient society; and it remained
among the Greeks and Romans after civilization super-
vened. The second is founded upon territory and upon
property, and
may be distinguished as a state (civitas).
The township or ward, circumscribed by metes and
bounds, with the property it contains, is the basis or unit
of the latter, and political society is the result. Political
society is organized upon territorial areas, and deals
with property as well as with persons through territorial
relations. The successive stages of integration are the
 '

ETHNICAL PERIODS 7

township or ward, which is the unit of organization the ;

county or province, which is an aggregation of town-

ships or wards; and the national domain or territory,
which is an aggregation of counties or provinces; the
people of each of which are organized into a body politic.
It taxed the Greeks and Romans to the extent of their

capacities, after they had gained civilization, to invent

the deme or township and the city ward; and thus in-
augurate the second great plan of government, which
remains among civilized nations to the present hour. In
ancient society this territorial plan was unknown. When
it came in it fixed the boundary line between ancient and

modern society, as the distinction will be recognized in

these pages.
It may be further observed that the domestic institu-
tions of the barbarous, and even of the savage ancestors
of mankind, are still exemplified in portions of the
human family with such completeness that, with the ex-
ception of the strictly primitive period, the several
stages of this progress are tolerably well preserved.
They are seen in the organization of society upon the
basis of sex, then upon the basis of kin, and finally upon
the basis of territory; through the successive forms of
marriage and of the family, with the systems of con-
sanguinity thereby created; through house life and ar-
chitecture; and through progress in usages with respect
to the ownership and inheritance of property.
The theory of human degradation to expain the ex-
istence of savages and of barbarians is no longer ten-
able. It came in as a corollary from the Mosaic cosmog-

ony, and was acquiesced in from a supposed necessity

which no longer exists. As a theory, it is not only in-
capable of explaining the existence of savages, but it is
without support in the facts of human experience.
The remote ancestors of the Aryan nations presumpt-
ively passed through an experience similar to that of ex-
isting barbarous and savage tribes. Though the experi-
ence of these nations embodies all the information neces-
sary to illustrate the periods of civilization, both ancient
and modern, together with a part of that in the Later
10 ANCIENT

of fire. Mankind were then living in their original

restricted habitat, and subsisting upon fruits and nuts.
The commencement of articulate speech belongs to this
period. No
exemplification of tribes of mankind in this
condition remained to the historical period.
II. Middle Status of Savagery.
It commenced with
the acquisition of a fish subsist-
ence and a knowledge of the use of fire, and ended with
the invention of the bow and arrow. Mankind, while
in this condition, spread from their original habitat over
the greater portion of the earth's surface. Among
tribes still existing it will leave in the Middle Status of

savagery, for example, the Australians and the greater

part of the Polynesians when discovered. It will be suf-
ficient to give one or more exemplifications of each
status.
III. Upper Status
of Savagery.
It commenced withthe invention of the bow and ar-
row, and ended with the invention of the art of pottery.
It leaves in the Upper Status of Savagery the Athapascan
tribes of the Hudson's Bay Territory, the tribes of the
valley of the Columbia, and certain coast tribes of North
and South America; but with relation to the time of
their discovery. This closes the period of Savagery.
IV. Lower Status of Barbarism.
The invention or practice of the art of pottery, all
things considered, is probably the most effective and con-
clusive test that can be selected to fix a boundary line,
necessarily arbitrary, between savagery and barbarism.
The distinctness of the two conditions has long been re-
cognized, but no criterion of progress out of the former
into the latter has hitherto been brought forward. All
such tribes, then, as never attained to the art of pottery
will be classed as savages, and those possessing this art
but who never attained a phonetic alphabet and the use
of writing will be classed as barbarians.
The first sub-period of barbarism commenced with the
manufacture of pottery, whether by original invention
or adoption. In finding its termination, and the com-
mencement of the Middle Status, a difficulty is cncoun-
 ETHNICAL PERIODS H
tered in the unequal endowments of the two hemispheres,
which began to be influential upon human affairs after
the period of savagery had passed. It may be met, how-
ever, by the adoption of equivalents. In the Eastern
hemisphere, the domestication of animals, and the West-
ern, the cultivation of maize and plants by irrigation, to-
gether with the use of adobe-brick and stone in house
building have been selected as sufficient evidence of
progress to work a transition out of the Lower and into
the Middle Status of barbarism. It leaves, for example,
in the Lower Status, the Indian tribes of the United
States east of the Missouri River, and such tribes of
Europe and Asia as practiced the art of pottery, but
were without domestic animals.
V. Middle Stattts of Barbarism.
It commenced with the domestication of animals in the
Eastern hemisphere, and in
th^Western with cultivation
by irrigation and with the use of adobe-brick and stone
in architecture, as shown. Its termination may be fixed
with the invention of the process of smelting iron ore.
This places in the Middle Status, for example, the Vil-
lage Indians of New Mexico, Mexico, Central America
and Peru, and such tribes in the Eastern hemisphere as
possessed domestic animals, but were without a knowl-
edge of iron. The ancient Britons, although familiar
with the use of iron, fairly belong in this connection.
The vicinity of more advanced continental tribes had
advanced the arts of life among thern far beyond the
state ofdevelopment of their domestic institutions.
VI. Upper Status of Barbarism.
It commenced with the manufacture of iron, and ended
with the invention of a phonetic alphabet, and the use of
writing in literary composition. Here civilization begins.
This leaves in the Upper Status, for example, the Gre-
cian tribes of the Homeric age, the Italian tribes shortly
before the founding of Rome, and the Germanic tribes
,of the time of Caesar.
VII. Status of Civilisation.
It commenced, as stated, with the use of a phonetic

alphabet and the production of literary records, and

Ifc ANCIENT SOCIETY

divides into Ancient and Modern. As an equivalent,

hieroglyphical writing upon stone may be admitted.

RECAPITULATION.
Periods. Conditions.

I. Older Period of Savagery, I. Lower Status

of Savagery,
II. Middle Period of Savagery, Middle Status of Savagery,
II.

III. Later Period of Savagery, HI. Upper Status of Savagery,

IV. Older Period of Barbarism, IV. Lower Status of Barbarism,
V. Middle Period of Barbar- V. Middle Status of Barbar-
ism, ism,
VI. Later Period of Barbarism, VI. Upper Status of Barbarism,
VII. Status of Civilization.

Lower Status of From the Infancy of the Hu-

I.

&
Savagery,
man Race
ment
to the commence-
of the next Period.
II. Middle Status of Savagery, From the acquisition of a fish
subsistence and a knowledge
of the use of fire, to etc.
III. Upper Status of Savagery, From the Invention of the Bow
and Arrow, to etc.
IV. Lower Status of Barbarism, From the Invention of the Art
of Pottery, to etc.
V. Middle Status of Barbar- From the Domestication of an-
ism, imals on the Eastern hemi-
sphere, and in the Western
from the cultivation of maize
and plants by Irrigation, with
the use of adobe-brick and
stone, to etc.
VI. Upper Status of Barbarism, From the Invention of the
process of Smelting Iron Ore,
with the use of iron tools, to
etc.

VII. Status of Civilization, From the Invention of a Phonetic

Alphabet, with the use of writ-
ing, to the present time.

Each of these periods has a distinct culture and exhib-

its a mode of life more or less special and peculiar to
 ETHNICAL PERIODS Jg

Itself. This specialization of ethnical periods renders it

possible to treat a particular society according to its con-
dition of relative advancement, and to make it a subject
of independent study and discussion. It does not affect
the main result that different tribes and nations on the
same continent, and even of the same linguistic family,
are in different conditions at the same time, since. for
our purpose the condition of each is the material fact,
the time being immaterial.
Since the use of pottery is less significant than that of
domestic animals, of iron, or of a phonetic alphabet,
employed to mark the commencement of subsequent eth-
nical periods, the reasons for its adoption should be
stated. The manufacture of pottery presupposes village
life, in the simple arts. l
and considerable progress Flint
and stone implements are older than pottery, remains of
the former having been found in ancient repositories in
numerous instances unaccompanied by the latter. A
suc-
cession of inventions of greater need and adapted to a
lower condition must have occurred before the want of
pottery would be felt. The commencement of village
life, with some degree of control over subsistence, wooden
vessels and utensils, finger weaving with filaments of
bark, basket making, and the bow and arrow make their
appearance before the art of pottery. The Village In-
dians who were in the Middle Status of barbarism, such
as the Zunians the Aztecs and the Cholulans, manufac-
tured pottery in large quantities and in many forms of
considerable excellence; the partially Village Indians of
the United States, who were in the Lower Status of bar-
barism, such as the Iroquois, the Choctas, and the Cher-
okees, made it in smaller quantities and in a limited num-

i
Mr. Edwin B. Tylor observes that Goquet "first propounded*
in the last century, the notion that the way in which pottery
came to be made, was that people daubed such combusible ves-
sels as these with clay to protect them from fire, till they found

hold utensils of wood, even their boillnjr pots, but postered

with a kind of clay, a good finger thick, which prevented the
fire from burning them. Ib. 273.
14 ANCIENT SOCIETY

Ker of forms; but the Non-horticultural Indians, who

were in the Status of savagery, such as the Athapascans,
the tribes of California and of the valley of the Colum-
1
bia, were ignorant of its use. In Lubbock's Pre-His-
toric Times, in Tylor's Early History of Mankind, and
in Peschel'sRaces of Man, the particulars respecting this
art,and the extent of its distribution, have been collected
with remarkable breadth of research. It was unknown
in Polynesia (with the exception of the Islands of the
Tongans and Fijians), in Australia, in California, and
in the Hudson's Bay Territory. Mr. Tylor remarks that
"the art of weaving was unknown in most of the Islands
away from Asia," and that "in most of the South Sea
Islands there was no knowledge of pottery.": 2 The Rev.
Lorimer Fison, an English missionary residing in Au-
stralia, informed the author in answer to inquiries, that
"the Australians had no woven fabrics, no pottery, and
were ignorant of the bow and arrow." This last fact
was also true in general of the Polynesians. The intro-
duction of the ceramic art produced a new epoch in
human progress in the direction of an improved living
and increased domestic conveniences. While flint and
stone implements which came in earlier and required
long periods of time to develop all their uses gave the
canoe, wooden vessels and utensils, and ultimately tim-
ber and plank in house architecture, 8 pottery gave a dur-
able vessel for boiling food, which before that had been
rudely accomplished in baskets coated with clay, and in

1
Pottery has been found in aboriginal mounds in Oregon
within a few years past. Foster's "Pre-Historic Races of the
United States," I. 162. The first vessels of pottery among the
Aborigines of the United States seem to have been made in
baskets of rushes or willows used as moulds which were burned
off after the vessel hardened. Jones's "Antiquities of the
Southern Indians," p. 461. Prof. Rau's article on "Pottery."
"Smithsonian Report/' 1866, p. 362.
"Early History of Mankind," p. 181; "Pre-Hlstoric Times,"
pp. 437, 441, 462, 477, 633, 642.
* Lewis and Clarke (1806) found plank in use in houses among

the tribes of the Columbia River. "Travels," Longman's Ed.,

1814, p. 503. Mr. John Keast Lord found "cedar plank chipped
from the solid tree with chisels and hatchets made of stone/*
!n Indian houses on Vancouver's Island. "Naturalist $n British,
Columbia/' I, 169.
 ETHNICAL PERIODS 15

ground cavities lined with skin, the boiling being effected

with heated stones. 1
Whether the pottery of the aborigines was hardened
by fire or cured by the simple process of drying, has been
made a question. Prof E. T. Cox, of Indianapolis, has
shown by comparing the analyses of ancient pottery and
hydraulic cements, "that so far as chemical constituents
are concerned it (the pottery) agrees
very well with the
composition of hydraulic stones." He remarks further,
that "all the pottery belonging to the mound-builders'
age, which I have seen, is composed of alluvial clay and
sand, or a mixture of the former with pulverized fresh-
water shells. A paste made of such a mixture possesses
in a high degree the properties of
hydraulic Puzzuolani
and Portland cement, so that vessels formed of it hard-
ened without being burned, as is customary with modern
pottery. The fragments of shells served the purpose of
gravel or fragments of stone as at present used in con-
nection with hydraulic lime for the manufacture of arti-
ficial stone." The composition of Indian pottery in an-
alogy with that of hydraulic cement suggests the difficul-
ties in the way of inventing the art, and tends also to

explain the lateness of its introduction in the course of

human experience. Notwithstanding the ingenious sug-
gestion of Prof. Cox, it is probable that pottery was hard-
ened by artificial heat. In some cases the fact is directly
attested. Thus Adair, speaking of the Gulf Tribes, re-
marks that "they make earthen pots of very different
sizes, so as to contain from two to ten gallons, large
pitchers to carry water, bowls, dishes, platters, basins,
and a prodigious number of other vessels of such anti-
quated forms as would be tedious to describe, and im-
possible to name. Their method of glazing them is, they

1
Tylor's "Early History of Mankind," p. 265, "et seq."
*
"Geological Survey of Indiana," 1873, p. 119. He gives the
following analysis: Ancient Pottery, "Bone Bank," Posey Co.,
Indiana.
Moisture at 21 2o F., 1.00 Peroxide of Iron, 5.60
Silica, 36.00 Sulphuric Acid, .20
Carbonate of Lime, 26.50 Organic Matter (alka-
Carbonate of Magnesia, 8.02 lies and loss), 23.60
Alumina, 5.00
100.00
|4| ANCIENT SOCIETY

place them over a large fi*e of smoky pitch-pine, which

1
makes them smooth, black and firm."
Another advantage of fixing definite ethnical periods
is the direction of special investigation to those tribes
and nations which afford the best exemplification of each
status, with the view of making each both standard and
illustrative. Some tribes and families have been left in
geographical isolation to work out the problems of prog-
ress by original mental effort; and have, consequently,
retained their arts and institutions pure and homogene"
ous; while those of other tribes and nations have been
adulterated through external influence. Thus, while
Africa was and is an ethnical chaos of savagery and bar-
barism, Australia and Polynesia were in savagery, pure
and simple, with the arts and institutions belonging to
that condition. In like manner, the Indian family of
America, unlike anv other existing family, exemplified
the condition of mankind in three successive ethnical
periods. In the undisturbed possession of a great con-
tinent, of common descent, and with homogeneous insti-
tutions, they illustrated, when discovered, each of these
conditions, and especially those of the Lower and of the
Middle Status of barbarism, more elaborately and com-
pletely than any other portion of mankind. The far
northern Indians and some of the coast tribes of North
and South America were in the Upper Status of savag-
ery; the partially Village Indians east of* the Mississippi
were in the Lower Status of barbarism, and the Village
Indians of North and South America were in the Mid-
dle Status. Such an opportunity to recover full and min-
ute information of the course of human experience and
progress in developing their arts and institutions through
these successive conditions has not been offered within
the historical period. It must be added that it has been
indifferently improved. Our greatest deficiencies relate
to the last period named.
Differences in the culture of the same period in the

*
"History of the American Indians," Lond. ed., 1775, p. 424.
The Iroquois affirm that In ancient times their foreiatherf
their pottery before a lire.
 ETHNICAL PERIODS 17

Eastern and Western hemispheres undoubtedly existed

in consequence of the unequal endowments of the conti-
nents; but the condition of society in the corresponding
status must have been, in the main, substantially similar.
The ancestors of the Grecian, Roman, and German
tribes passed through the stages we have indicated, in
the midst of the last of which the light of history fell
upon them. Their differentiation from the undistin-
guishable mass of barbarians did not occur, probably,
earlier than the commencement of the Middle Period ot
barbarism. The experience o these tribes has been lost,
with the exception of so much as is represented by the
institutions, inventions and discoveries which they had
brought with them, and possessed when they first came
under historical observation. The Grecian and Latin
tribes of the Homeric and Romulian periods afford the
highest exemplification of the Upper Status of barbar-
ism. Their institutions were likewise pure and homo-
geneous, and their experience stands directly connected
with the final achievement of civilization.
Commencing, then, with the Australians and Polyne-
sians, following with the American Indian tribes, and
concluding with the Roman and Grecian, who afford the
highest exemplifications respectively of the six great
stages of human progress, the sum of their united expe-
riences may be supposed fairly to represent that of the
human family from the Middle Status of savagery to the
end of ancient civilization. Consequently, the Aryan na-
tions will find the type of the condition of their remote
ancestors, when in savagery, in that of the Australians
and Polynesians when in the Lower Status of barbarism
;

in that of the partially Village Indians of America ; and

when in the Middle Status in that of the Village Indians,
with which their own experience in the Upper Status
directly connects. So essentially identical are the arts,
institutions and mode of life in the same status upon all
the continents, that the archaic form of the principal
domestic institutions of the Greeks and Romans must
even now be sought in the corresponding institutions of
the American aborigines, as will be shown in the course
1 ANCIBNT SOCIETY

of this volume. This fact forms a part of the accumu-

lating evidence tending to show that the principal insti-
tutions of mankind have been developed from a few pri-
mary germs of thought; and that the course and man-
ner of their development was predetermined, as well as
restricted within narrow limits of divergence, by the nat-
ural logic of the human mind and the necessary limita-
tions of its powers. Progress has been found to be sub-
stantially the same in kind in tribes and nations inhabit-
ing different and even disconnected continents, while in
the same status, with deviations from uniformity in par-
ticular instances produced by special causes. The argu-
ment when extended tends to establish the unity of origin
of mankind.
In studying the condition of tribes and nations in these
several ethnical periods we are dealing, substantially,
with the ancient history and condition of our own remote
ancestors.
 CHAPTER II

ARTS OF SUBSISTENCE

The important fact that mankind commenced at the

bottom of the scale and worked up, is revealed in an
expressive manner by their successive arts of subsist-
ence. Upon their skill in this direction, the whole ques-
tion of human supremacy on the earth depended. Man-
kind are the only beings who may be said to have gained
an absolute control over the production of food; which
at the outset they did not possess above other animals.
Without enlarging the basis of subsistence, mankind
could not have propagated themselves into other areas
not possessing the same kinds of food, and ultimately
over the whole surface of the earth and lastly, without
;

obtaining an absolute control over both its variety and

amount, they could not have multiplied into populous
nations. It is accordingly probable that the great epochs
of human progress have been identified, more or less di-
rectly, with the enlargement of the sources of subsist-
ence.

We are able to distinguish five of these sources of hu-

man food, created by what may be called as many suc-
cessive arts, one superadded to the other, and brought
out at long separated intervals of time. The first two
originated in the period of savagery, and the last three,
in the period of barbarism. They are the following,
stated in the order of their appearance:

I. Natural Subsistence upon Fruits and Roots on a

Restricted Habitat.
20 ANCIENT SOCIETY

This proposition carries us back to the strictly primi-

tive period of mankind, when few in numbers, simple in
subsistence, and occupying limited areas, they were just
entering upon their new career. There is neither an art,
nor an institution, that can be referred to this period;
and but one invention, that of language, which can be
connected with an epoch so remote. The kind of sub-
sistence indicated assumes a tropical or subtropical cli-
mate. In such a climate, by common consent, the habitat
of primitive man has been placed. In fruit and nutbear-
ing forests under a tropical sun, we are accustomed, and
with reason, to regard our progenitors as having com-
menced their existence.
The races of animals preceded the race of mankind, in
the order of time. We
are warranted in supposing that
they were in the plenitude of their strength and num-
bers when the human race first appeared. The classical
poets pictured the tribes of mankind dwelling in groves,
in caves and in forests, for the possession of which they
1
disputed with wild beasts while they sustained them-
selves with the spontaneous fruits of the earth. If man-
kind commenced their career without experience, with-
out weapons, and surrounded with ferocious animals, it
is not improbable that they were at least partially, tree-

livers, as a means of protection and security.

The maintenance of life, through the constant acqui-
sition of food, is the great burden imposed upon exist-
ence in all species of animals. As we descend in the
scale of structural organization, subsistence becomes
more and more simple at each stage, until the mystery
finally vanishes. But, in the ascending scale, it becomes
increasingly difficult until the highest structural form,
that of man, is reached, when it attains the maximum.
Intelligence from henceforth becomes a more prominent
factor. Animal food, in all probability, entered from a
very early period into human consumption but whether
;

it was
actively sought when mankind were essentially
frugivorous in practice, though omnivorous in structural

* "Lucr. D* Re. Nat./' lib. v, 951.

 ARTS OF SUBSISTENCE $1

organization, must remain a matter of conjecture. This

mode of sustenance belongs to the strictly primitive
-

period.
II. Fish Subsistence.
In fish must be recognized the first kind of artificial
food, because it was not fully available without cooking.

Fire was first utilized, not unlikely, for this purpose.

Fish were universal in distribution, unlimited in supply,
and the only kind of food at all times attainable. The
cereals in the primitive period were still unknown, if in
fact they existed, and the hunt for game was too pre-
carious ever to have formed an exclusive means of hu*-
man support. Upon this species of food mankind became
independent of climate and of locality and by following
;

the shores of the seas and lakes, and the courses of the
rivers could, while in the savage state, spread themselves
over the greater portion of the earth's surface. Of the
fact of these migrations there is abundant evidence in
the remains of flint and stone implements of the Status
of Savagery found upon all the continents. In reliance
upon fruits and spontaneous subsistence a removal from
the original habitat would have been impossible.
Between the introduction of fish, followed by the wide
migrations named, and the cultivation of farinaceous
food, the interval of time was immense. It covers a large
part of the period of savagery. But during this interval
there was an important increase in the variety and
amount of food. Such, for example, as the bread roots
cooked in ground ovens, and in the permanent addition
of game through improved weapons, and especially
through the bow and arrow. This remarkable invention,
which came in after the spear war club, and gave the
first deadly weapon for the hunt, appeared late in savag-
ery. It has been used to mark the commencement of

1
As a combination of forces it is so abstruse that It not
unlikely owed its origin to accident. The elasticity and tough-
ness of certain kinds of w^ood. the tension of a cord of sinew
or vegetable fibre by means of a btrit bow, and Anally their
combination to propel an arrow by human muscle, are not very
ft ANCIENT SOCIBTIT

its Upper Status. It must have given a powerful upward

influence to ancient society, standing in the same relation
to the period of savagery, as the iron sword to the period
of barbarism, and fire-arms to the period of civilization.
From the precarious nature of all these sources of
food, outside of the great fish areas, cannibalism became
the dire resort of mankind. The ancient universality of
this practice is being gradually demonstrated.
III. Farinaceous Subsistence through Cultivation.
We now leave Savagery and enter the lower Status
of barbarism. The cultivation of cereals and plants was
unknown in the Western hemisphere except among the
tribes who had emerged from savagery; and it seems to
have been unknown in the Eastern hemisphere until after
the tribes of Asia and Europe had passed through the
Lower, and had drawn near to the close of the Middle
Status of barbarism. It gives us the singular fact that
the American aborigines in the Lower Status of barbar-
ism were in possession of horticulture one entire ethnical
period earlier than the inhabitants of the Eastern hemi-
sphere. It was a consequence of the unequal endow-
ments of the two hemispheres; the Eastern possessing
all the animals adapted to domestication, save one, and
a of the cereals while the Western had only one
majority ;

cereal fit for cultivation, but that the best. It tended to

prolong the older period of barbarism in the former, to
shorten it in the latter; and with the advantage of con-
dition in this period in favor of the American aborigines.
But when the most advanced tribes in the Eastern hemi-
sphere, at the commencement of the Middle Period of
barbarism, had domesticated animals which gave them
meat and milk, their condition, without a knowledge of
the cereals, was much superior to that of the American
aborigines in the corresponding period, with maize and
plants, but without domestic animals. The differentia-

obvious suggestions to the mind of a savage. As elsewhere

noticed, the bow and arrow are unknown to the Polynesians in
and to the Australians. From this fact alone it is
own that mankind were well advanced in the savage state
Sneral,
Whn the bow and arrow made their first appearance.
 ARTS OF SUBSISTENCE *8

tion of the Semitic and Aryan families from the mass of

barbarians seems to have commenced with the domesti-
cation of animals.
That the discovery and cultivation of the cereals by
the Aryan family was subsequent to the domestication
of animals is shown by the fact, that there are common
terms for these animals in the several dialects of the
Aryan language, and no common terms for the cereals
or cultivated plants. Mommsen, after showing that the
domestic animals have the same names in the Sanskrit,
Greek, and Latin (which Max Miiller afterwards ex-
tended to the remaining Aryan dialects *) thus proving
that they were known and presumptively domesticated
before the separation of these nations from each other,
proceeds as follows: "On the other hand, we have as
yet no certain proofs of the existence of agriculture at
this period. Language rather favors the negative view.
Of the Latin-Greek names of grain none occur in the
Sanskrit with the single exception of zea, which philo-
logically represents the Sanskrit yavas, but denotes in
Indian, barley; in Greek, spelt. It must indeed be

granted that this diversity in the names of cultivated

plants, which so strongly contrasts with the essential
agreement in the appellations of domestic animals, does
not absolutely preclude the supposition of a common
original agriculture. The cultivation of rice among the
Indians, that of wheat and spelt among the Greeks, and
that of rye and oats among the Germans and Celts, may
2
all be traceable to a common system of original tillage/'
This last conclusion is forced. Horticulture preceded
field culture, as the garden (hortos) preceded the field
(ager) ;
and although the latter implies boundaries, the
former signifies directly an "inclosed space." Tillage,
however, must have been older than the inclosed garden ;

the natural order being first, tillage of patches of open

alluvial land, second of inclosed spaces or gardens, and
third, of the field by means of the plow drawn by animal

*
"Chip* from a German Workshop," Comp. Table, 11, p. 41.
"Hlatory of Rome," Scrlbner'a ed., 1871, I, p. 38.
&4 ANCIENT SOCIETY

power. Whether the cultivation of such plants as the

pea, bean, turnip, parsnip, beet, squash and melon, one
or more of them, preceded the cultivation of the cereals,
we have at present no means of knowing. Some of these
have common terms in Greek and Latin; but I am as-
sured by our eminent philologist, Prof. W. D. Whitney,
that neither of them has a common term in Greek or
Latin and Sanskrit.
Horticulture seems to have originated more in the
necessities of the domestic animals than in those of man-
kind. In the Western hemisphere it commenced with
maize. This new era, although not synchronous in the
two hemispheres, had immense influence upon the des-
tiny of mankind. There are reasons for believing that it
requires ages to establish the art of cultivation, and
render farinaceous food a principal reliance. Since in
America it and to village life, it tended,
led to localization
especially amongthe Village Indians, to take the place
of fish and game. From the cereals and cultivated plants,
moreover, mankind obtained their first impression of the
possibility of an abundance of food.
The acquisition of farinaceous food in America and
of domestic animals in Asia and Europe, were the means
of delivering the advanced tribes, thus provided, from
the scourge of cannibalism, which as elsewhere stated,
there are reasons for believing was practiced universally
throughout the period of savagery upon captured ene-
mies, and, in time of famine, upon friends and kindred.
Cannibalism in war, practiced by war parties in the field,
survived among the American aborigines, not only in the
Lower, but also Middle Status of barbarism, as,
in the
for example, among the Iroquois and the Aztecs but the ;

general practice had disappeared. This forcibly illus-

trates the great importance which is exercised by a per-
manent increase of food in ameliorating the condition of
mankind.
IV. Meat and Milk Subsistence.

The absence of animals adapted to domestication in

 AHTS OP
1
the Western hemisphere, excepting the llama, and the
specific differences in the cereals of the two hemispheres
exercised an important influence upon the relative ad-
vancement of their inhabitants. While this inequality of
endowments was immaterial to mankind in the period of
savagery, and not marked in its effects in the Lower
Status of barbarism, it made an essential difference with
that portion who had attained to the Middle Status. The
domestication of animals provided a permanent meat and
milk subsistence which tended to differentiate the tribes
which possessed them from the mass of other barbarians.
In the Western hemisphere, meat was restricted to the
precarious supplies of game. This limitation upon an
essential species of food was unfavorable to the Village
Indians; and doubtless sufficiently explains the inferior
size of the brain among them in comparison with that of
Indians in the Lower Status of barbarism. In the East-
ern hemisphere, the domestication of animals enabled the
thrifty and industrious to secure for themselves a per-
manent supply of animal food, including milk the health-
;

ful and invigorating influence of which upon the race,

and especially upon children, was undoubtedly remark-
able. It is at least supposable that the Aryan and Sem-
itic families owe their pre-eminent endowments to the

great scale upon which, as far back as our knowledge

extends, they have identified themselves with the main-
tenance in numbers of the domestic animals. In fact,
they incorporated them, flesh, milk, and muscle into their
plan of life. No other family of mankind have done this
to an equal extent, and the Aryan have done it to a
greater extent than the Semitic.
The domestication of animals gradually introduced a
new mode of life, the pastoral, upon the plains of the

1
The early Spanish writers speak of a "dumb dogr" found
,
domesticated In the "West India Islands, and also in Mexico and
Central America. (See figures of the Aztec dogr in pi. Hi, vol.
I, of Clavigero's "History of Mexico"). I have seen no identi-
fication of the animal. They also speak of poultry as well as
turkeys on the continent. The aborigines had domesticated the
turkey, and the Nahuatlac tribes some species of wild fowl.
t We learn from the Iliad that the Greeks milked their sheep,
M well as their cows and groats. See "Iliad/' iv, 433.
Euphrates and of India, and upon the steppes of Asia;
on the confines of one or the other of which the domesti-
cation of animals was probably first accomplished. To
these areas, their oldest traditions and their histories
alike refer them. They were thus drawn to regions
which, so far from being the cradle lands of the human
race, were areas they would not have occupied as savages,
or as barbarians in the Lower Status of barbarism, to
whom forest areas were natural homes. After becoming
habituated* to pastoral life, it must have been impossible
for either of these families to re-enter the forest areas
of Western Asia and of Europe with their flocks and
herds, without first learning to cultivate some of the
cereals with which to subsist the latter at a distance from
the grass plains. It seems extremely probable, therefore,
as before stated, that the cultivation of the cereals origi-
nated in the necessities of the domestic animals, and in
connection with these western migrations; and that the
use of farinaceous food by these tribes was a consequence
of the knowledge thus acquired.
In the Western hemisphere, the aborigines were ena-
bled to advance generally into the Lower Status of bar-
barism, and a portion of them into the Middle Status,
without domestic animals, excepting the llama in Peru,
and upon a single cereal, maize, with the adjuncts of the
bean, squash, and tobacco, and in some areas, cacao, cot-
ton and pepper. But maize, from its growth in the hill
which favored direct cultivation from its useable-
ness both green and ripe, and from its abundant yield
and nutritive properties, was a richer endowment in aid
of early human progress than all other cereals put to-
gether. It serves to explain the remarkable progress the
American aborigines had made without the domestic
animals; 'the Peruvians having produced bronze, which
stands next, and quite near, in the order of time, to the
process of smelting iron ore.
V. Unlimited Subsistence through Field Agriculture.
The domestic animals supplementing human muscle
with animal power, contributed a new factor of the high-
est value. In course of time, the production of iron gave
 ARffl 6# 8U6S1STENCE jft

the plow with an iron point, and a better spade and axe.
Out of these, and the previous horticulture, came field
agriculture; and with it, for the first time, unlimited
subsistence. The plow drawn by animal power may be
regarded as inaugurating a new art. Now, for the first
time, came the thought of reducing the forest, and bring-
l
ing wide fields under cultivation. Moreover, dense pop-
ulations in limited areas now became
possible. Prior to
fieldagriculture not it is
probable that half a million peo-
ple were developed and held together under one govern-
ment in any part of the earth. If exceptions occurred,
they must have resulted from pastoral life on the plains,
or from horticulture improved by irrigation, under pecu-
liarand exceptional conditions.
In the course of these pages it will become necessary
to speak of the family as it existed in different ethnical
periods ;
its form in one period being sometimes entirely
different from its form in another. In Part III these
several forms of the family will be treated specially. But
as they will be frequently mentioned in the next ensuing
Part, they should at least be defined in advance for the
information of the reader. They are the following:
I. The Consanguine Family.
It was founded upon the intermarriage of brothers and
sisters in a group. Evidence still remains in the oldest
of existing systems of Consanguinity, the Malayan, tend-
ing to show that this, the first form of the family, was
anciently as universal as this system of consanguinity
which it created.
II. The Punaluan Family.
Its name is derived from the Hawaiian relationship of
Punalua. It was founded upon the intermarriage of
several brothers to each other's wives in a group and of ;

several sisters to each other's husbands in a group. But

the term brother, as here used, included the first, second,
third,and even more remote male cousins, all of whom
were considered brothers to each other, as we consider
own brothers and the term sister included the first, sec-
;

"Lucr. De Re. Nat./' v, 1369.

$8 ANCIENT SOCIETY

ond, third, and even more remote female cousins, all of

whom were sisters to each other, the same as own sis-
ters. This form of the family supervened upon the con-
sanguine. It created the Turanian and Ganowanian sys-
tems of consanguinity. Both this and the previous form
belong to the period of savagery.
III. The Syndyasmian Family.
The term is from syndyaso, to pair, syndyasmos, a
joining two together. It was founded upon the pairing
of a male with a female under the form of marriage, but
without an exclusive cohabitation. It was the germ ol
the Monogamian Family. Divorce or separation was at
the option of both husband and wife. This form of the
family failed to create a system of consanguinity.
IV. The Patriarchal Family.
It was founded upon the marriage of one man to sev-
eral wives. The term is here used in a restricted sense
to define the special family of the Hebrew pastoral tribes,
the chiefs and principal men of which practiced polyg-
amy. It exercised but little influence upon human affairs
for want of universality.
V.The Monogamian Family.
It was founded upon the marriage of one man with
one woman, with an exclusive cohabitation; the latter
constituting the essential element of the institution. It
is pre-eminently the family of civilized society, and was
therefore essentially modern. This form of the family
also created an independent system of consanguinity.
Evidence will elsewhere be produced tending to show
both the existence and the general prevalence of these
several forms of the family at different stages of human
progress.
 CHAPTER III

RATIO OF HUMAN PROGRESS

It is well to obtain an impression of the relative amount

and of the ratio of human progress in the several ethnical
periods named, by grouping together the achievements
of each, and comparing them with each other as distinct
classes of facts. This will also enable us to form some
conception of the relative duration of these periods. To
render it forcible, such a survey must be general, and in
the nature of a recapitulation. It should, likewise, be
limited to the principal works of each period.
Before man could have attained to the civilized state it
was necessary that he should gain all the elements of
civilization. This implies an amazing change of condi-
tion, first from a primitive savage to a barbarian of the
lowest type, and then from the latter to a Greek of the
Homeric period, or to a Hebrew of the time of Abraham.
The progressive development which history records in
the period of civilization was not less true of man in each
of the previous periods.
By re-ascending along the several lines of human
progress toward the primitive ages of man's existence,
and removing one by one his principal institutions, inven-
tions, and discoveries, in the order in which they have
appeared, the advance made in each period will be real-
ized.
The principal contributions of modern civilization are
the electric telegraph; coal gas; the spinning- j enny and
;

the power loom; the steam-engine with its numerous

dependent machines, including the locomotive, the rail-
 gO ANCIENT SOCIETY

way, and the steam-ship; the telescope; the discover/ oi

the ponderability of the atmosphere and of the LO&r sys-
tem; the art of printing; the canal lock; the mariner's
compass; and gunpowder. The mass of other inven-
tions, such, for example, as the Ericsson propeller, will
be found to hinge upon one or another of those named
as antecedents : but there are exceptions, as photography,
and numerous machines not necessary to be noticed.
With these also should be remove^ the modern sciences ;

religious freedom and the common schools; representa-

tive democracy; constitutional monarchy with parlia-
ments; the feudal kingdom; modern privileged classes;
international, statute and common law.
Modern and absorbed whatever
civilization recovered
was valuable and although its
in the ancient civilizations
contributions to the sum of human knowledge have been
vast, brilliant and rapid, they are far from being so dis-
proportionately large as to overshadow th* ancient civili-
zations and sink them into comparative insignificance.
Passing over the mediaeval period, which gave Gothic
architecture, feudal aristocracy with hereditary titles of
rank, and a hierarchy under the headship of a pope, we
enter the Roman and Grecian civilizations. They will be
found deficient in great inventions and discoveries, but
distinguished in art, in philosophy, and in organic insti-
tutions. The principal contributions of these civiliza-
tions were imperial and kingly government; the civil
law; Christianity; mixed aristocratical and democratical
government, with a senate and consuls ; democratical gov-
ernment with a council and popular assembly ; the organ-
ization of armies into cavalry and infantry, with military
discipline ; the establishment of navies, with the practice
of naval warfare; the formation of great cities, with
municipal law; commerce on the seas; the coinage of
money; and the state, founded upon territory and upon
property; and among inventions, fire-baked brick, the
1
crane, the water-wheel for driving mills, the bridge,

* The Egyptian* may have Invented the erane (See Jlerodotaa,

11, 126). They also had the balance scale.
 RATIO OF HUMAN PROGRESS ftl

acqueduct and sewer; lead pipe used as a conduit with

the faucet; the arch, the balance scale; the arts and sci-
ences of the classical period, with their results, includ-
ing the orders of architecture the Arabic numerals, and
;

alphabetic writing.
These civilizations drew largely from, as well as rested
upon, the inventions and discoveries and the institutions
of the previous period of barbarism. The achievements
of civilized man, although very great and remarkable,
are nevertheless very far from sufficient to eclipse the
works of man as a barbarian. As such he had wrought
out and possessed all the elements of civilization, except-
1

ing alphabetic writing. His achievements as a barbarian

should be considered in their relation to the sum of hu-
man progress ; and we may be forced to admit that they
transcend, in relative importance, all his subsequent
works.
The use of writing, or its equivalent in hieroglyphics
upon stone, affords a fair test of the commencement of
1
civilization. Without literary records neither history
nor can properly be said to exist. The pro-
civilization
duction of the Homeric poems, whether transmitted
orally or committed to writing at the time, fixes with
sufficient nearness the introduction of civilization among
the Greeks. These poems, ever fresh and ever marvel-
ous, possess an ethnological value which enhances im-
mensely their other excellences. This is especially true
of the Iliad, which contains the oldest as well as the most
circumstantial account now existing of the progress of
mainland up to the time of its composition. Strabo com-
pliments Homer as the father of geographical science
*
;

1 The
phonetic alphabet came, like other great inventions, at
the end of successive efforts. The slow Egyptian, advancing;
the hieroglyph through its several forms, had reached a sylla-
bus composed of phonetic characters, and at this stage was
resting upon hte labors. He could write in permanent charac-
ters upon stone. Then came in the inquisitive Phoenician, the
first navigator and trader on the sea, who, whether previously
versed in hieroglyphs or otherwise, seems to have entered at a
bond upon the labors of the Egyptian, and by --- ^
an inspiration
.-
of genius to have mastered the problem over
was dreaming. He produced that wondrous al
letters Which in time gave to mankind a writ
the means for literary and historical records.
"Btrato," Z, *
82 ANCIENT SOCIETY

but the great poet has given, perhaps without design,

what was infinitely more important
to succeeding genera-
tions namely, a remarkably full exposition of the arts,
:

usages, inventions and discoveries, and mode of life of

the ancient Greeks. It presents our first comprehensive

picture of Aryan society while still in barbarism, show-

ing the progress then made, and of what particulars it
consisted. Through these poems we are enabled confi-
dently to state that certain things were known among
the Greeks before they entered civilization. They also
cast an illuminating light far backward into the period of
barbarism.

Using the Homeric poems as a guide and continuing

the retrospect into the Later Period of barbarism, let us
strike off from the knowledge and experience of man-
kind the invention of poetry the ancient mythology in
;

its elaborate form, with the Olympian divinities; temple

architecture; the knowledge of the cereals, excepting

maize and cultivated plants, with field agriculture; cities
encompassed with walls of stone, with battlements, tow-
ers and gates; the use of marble in architecture; ship-
building with plank and probably with the use of nails;
the wagon and the chariot; metallic plate armor; the
copper-pointed spear and embossed shield; the iron
sword the manufacture of wine, probably the mechan-
; ;

ical powers excepting the screw the potter's wheel and

;

the hand-mill for grinding grain woven fabrics of linen

;

and woolen from the loom the iron axe and spade the
; ;

iron hatchet and adz the hammer and the anvil the bel-
; ;

lows and the forge and the side-hill furnace for smelt-
;

ing iron ore, together with a knowledge of iron. Along

with the above-named acquisitions must be removed the
monogamian family; military democracies of the heroic
age the later phase of the organization into gentes, phrat-
;

ries and tribes the agora or popular assembly, probably

; ;

a knowledge of individual property in houses and lands :

and the advanced form of municipal life in fortified cities.

When this has been done, the highest class of barbarians
will have surrendered the principal portion of their mar-
 RATIO OF HUMAN PROGRESS 89

vclous works, together with the mental and moral growth

thereby acquired.
From this point backward through the Middle Period
of barbarism the indications become less distinct, and the
relative order in which institutions, inventions and dis-
coveries appeared is less clear; but we are not without
some knowledge to guide our steps even in these distant
ages of the Aryan family. For reasons previously stated,
other families, besides the Aryan, may now be resorted
-
to for the desired information.
Entering next the Middle Period, let us, in like man-
ner, strike out of human experience the process of mak-
ing bronze flocks and herds of domestic animals com-
; ;

munal houses with walls of adobe, and of dressed stone

laid in courses with mortar of lime and sand cyclopean;

walls lake dwellings constructed on piles the knowledge

; ;

of native metals, l with the use of charcoal and the cruci-

ble for melting them; the copper axe and chisel; the
shuttle and embryo loom cultivation by irrigation, cause-
;

ways, reservoirs and irrigating canals paved roads osier

; ;

suspension bridges personal gods, with a priesthood dis-

;

tinguished by a costume, and organized in a hierarchy;

human sacrifices military democracies of the Aztec type ;
;

woven fabrics of cotton and other vegetable fibre in the

Western hemisphere, and of wool and flax in the East-
ern; ornamental pottery; the sword of wood, with the
edges pointed with flints polished flint and stone imple-
;

ments a knowledge of cotton and flax and the domestic

; ;

animals.
The aggregate of achievements in this period was less
than in that which followed; but in its relations to the
sum of human progress it was very great. It includes
the domestication of animals in the Eastern hemisphere,
which introduced in time a permanent meat and milk
subsistence,and ultimately field agriculture and also in-
;

hugurated those experiments with the native metals which

1 Homer mention! the native metal*; but they were known

Ion* before hie time, and before iron. The use of charcoal and
tae emdble in meitin* them prepared the way for wnettla*
FOB ore*
84 ANCIENT SOCIETY
1
resulted in producing bronze, as well as prepared the
way for the higher process of smelting iron ore. In the
Western hemisphere it was signalized by the discovery
and treatment of the native metals, which resulted in the
production independently of bronze by the introduction
;

of irrigation in the cultivation of maize and plants, and

by the use of adobe-brick and stone in the construction
of great joint tenement houses in the nature of fort-
resses.

Resuming the retrospect and entering the Older Period

of barbarism, let us next remove from human acquisi-
tions the confederacy, based upon gentes, phratnes and
tribes under the government of a council of chiefs which
gave a more highly organized state of society than be-
fore that had been known. Also the discovery and culti-
vation of maize and the bean, squash and tobacco, in the
Western hemisphere, together with a knowledge of fari-
naceous food finger weaving with warp and woof the
; ;

kilt, moccasin and leggin of tanned deer-skin the blow-

;

gun for bird shooting; the village stockade for defense;

tribal games element worship, with a vague recognition
;

of the Great Spirit cannibalism in time of war; and last-

;

ly, the art of pottery.

As we ascend ih the order of time and of development,
but descend in the scale of human advancement, inven-
tions become more simple, and more direct in their rela-

1
The researches of Beckmann have loft a doubt upon the
existence of a true bronze earlier than a knowledge of iron
among the Greeks and Latins.% He thinks "electrum," men-
1

tioned in the "Iliad," was a mixture of gold and silver ("His-

tory of Inventions/' Bohn's ed., ii, 212); and that the "stannum"
of the Romans, which consisted of silver and lead, was the
same as the "kassiteron" of Homer (Ib., ii, 217). This word
has usually been interpreted as tin. In commenting upon the
composition called bronze, he remarks: "In my opinion the
greater part of these things were made of "stannum," properly
so called, which by the admixture of the noble metals, and
some difficulty of fusion, was rendered fitter for use than pure
copper." (Ib., ii, 213). These observations were limited to the
nations of the Mediterranean, within whose areas tin was not
produced. Axes, knives, razors, swords, daggers, and personal
ornaments discovered in Switzerland, Austria, Denmark, and
other parts of Northern Europe, have been found, on analysis,
composed of copper and tin, ana therefore fall under the strict
definition of bronze. They were also found in relations indicat-
ing priority to iron.
 RATIO OF HUMAN PROGRESS S6

tions to primary wants and institutions approach nearer

;

and nearer to the elementary form of a gens composed

of consanguinei, under a chief of their own election, and
to the tribe composed of kindred gentes, under the
gov-
ernment of a council of chiefs. The condition of Asiatic
and European tribes in this period, (for the Aryan and
Semitic families did not probably then exist), is substan-
tially lost. It is represented by the remains of ancient
art between the invention of pottery and the domestica-
tion of animals' and includes the people who formed the
shell-heaps on the coast of the Baltic, who seem to have
domesticated the dog, but no other animals.
In any just estimate of the magnitude of the achieve-
ments of mankind in the three sub-periods of barbarism,
they must be regarded as immense, not only in number
and in intrinsic value, but also in the mental and moral
development by which they were necessarily accom-
panied.
Ascending next through the prolonged period of sav-
agery, let us strike out of human knowledge the organi-
zation into gentes, phratries and tribes the syndyasmian
;

family; the worship of the elements in its lowest form;

syllabical language the bow and arrow ; stone and bone
;

implements cane and splint baskets ; skin garments the

; ;

punaluan family the organization upon the basis of sex ;

;

the village, consisting of clustered houses boat craft, in-

;

cluding the bark and dug-out canoe the spear pointed

;

with flint, and the war club; flint implements of the

ruder kinds; the consanguine family; monosyllabical
language fetichism cannibalism a knowledge of the
; ; ;

use of fire; and lastly, gesture language. 1 When this

i The origin of language has been investigated far enough to
find the grave difficulties In the way of any solution of the
problem. It seems to have been abandoned, by common consent,
as an unprofitable subject. It is more a question of the laws
of human development and of the necessary operations of the
mental principle, than of the materials of language. Lucretius
remarks that with sounds and with gesture, mankind In th
primitive period intimated their thoughts stamuveringty to *ao\
other ( v. 1021). He assumes that thought preceded speech, ajnC
that gesture language preceded articulate language. Oestuf*
or siirn language seems to hare been primitive, the elder stst^
of articulate speech. It is still the universal language ef bar-
35 ANCIENT SOCIETY

work of elimination has been done in the order in which

these several acquisitions were made, we shall have ap-
proached quite near the infantile period of man's exist-
ence, when mankind were learning the use of fire, which
rendered possible a fish subsistence and a change of hab-
itat, and when they were attempting the formation of
articulate language. In a condition so absolutely primi-
tive, man is seen to be not only a child in the scale of
humanity, but possessed of a brain into which not a
thought or conception expressed by these institutions, in-
ventions and discoveries had penetrated; in a word,
he stands at the bottom of the scale, but potentially all
he has since become.
With the production of inventions and discoveries, and
with the growth of institutions, the human mind neces-
sarily grew and expanded; and we are led to recognize
a gradual enlargement of the brain itself, particularly
of the cerebral portion. The slowness of this mental
growth was inevitable, in the period of savagery, from
the extreme difficulty of compassing the simplest inven-
tion out of nothing, or with next to nothing to assist
mental effort; and of discovering any substance or force

barians, if not of savages, in their mutual Intercourse when

their dialects are not the same. The American aborigines have
developed such a language, thus showing that one may be
formed adequate for general intercourse. As used by them it
is both graceful and expressive, and affords pleasure in its use.
It is a language of natural symbols, and therefore possesses
the elements of a universal language. A sign language is
easier to invent than one of sounds; and, since it is mastered
with greater facility, a presumption arises that it preceded
articulate speech. The sounds of the voice would first come in,
on this hypothesis, in aid of gesture; and as they gradually
assumed a conventional signification, they would supersede, to
that extent, the language of signs, or become incorporated m
It. It would also tend to develop the capacity of the vocal
organs. No proposition can be plainer than that gesture has
attended articulate language from its birth. It is still insepar-
able from it; and may embody the remains, by survival, of an
ancient mental habit. If language were perfect, a gesture to
lengthen out or emphasize its meaning would be a fault. As
we descend through the gradations of language into its ruder
forma* the gesture element increases in the quantity and
variety of its forms until we find languages BO dependent upon
gestures that without them they would be substantially un-
intelligible. Growing up and flourishing aide by aide through
savagery, and far into the period of barbarism, they remain,
In modified forma, indiaaolubly united. Those who are curious
to solve the problem of the origin of language would do well
t look to the possible suggestions from gesture langua**,
 RATIO OP HUMAN PROGRESS 37

in nature available in such a rude condition of life. It

was not less difficult to organize the simplest form of
society out of such savage and intractable materials. The
first inventions and the first social organizations were
doubtless the hardest to achieve, and were consequently
separated from each other by the longest intervals of
time. Astriking illustration is found in the successive
forms of the family. In this law of progress, which
works in a geometrical ratio, a sufficient explanation is
found of the prolonged duration of the period of sav-
agery.
That the early condition of mankind was substantially
as above indicated is not exclusively a recent, nor even
a modern opinion. Some of the ancient poets and phi-
losophers recognized the fact, that mankind commenced
in a state of extreme rudeness from which they had risen
by slow and successive steps. They also perceived that
the course of their development was registered by a pro-
gressive series of inventions and discoveries, but without
noticing as fully the more conclusive argument from
social institutions.
The important question of the ratio of this progress,
which has a direct bearing upon the relative length of
the several ethnical periods, now presents itself. Human
progress, from first to last, has been in a ratio not rig-
orously but essentially geometrical. This is plain on the
face of the facts; and it could not, theoretically, have
occurred in any other way. Every item of absolute
knowledge gained became a factor in further acquisi-
tions, until the present complexity of knowledge was
attained. Consequently, while progress was slowest in
time in the first period, and most rapid in the last, the
relative amount may have been greatest in the first, when
the achievements of either period are considered in their
relations to the sum. It may be suggested, as not im-

probable of ultimate recognition, that the progress of

mankind in the period of savagery, in its relations to the
sum of human progress, was greater in degree than it
was afterwards in the three sub-periods of barbarism;
and that the progress made in the whole period of bar-
to ANCTUKT SOCIETY

barism was, in like manner, greater in degree than it has

been since in the entire period of civilization.
What may have been the relative length of these eth-
nical periods is also a fair subject of speculation. An
exact measure is not attainable, but an approximation
may be attempted. On the theory of geometrical pro-
gression, the period of savagery was necessarily longer
in duration than the period of barbarism, as the latter was
longer than the period of civilization. If we assume a
hundred thousand years as the measure of man's exist-
ence upon the earth in order to find the relative length of
each period, and for this purpose, it may have been
longer or shorter, it will be seen at once that at least
sixty thousand years must be assigned to the period of
savagery. Three-fifths of the life of the most advanced
portion of the human race, on this apportionment, were
spent in savagery. Of the remaining years, twenty thou-
sand, or one-fifth, should be assigned to the Older Pe-
riod of barbarism. For the Middle and Later Periods
there remain fifteen thousand years, leaving five thou-
sand, more or less, for the period of civilization.
The relative length of the period of savagery is more
likely under than over stated. Without discussing the
principles on which this apportionment is made, it may
be remarked that in addition to the argument from the
geometrical progression under which human develop-
ment of necessity has occurred, a graduated scale of
progress has been universally observed in remains of an-
cient art, and this will be found equally true of institu-
tions. It is a conclusion of deep importance in ethnology
that the experience of mankind in savagery was longer
in duration than all their subsequent experience, and
that the period of civilization covers but a fragment of
the life of the race.
Two families of mankind, the Aryan and Semitic, by
the commingling of diverse stocks, superiority of sub-
sistence or advantage of position, and possibly from all
together, were the first to emerge from barbarism. They
were substantially the founders of civilization. l But
The Egyptians art uppoid to affllUU remotely with th*
Stmitic family.
 RATIO OF HUMAN PROGRESS ftg

their existence as distinct families was undoubtedly, in a

comparative sense, a late event. Their progenitors are
lost in the undistinguishable mass of earlier barbarians.
The first ascertained appearance of the Aryan family was
in connection with the domestic animals, at which time
they were one people in language and nationality. It is
not probable that the Aryan or Semitic families were
developed into individuality earlier than the commence-
ment of the Middle Period of barbarism, and that their
differentiation from the mass of barbarians occurred
through their acquisition of the domestic animals.
The most advanced portion of the human race were
halted, so to express it, at certain stages of progress,
until some great invention or discovery, such as the
domestication of animals or the smelting of iron ore,
gave a new and powerful impulse forward. While thus
restrained, the ruder tribes, continually advancing, ap-
proached in different degrees of nearness to the same
status for wherever a continental connection existed, all
;

the tribes must have shared in some measure in each

other's progress. All great inventions and discoveries
propagate themselves; but the inferior tribes must have
appreciated their value before they could appropriate
them. In the continental areas certain tribes would
lead but the leadership would be apt to shift a number
;

of times in the course of an ethnical period. The de-

struction of the ethnic bond and life of particular tribes,
followed by their decadence, must have arrested for a
time, in many instances and in all periods, the upward
flow of human progress. From the Middle Period of
barbarism, however, the Aryan and Semitic families seem
fairly to represent the central threads of this progress,
which in the period of civilization has been gradually
assumed by the Aryan family alone.
The truth of this general position may be illustrated by
the condition of the American aborigines at the epoch
of their discovery. They commenced their career on the
American continent in savagery; and, although pos-
sessed of inferior mental endowments, the body of them
had emerged from savagery and attained to the Lower
4Q ANCIENT SOCIETY

Status of barbarism; whilst a portion of them, the Vil-

lage Indians of North and South America, had risen to
the Middle Status. They had domesticated the llama,
the only quadruped native to the continent which prom-
ised usefulness in the domesticated state, and had pro-
duced bronze by alloying copper with tin. They, needed
but one invention, and that the greatest, the art of
smelting iron ore, to advance themselves into the Upper
Status. Considering the absence of all connection with
the most advanced portion of the human family in the
Eastern hemisphere, their progress in unaided self-devel-
opment from the savage state must be accounted remark-
able. While the Asiatic and European were waiting
patiently for the boon of iron tools, the American Indian
was drawing near to the possession of bronze, which
stands next to iron in the order of time. During this
period of arrested progress in the Eastern hemisphere,
the American aborigines advanced themselves, not to the
status in which they were found, but sufficiently near
to reach it while the former were passing through the
last period of barbarism, and the first four thousand
years of civilization. It gives us a measure of the length
of time they had fallen behind the Aryan family in the
race of progress : namely the duration of the Later Pe-
riod of barbarism, to which the years of civilization
must be added. The Aryan and Ganowanian families
together exemplify the entire experience of man in five
ethnical periods, with the exception of the first portion
of the Later Period of savagery.
Savagery was the formative period of the human race.
Commencing at zero in knowledge and experience, with-
out without articulate speech and without arts, our
fire,
savage progenitors fought the great battle, first for ex-
istence, and then for progress, until they secured safety
from the ferocious animals, and permanent subsistence.
Out of these efforts there came gradually a developed
speech, and the occupation of the entire surface of the
earth. But society from its rudeness was still incapable
of organization in numbers. When the most advanced
portion of mankind had emerged from savagery, and
 RATIO OF HUMAN PROGRESS 41

entered the Lower Status of barbarism, the entire popu-

lation of the earth must have been small in numbers.
The earliest inventions' were the most difficult to accom-
plish because of the feebleness of the power of abstract
reasoning. Each substantial item of knowledge gained
would form a basis for further advancement; but this
must have been nearly imperceptible for ages upon ages,
the obstacles to progress nearly balancing the energies
arrayed against them. The achievements of savagery
are not particularly remarkable in character, but they
represent an amazing amount of persistent labor with
feeble means continued through long periods of time be-
fore reaching a fair degree of completeness. The bow
and arrow afford an illustration.
Theinferiority of savage man in the mental and moral
scale, undeveloped, inexperienced, and held down by his
low animal appetites and passions, though reluctantly
recognized, is, nevertheless, substantially demonstrated
by the remains of ancient art in flint stone and bone im-
plements, by his cave life in certain areas, and by his
osteological remains. It is still further illustrated by
the present condition of tribes of savages in a low state
of development, left in isolated sections of the earth as
monuments of the past. And yet to this great period of
savagery belongs the formation of articulate language
and its advancement to the syllabical stage, the establish-
ment of two forms of the family, and possibly a third,
and the organization into gentes which gave the first
form of society worthy of the name. All these conclu-
sions are involved in the proposition, stated at the out-
set,that mankind commenced their career at the bottom
of the scale which "modern science claims to be prov-
;

ing by the most careful and exhaustive study of man

l
and his works."
In manner, the great period of barbarism was
like
signalized by four events of pre-eminent importance:
namely, the domestication of animals, the discovery of
the cereals, the use of stone in architecture, and the in-

I Whlt*y "Oriental and Llncuiitlc studies," p. 341.

4ft ANCIENT SOCIETY

vention of the process of smelting iron ore. Commen-

cing probably with the dog as a companion in the hunt,
followed at a later period by the capture of the young
of other animals and rearing them, not unlikely, from
the merest freak of fancy, it required time and experi-
ence to discover the utility of each, to find means of rais-
ing them in numbers and to learn the forbearance ne-
cessary to spare them in the face of hunger. Could the
special history of the domestication of each animal be
known, it would exhibit a series of marvelous facts. The
experiment carried, locked up in its doubtful chances,
much of the subsequent destiny of mankind. Secondly,
the acquisition of farinaceous food by cultivation must
be regarded as one of the greatest events in human
experience. It was less essential in the Eastern hemi-

sphere, after the domestication of animals, than in the

Western, where it became the instrument of advancing
a large portion of the American aborigines into the
Lower, and another portion into the Middle Status of
barbarism. If mankind had never advanced beyond this
last condition, they had the means of a comparatively
easy and enjoyable life. Thirdly, with the use of adobe-
brick and of stone in house building, an improved mode
of life was introduced, eminently calculated to stimulate
the mental capacities, and to create the habit of industry,
the fertile source of improvements. But, in its rela-
tions to the high career of mankind, the fourth inven-
tion must be held the greatest event in human experi-
ence, preparatory to civilization. When the barbarian,
advancing step by step, had discovered the native metals,
and learned to melt them in the crucible and to cast them
in moulds; when he had alloyed native copper with tin
and produced bronze and, finally, when by a still greater
;

effort of thought he had invented the furnace, and pro-

duced iron from the ore, nine-tenths of the battle for
l
civilization was gained. Furnished with iron tools,

i M. Quiquerez, a Swiss engineer, discovered in the canton of

Berne the remains of a number of side-hill furnaces for smelt-

in* iron ore; together with tools, fragments of iron and
charcoal. To construct one, an excavation was made in the
tide of , hill in which * fcosh was formed of clay, wUJi a
 RATIO OF HUMAN PROGRESS 43

capable of holding both an edge and a point, mankind

were certain of attaining to civilization. The produc-
tion of iron was the event of events in human experi-
ence, without a parallel, and without an equal, beside
which all other inventions and discoveries were incon-
siderable, or at least subordinate. Out of it came the
metallic hammer and anvil, the axe and the chisel, the
plow with an iron point, the iron sword; in fine, the
basis of civilization, which may be said to rest upon this
metal. The want of iron tools arrested the progress of
mankindw in barbarism. There they would have remained
to the present hour, had they failed to. bridge the chasm.
It seems probable that the conception and the process of

smelting iron ore came but once to man. It would be a

singular satisfaction could it be known to what tribe and
family we are indebted for this knowledge, and with it
for civilization. The Semitic family were then in ad-
vance of the Aryan, and in the lead of the human race.
They gave the phonetic alphabet to mankind and it seems
not unlikely the knowledge of iron as well.
At the epoch of the Homeric poems, the Grecian tribes
had made immense material progress. All the common
metals were known, including the process of smelting
ores, and possibly of changing iron into steel the prin-
;

cipal cereals had been discovered, together with the art

of cultivation, and the use of the plow in field agricul-
ture; the dog, the horse, the ass, the cow, the sow, the
sheep and the goat had been domesticated and reared in
flocks and herds, as has been shown. Architecture had
produced a house constructed of durable materials, con-
1
taining separate apartments, and consisting of more
8
than a single story; ship building, weapons, textile
chimney in the form of a dome above it to create a draft. No
evidence was found of tl\e use of the bellows. The boshes seem
to have been charged with alternate layers of pulverized ore
and charcoal, combustion being: sustained by fanning the
flames. The result was a spongy mass of partly fused ore
'
which was afterwards welded into a compact mass by ham-
mering A deposit of charcoal was found beneath a bed of peat
1
.

twenty feet in thickness. It is not probable that these furnaces

ware coeval with the knowledge of smelting: iron ore; but they
were, not unlikely, close copies of the original furnace. Vide
Flguier's "Primitive Man," Putnam's ed., p. $OL
i Palace of Priam.!!., vi, 242.

House of Ulysses.-Od.. xvl, 448.

44 ANCIENT SOCIETY

fabrics, the manufacture of wine from the gtape, the

1
cultivation of the apple, the pear, the olive and the fig,
together with comfortable apparel, and useful imple-
ments and utensils, had been produced and brought into
human use. But the early history of mankind was lost
in the oblivion of the ages that had passed away. Tradi-
tion ascended to an anterior barbarism through which it
was unable to penetrate. Language had attained such
development that poetry of the highest structural form
was about to embody the inspirations of genius. The
closing period of barbarism brought this portion of the
human family to the threshold of civilization, animated
by the great attainments of the past, grown hardy and
intelligent in the school of experience, and with the un-
disciplined imagination in the full splendor of its cre-
ative powers. Barbarism ends with the production of
grand barbarians. Whilst the condition of society in
this period was understood by the later Greek and Ro-
man writers, the anterior state, with its distinctive cul-
ture and experience, was as deeply concealed from their
apprehension as from our own; except as occupying a
nearer stand-point in time, they saw more distinctly the
relations of the present with the past. It was evident
to them that a certain sequence existed in the series of
inventions and discoveries, as well as a certain order of
development of institutions, through which mankind had
advanced themselves from the status of savagery to that
of the Homeric age; but the immense interval of time
between the two conditions does not appear to have been
made a subject even of speculative consideration.

i Od., vli, 115.

 PART II.

1ROWTH OF THE IDEA OF GOVERNMENT

 CHAPTER I

ORGANIZATION OF SOCIETY UPON THE BASIS OF SEX

In treating the subject of the growth of the idea of

government, the organization into gentes on the basis
of kin naturally suggests itself as the archaic frame-
work of ancient society; but there is a still older and
more archaic organization, that into classes on the basis
of sex, which first demands attention. It will not be
taken up because of its novelty in human experience, but
for the higher reason that it seems to contain the germ-
inal principle of the gens. If this inference is warranted
by the facts it will give to this organization into male
and female classes, now found in full vitality among the
Australian aborigines, an ancient prevalence as wide
spread, in the tribes of mankind, as the original organi-
zation into gentes.
It will soon be perceived that low down in savagery
community of husbands and wives, within prescribed
limits, was the central principle of the social system.
The marital rights and privileges, (jura conjugialia,) l
established in the group, grew into a stupendous scheme,
which became the organic principle on which society was
constituted. From the nature of the case these rights
and privileges rooted themselves so firmly that emanci-
pation from them was slowly accomplished through
movements which resulted in unconscious reformations.
Accordingly it will be found that the family has ad-

1
The Romans made a distinction between "connublum,"
which related to marriage considered as a civil institution,
and "oonjufflum," which was a mere physical union.
48 ANCIENT SOCIETY

vanced from a lower to a higher form as the range of

this conjugal system was gradually reduced. The fam-
ily, commencing in the consanguine, founded upon the
intermarriage of brothers and sisters in a group, passed
into the second form, the punaluan, under a social system
akin to the Australian classes, which broke up the first
species of marriage by substituting groups of brothers
who shared their wives in common, and groups of sis-
ters who shared their husbands in common, marriage in
both cases being in the group. The organization into
classes upon sex, and the subsequent higher organization
into gentes upon kin, must be regarded as the results
of great social movements worked out unconsciously
through natural selection. For these reasons the Aus-
tralian system, about to be presented, deserves attentive
consideration, although it carries us into a low grade of
human life. It represents a striking phase of the ancient
social history of our race.
The organization into classes on the basis of sex, and
the inchoate organization into gentes on the basis of kin,
now prevail among that portion of the Australian abo-
rigines who speak the Kamilaroi language. They in-
habit the Darling River district north of Sydney. Both
organizations are also found in other Australian tribes,
and so wide spread as to render probable their ancient
universal prevalence among them. It is evident from
internal considerations that the male and female classes
are older than the gentes: firstly, because the gentile
organization is higher than that into classes; and sec-
ondly, because the former, among the Kamilaroi, are in
process of overthrowing the latter. The class in its male
and female branches is the unit of their social system,
which place rightfully belongs to the gens when in full
development. A remarkable combination of facts is thus
presented; namely, a sexual and a gentile organization,
both in existence at the same time, the former holding
the central position, and the latter inchoate but advancing
to completeness through encroachments upon the former.
This organization upon sex has not been found, as yet,
in any tribes of savages out of Australia, but the slow
 ORGANIZATION OF SOCIETY ON BASIS OP SEX 4|

development of these islanders in their secluded habitat,

and the more archaic character of the organization upon
sex than that into gentes, suggests the conjecture, that
the former may have been universal in such branches of
the human family as afterwards possessed the gentile
organization. Although the class system, when traced
out fully, involves some bewildering complications, it
will reward the attention
necessary for its mastery. As
a curious social organization among savages it possesses
but little interest but as the most primitive form of so-
;

ciety hitherto discovered, and more especially with the

contingent probability that the remote progenitors of our
own Aryan family were once similarly organized, it be-
comes important, and may prove instructive.
The Australians rank below the Polynesians, and far
below the American aborigines. They stand below the
African negro and near the bottom of the scale. Their
social institutions, therefore, must approach the primi-
l
tive type as nearly as those of any existing people.
Inasmuch as the gens is made the subject of the
succeeding chapter, it will be introduced in this without
discussion, and only for the necessary explanation of the
classes.
The Kamilaroi are divided into six gentes, standing
with reference to the right of marriage, in two divisions,
as follows:
I. i. Iguana, (Duli). 2. Kangaroo, (Murriira).
3. Opossum, (Mute).
II. 4. Emu, (Dinoun). 5. Bandicoot, (Bilba. 6.
Blacksnake, (Nurai).
Originally the first three gentes were not allowed to

i For the detailed facts of the Australian system I am Indebt-

ed to the Rev. Lorimer Fison, an English missionary in
Australia, who received a portion of them from the Rev. W.
Ridley, and another portion from T. E. Lance, Esq., both of
whom had spent many years among the Australian aborigines,
and enjoyed excellent opportunities for observation. The facts
were sent by Mr. Fison with a critical analysis and discussion
of the system, which, with observations of the writer, were
published in the "Proceedings of the Am. Acad. of Arts and
Sciences for 1872." See vol. viil, p. 412. A brief notice of thft
Kamilaroi classes is given in McLennan's "Primitive MarrlagV
* 118: and to Tylor^i "Barly History of Mankind." p, 88*
Pady melon: * species of Kangaroo,
{JO ANCIENT SOCIETY

intermarry with each other, because they were subdi-

visions of an original gens; but they were permitted to
marry into either of the other gentes, and vice versd.
This ancient rule is now among the Kamilaroi,
modified,
but not carried to the full
in certain definite particulars
extent of permitting marriage into ahy gens but that
of the individual. Neither males nor females can marry
into their own
gens, the prohibition being absolute.
Descent the female line, which assigns the children
is in
to the gens of their mother. These are among the es-
sential characteristics of the gens, wherever this insti-
tution is found in its archaic form. In its external fea-
tures, therefore, it is perfect and complete among the
Kamilaroi.
But there is a further and older division of the people
into eight classes, four of which are composed exclu-
sively of males, and four exclusively of females. It is

accompanied with a regulation in respect to marriage

and descent which obstructs the gens, and demonstrates
that the latter organization is in process of development
into its true logical form. One only of the four classes
of males can marry into one only of the four classes ofc
females. In the sequel it will be found that all the males
of one class are, theoretically, the husbands of all the
females of the class into which they are allowed to
marry. Moreover, if the male belongs to one of the first
three gentes the female must belong to one of the op-
posite three. Marriage is thus restricted to a portion
of the males of one gens, with a portion of the females
of another gens, which is opposed to the true theory of
the gentile institution, for all the members of each gens
should be allowed to marry persons of the opposite sex
in all the gentes except their own.
The classes are the following:
Male. Female.
1. i. Ippata.
Ippai.
2. Kumbo. Buta.
2.

3. Murri. 3. Mata.
4. Kubbi. 4. Kapota.
All the Ippais, of whatever gens, are brothers to each
 ORGANIZATION OF SOCIETY ON BASIS OF SEX 51

other. Theoretically, they are descended from a sup-

posed common female ancestor. All the Kumbos are the
same ; and so are all the Murris and Kubbis, respectively,
and for the same reason. In like manner, all the Ippatas,
of whatever gens, are sisters to each other, and for the
same reason all the Butas are the same, and so are all
;

the Matas and Kapotas, respectively. In the next place,

all the Ippais and Ippatas are brothers and sisters to each

other, whether children of the same mother or collateral

consanguinei, and in whatever gens they are found. The
Kumbos and Butas are brothers and sisters; and so are
the Murris and Matas, and the Kubbis and Kapotas re-
spectively. If an Ippai and Ippata meet, who have never
seen each other before, they address each other as bro-
ther and sister. The Kamilaroi, therefore, are organized
into four great primary groups of brothers and sisters,
each group being composed of a male and a female
branch but intermingled over the areas of their occupa-
;

tion. Founded upon sex, instead of kin, it is older than

the gentes, and more archaic, it may be repeated, than
any form of society hitherto known.
The classes embody the germ of the gens, but fall short
of its realization. In reality the Ippais and Ippatas form
a single class in two branches, and since they cannot in-
termarry they would form the basis of a gens but for the
reason that they fall under two names, each of which is
integral for certain purposes, and for the further reason
that their children take different names from their own.
The division into classes is upon sex instead of kin, and
1

has its relation to a rule of marriage as remark-

primary
able as it is original.
Since brothers and sisters are not allowed to inter-
marry, the classes stand to each other in a different order
with respect to the right of marriage, or rather, of co-
habitation, which better expresses the relation. Such
was the original law, thus:
can marry Kapota, and no other.
Ippai
Kumbo can marry Mata, and no other.
Murri can marry Buta, and no other.
K\ibbi can marry Ippata, and no other*
08 ANCIENT SOCIETY

This exclusive scheme has been modified in one particu-

lar, as will hereafter be shown namely, in giving to each
:

class of males the right of intermarriage with one addi-

tional class of females. In this fact, evidence of the
encroachment of the gens upon the class is furnished,
tending to the overthrow of the latter.
It is thus seen that each male in the selection of a wife,
is limited to one-fourth part of all the Kamilaroi females.

This, however, is not the remarkable part of the system.

Theoretically every Kapota is the wife of every Ippai;
every Mata is the wife of every Kumbo; every Buta is
the wife of every Murri; and every Ippata of every
Kubbi. Upon this material point the information is spe-
cific, Mr. Fison, before mentioned, after observing that
Mr. Lance had "had much intercourse with the natives,
having lived among them many years on frontier cattle-
stations on the Darling River, and in the trans-Darling
country," quotes from his letter as follows "If a Kubbi
:

meets a stranger Ippata, they address each other as

Goleer = Spouse. ... A Kubbi thus meeting an Ippata,
even though she were of another tribe, would treat her
as his wife, and his right to do so would be recognized
by her tribe." Every Ippata within the immediate circle
of his. acquaintance would consequently be his wife as
well.
Here we find, in a direct and definite form, punaluan
marriage in a group of unusual extent; but broken up
into lesser groups, each a miniature representation of the
whole, united for habitation and subsistence. Under the
conjugal system thus brought to light one-quarter of all
the males are united in marriage with one-quarter of all
the females of the Kamilaroi tribes. This picture of
savage life need not revolt the mind, because to them it
was a form of the marriage relation, and therefore devoid
of impropriety. It is but an extended form of polygyny
and polyandry, which, within narrower limits, have pre-
vailed universally among savage tribes. The evidence of
the fact still exists, in unmistakable form, in their sys-
tems of consanguinity and affinity, which have outlived
the customs and usages in which they originated. It
 ORGANIZATION OF SOCIETY ON BASIS OF SEX 53

will be noticed that this scheme of intermarriage is but

a step from promiscuity, because it is tantamount to that
with the addition of a method. Still, as it is made a sub-
ject of organic regulation, it is far removed from general
promiscuity. Moreover, it reveals an existing^ state of
marriage and of the family of which no adequate con-
ception could have been formed apart from the* facts. It
affords the first direct evidence of a state of society which
had previously been deduced, as extremely probable,
from systems of consanguinity and affinity.1
Whilst the children remained in the gens of their
mother, they passed into another class, in the same gens,
different from that of either parent. This will be made
apparent by the following table :

Male. Female. Male. Female.

Ippai marries Kapota. Their children are Murri and Mata.
Kumbo marries Mata. Their children are Kubbi and Kapota.
Murri marries Buta. Their children are Ippai and Ippata.
Kubbi marries Ippata. Their children are Kumbo and Buta.
If these descents are followed out it will be found that,

in the female line, Kapota is the mother of Mata, and

Mata in turn is the mother of Kapota ; so Ippata is the
mother of Buta, and the latter in turn is the mother of
Ippata. It is the same with the male classes; but since
descent is in the female line, the Kamilaroi tribes derive
themselves from two supposed female ancestors, which
laid the foundation for two original gentes. By tracing
these- descents still further it will be found that the blood
of each class passes through all the classes.
Although each individual bears one of the class names
above given, it will be understood that each has in addi-
tion the single personalname, which is common among
savage as well as barbarous tribes. The -more closely
this organization upon sex is scrutinized, the more re-
markable it seems as the work of savages. When once
established, and after that transmitted through a few

"System* of Consanguinity and Affinity of the Human

Family.M (Smtthfconlan Contribution* to Knowledge)," voL xvii,
p. 410, et ieq."
 54 % ANCIENT SOCIET*

generations, it would hold society with such p6Wef as to

become of displacement. It would require a
difficult
similar and higher system, and centuries of time, to ac-
complish this result particularly if the range of the con-
;

jugal system would thereby be abridged.

The gentile organization supervened naturally upon
the classes as a higher organization, by simply enfolding
them unchanged. That it was subsequent in point of
time, is shown by the relations of the two systems, by the
inchoate condition of the gentes, by the impaired condi-
tion of the classes through encroachments by the gens,
and by the fact that the class is still the unit of organi-
zation. These conclusions will be made apparent in the
sequel.
From the preceding statements the composition of the
gentes will be understood when placed in their relations
to the classes. The latter are in pairs of brothers and
sisters derived from each other; and the gentes them-
selves, through the classes, are in pairs, as follows:

Gentes. Male. Female. Male. Female.

1. Iguana. All are Murri & Mata, or Kubbi & Kapota.
2. Emu. All are Kumbo & Buta, or Ippai & Ippata.
3. Kangaroo. All are Murri & Mata, or Kubbi & Kapota.
4. Bandicoot. All are Kumbo & Buta, or Ippai & Ippata.
5. Opossum. All are Murri & Mata, or Kubbi & Kapota.
6. Blacksnake. All are Kumbo & Buta, or Ippai & Ippata.

The connection of children with a particular gens is

proven by the law of marriage. Thus, Iguana-Mata
must marry Kumbo ; her children are Kubbi and Kapota,
and necessarily Iguana in gens, because descent is in the
female line. Iguana-Kapota must marry Ippai her chil- ;

dren are Murri and Mata, and also Iguana in gens, for
the same reason. In like manner Emu-Buta must marry
.Murri ; her children are Ippai and Ippata, and of the Emu
gens. So Emu-Ippata must marry Kubbi; her children
are Kumbo and Buta, and also of the Emu gens. In this
manner the gens is maintained by keeping in its mem-
bership the children of all its female members. The samt
is true in all respects of each of the
remaining gentes.
 ORGANIZATION OP SOCIETY ON BASIS OP SEX 55

It will be noticed that each

gens is made up, theoretically,
of the descendants of two supposed female ancestors, and
contains four of the eight classes. It seems probable that
originally there were but two male, and two female
classes, which were set opposite to each other in respect
to the of marriage; and that the four afterward
Bright
subdivided into eight. The classes as an anterior organi-
zation were evidently arranged within the gentes, and
not formed by the subdivision of the latter.
Moreover, since the Iguana, Kangaroo and Opossum
gentes are found to be counterparts of each other, in the
classes they contain, it follows that they are subdivisions
of an original gens. Precisely the same is true of Emu,
Bandicoot and Blacksnake, in both particulars; thus re-
ducing the six to two original gentes, with the right in
each to marry into the other, but not into itself. It is
confirmed by the fact that the members of the first three
gentes could not originally intermarry neither could the
;

members of the last three. The reason which prevented

intermarriage in the gens, when the three were one,
would follow the subdivisions because they were of the
same descent although under different gentile names.
Exactly the same thing is found among the Seneca-Iro-
quois, as will hereafter be shown.
Since marriage is restricted to particular classes, when
there were but two gentes, one-half of all the females of
one were, theoretically, the wives of one-half of all the
males of the other. After their subdivision into six the
benefit of marrying out of the, gens, which was the chief
advantage of the institution, was arrested, if not neutral-
ized, by the presence of the classes together with the
restrictions mentioned. It resulted in continuous in-and-
in marriages beyond the immediate degree of brother and
sister. If the gens could have eradicated the classes this
evil would, in a great measure, have been removed.

* If a
diagram of descents is mtfde, for example, of Ippat and
Kapota, and carried to the fourth veneration, riving to each
Intermediate pair two children, a male and a female, the fol-
lowing results will appear. The children of Ippal and Kapota
are Murri and Mata. As brothers and sisters the latter cannot
marry. At the second degree, the children of Hurri, married
to Buta, are Ippai and Ippata, and of Mata married to Kumfco,
56 ANCIENT SOCIETY

The organization into classes seems to have been directed

to the single object of breaking up the intermarriage of
brothers and sisters, which affords a probable explana-
tion of the origin of the system. But since it did not
look beyond this special abomination it retained a con-
jugal system nearly as objectionable, as well as cast it in
a permanent form.
It remains to notice an innovation upon the original
constitution of the classes, and in favor of the gens,
which reveals a movement, still pending, in the direction
of the true ideal of the gens. It is shown in two partic-
ulars: firstly, in allowing each triad of gentes to inter-
marry with each other, to a limited extent; secondly,
to marry into classes not before permitted. Thus, Igu-
ana-Murri can now marry Mata in the Kangaroo gens,
his collateral sister, whereas originally he was restricted
to Buta in the opposite three. So Iguana-Kubbi can now
marry Kapota, his collateral sister. Emu-Kumbo can now
marry Buta, and Emu-Ippai can marry Ippata in the
Blacksnake gens, contrary to original limitations. Each
class of males in each triad of gentes seems now to be
allowed one additional class of females in the two re-
maining gentes of the same triad, from which they were
before excluded. The memoranda sent by Mr. Fison,

are Kubbl and Kapota. Of these, Ippai marries his cousin

Kapota, and Kubbi marries his cousin Ippata. It will be noticed
that the eight classes are reproduced from two in the second
and third generations, with the exception of Kumbo and Buta.
At the next or third degree, there are two Murris, two Matas,
two Kumbos, and two But as; of whom the Murris marry the
Butas, their second cousins, and the Kubbis the Matas, their
second cousins. At the fourth generation there are four each
of Ippais Kapotas Kubbis and Ippatas, who are third cousins*
Of these, the Ippais marry the Kapotas, and the Kubbis the
Ippatas; and thus it runs from generation to generation. A
similar chart of the remaining marriageable classes will pro*
rtuce like results. These details are tedious, but they make the
fact apparent that in this condition of ancient society they not
only intermarry constantly, but are compelled to do so through
this organization upon sex. Cohabitation would not follow this
ir variable course because an entire male and female class were
married In a group; but its occurrence must have been con-
stant under the system. One of the primary objects secured by
the gens, when fully matured, was thus defeated: namely, the
aggregation of a moiety of the descendants of a supposed com*
man ancestor under a prohibition of intermarriage, followed
by * right of marrying into any other gens.
 ORGANIZATION OP SOCIETY ON BASIS OF SKX 57

however, do not show a change to the full extent here

indicated. 1
This innovation would plainly have been a retrograde
movement but that it tended to break down the classes.
The line of progress among the Kamilaroi, so far as any
is observable, was from classes into gentes, followed by
a tendency to make the gens instead of the class the unit
of the social organism. In this movement the overshad-
owing system of cohabitation was the resisting element.
Social advancement was impossible without diminishing
its extent, which was equally impossible so
long as the
classes, with the privileges they conferred, remained in
full vitality. The
jura conjugialia, which appertained to
these classes, were the dead weight upon the Kamilaroi,
without emancipation from which they would have re-
mained for additional thousands of years in the same con-
dition, substantially, in which they were found.
An organization somewhat similar is indicated by the
punalua of the Hawaiians which will be hereafter ex-
plained. Wherever the middle or lower stratum of
savagery is uncovered, marriages of entire groups under
usages defining the groups, have been discovered either
in absolute form, or such traces as to leave little doubt
that such marriages were normal throughout this period
of man's history. It is immaterial whether the group, the-
oretically, was large or small, the necessities of their con-
dition would set a practical' limit to the size of the group
living together under this custom. If then community
of husbands and wives is found to have been a law of
the savage state, and, therefore, the essential condition
of society in savagery, the inference would be conclusive
that our own savage ancestors shared in this common
experience of the human race.
In such usages and customs an explanation of the low
condition of savages is found. If men in savagery had
not been left behind, in isolated portions of the earth, to
testify concerning the early condition of
mankind in-gen-
eral, it would have been impossible to form any definite

i "Proc. Am. Acad. ArU and Sciences/' vitl. 48.

68 ANClfcNT SOCIETY

conception of what it must have been. An important in-

ference at once arises, namely, that the institutions of
mankind have sprung up in a progressive connected
series, each of which represents the result of unconscious
reformatory movements to extricate society from exist-
ing evils. The wear of ages is upon these institutions,
for the proper understanding of which they must be
studied in this light. It cannot be assumed that the Au-
stralian savages are now at the bottom of the scale, for
their arts and institutions, humble as they are, show the
contrary neither is there any ground for assuming their
;

degradation from a higher condition, because the facts

of human experience afford no sound basis for such an
hypothesis. Cases of physical and mental deterioration
in tribes and nations may be admitted, for reasons which
are known, but they never interrupted the general prog-
ress of mankind. All the facts of human knowledge
and experience tend to show that the human race, as a
whole, have steadily progressed from a lower to a higher
condition. The arts by which savages maintain their
lives are remarkably persistent. They are never lost un-
til superseded by others higher in degree. By the prac-
tice of these arts, and by the experience gained through
social organizations, mankind have advanced under a
necessary law of development, although their progress
may have been substantially imperceptible for centuries.
It was the same with races as with individuals, although
tribes and nations have perished through the disruption
of their ethnic life.

The Australian classes afford the first, and, so far as

the writer is aware, the only case in which we are able
to look down into the incipient stages of the organiza-
tion into gentes, and even through it upon an interior
organization so archaic as that upon sex. It seems to
afford a glimpse at society when it verged upon the prim-
itive. Among other tribes the gens seems to have ad-
vanced in proportion to the curtailment of the conjugal
system. Mankind rise in the scale and the family ad-
vances through its successive forms, as these rights sink
 ORGANIZATION OF SOCIETY ON BAfltS OF &EX 56

down before the efforts of society to improve' its internal

organization.
The Australians might not have effected the overthrow
of the classes in thousands of years if they had remained
undiscovered; while more favored continental tribes had
long before perfected the gens, then advanced it through
its successive phases, and at last laid it aside after enter-

ing upon civilization. Facts illustrating the rise of suc-

cessive social organizations, such as that upon sex, and
that upon kin are of the highest ethnological value. A
knowledge of what they indicate is eminently desirable,
if the early history of mankind is to be measurably re-
covered.
Among the Polynesian tribes the gens was unknown ;

but traces of a system analogous to the Australian classes

appear in the Hawaiian custom of punalua. Original
ideas, absolutely independent of previous knowledge and
experience, are necessarily few in number. Were it pos-
sible to reduce the sum of human ideas to underived

originals, the small numerical result would be startling.

Development is the method of human progress.
In the light of these facts some of the excrescences of
modern civilization, such as Mormonism, are seen to be
relics of the old savagism not yet eradicated from the
human brain. We have the same brain, perpetuated by
reproduction, which worked in the skulls of barbarians
and savages in by-gone ages; and it has come down to
us ladened and saturated with the thoughts, aspirations
and passions, with which it was busied through the in-
termediate periods. It is the same brain grown older and
larger with the experience of the age$. These outcrops
of barbarism are so many revelations of its ancient pro-
clivities. They are explainable as a species of mental
atavism.
Out of a few germs of thought, conceived in the early
^ages, have been evolved all the principal institutions of
mankind. Beginning their growth in the period of sav-
agery, fermenting through the period of barbarism, they
have continued their advancement through the period
of civilization. The evolution of these germs of thought
ao ANCIENT SOCIETY

has been guided by a natural logic which formed an e-

sential attribute of the brain itself. So unerringly has
this principle performed its functions in all conditions of
experience, and in all periods of time, that its results are
uniform, coherent and traceable in their courses. These
results alone will in time yield convincing proofs of the
unity of origin of mankind. The mental history of the
human race, which is revealed in institutions, inventions
and discoveries, is presumptively the history of a single
species, perpetuated through individuals, and developed
through experience. Among the original germs of
thought, which have exercised the most powerful influ-
ence upon the human mind, and upon human destiny, are
these which relate to government, to the family, to langu-
age, to religion, an to property. They had a definite be-
ginning far back in savagery, and a logical progress, but
can have no final consummation, because they are still
progressing, and must ever continue to progress.
 CHAPTER II

THE IROQUOIS GENS

The experience of mankind, as elsewhere remarked,

has developed but two plans of government, using the
word plan in its scientific sense. Both were definite and
systematic organizations of society. The first and most
ancient was a social organization, founded upon gentes,
phratries and tribes. The second and latest in time was
a political organization, founded upon territory and upon
property. Under the first a gentile society was created,
in which the government dealt with persons through
their relations to a gens and tribe. These relations were
purely personal. Under the second a political society
was instituted, in which the government dealt with per-
sons through their relations to territory, e. g. the town-
ship, the county, and the state. These relations were
purely territorial. The two plans were fundamentally
different. One belongs to ancient society, and the other
to modern.
The gentile organization opens to us one of the oldest
and most widely prevalent institutions of mankind. It
furnished the nearly universal plan of government of an-
cient society, Asiatic,European, African and Australian.
It was the instrumentality by means of which society was

organized and held together. Commencing in savagery,

and "continuing through the three sub-periods of bar-
bafism, it remained until the establishment of political
society, which did not occur until after civilization had
commenced. The Grecian gens, phratry and tribe, the
Roman gens, curia and tribe find their analogues in the
i
ft* ANCIENT SOCIETY

gens, phratry and tribe of the American aborigines. In

like manner, the Irish sept, the Scottish clan, the phrara
of the Albanians, and the Sanskrit ganas, without extend-
ing the comparison further, are the same as the Amer-
ican Indian gens, which has usually been called a clan.
As far as our knowledge extends, this organization runs
through the entire ancient world upon all the continents,
and it was brought down to the historical period by such
tribes as attained to civilization. Nor is this all. Gentile
society wherever found is the same in structural organi-
zation and in principles of action; but changing from
lower to higher forms with the progressive advance-
ment of the people. These changes give the history of
development of the same original conceptions.
Gens, genos, and ganas in Latin, Greek and Sanskrit
have alike the primary signification of kin. They contain
the same element as gigno, gignomai, and ganamai, in the
same languages, signifying to beget] thus implying in
each an immediate common descent of the members of a
gens. A gens, therefore, is a body of consanguine!
descended from the same common ancestor, distinguished
by a gentile name, and bound together by affinities of
blood. It includes a moiety only of such descendants.
Where descent is in the female line, as it was universally
in the archaic period, the gens is composed of a sup-
posed female ancestor and her children, together with
the children of her female descendants, through females,
in perpetuity; and where descent is in the male line
into which it was changed after the appearance of prop-
erty in masses of a supposed male ancestor and his
children, together with the children of his male descend-
ants, through males, in perpetuity. The family name
among ourselves is a survival of the gentile name, with
descent in the male line, and passing in the same manner.
The modern family, as expressed by its name, is an un-
organized gens; with the bond of kin broken, and its
members as widely dispersed as the family name is found.
Amongthe nations named, the gens indicated a social
organization of a remarkable character, which had pre-
vailed from an antiquity so remote that its origin was
 IROQUOIS GENS 68

lost in the obscurity of far distant ages. It was also the

unit of organization of a social and governmental sys-
tem, the fundamental basis of ancient society. This or-
ganization was not confined to the Latin, Grecian and
Sanskrit speaking tribes, with whom it became such a
conspicuous institution. It has been found in other
branches of the Aryan family of nations, in the Sem-
itic, Uralian and Turanian families, among the tribes
of Africa and Australia, and of the American aborigines.
An exposition of the elementary constitution of the
gens, with its functions, rights, and privileges, requires
our first attention after which it will be traced, as widely
;

as possible, among the tribes and nations of mankind in

order to prove, by comparisons, its fundamental unity.
It will then be seen that it must be regarded as one of
the primary institutions of mankind.
The gens has passed through successive stages of de-
velopment in its transition from its archaic to its final
form with the progress of mankind. These changes were
limited, in the main, to two firstly, changing
: descent
from the female line, which was the archaic rule, as
among the Grecian and Roman gentcs; and, secondly,
changing the inheritance of the property of a deceased
member of the gens from his gentiles, who took it in
the archaic period, first to his agnatic kindred, and finally
to his children. These changes, slight as they may seem,
indicate very great changes of condition as well as a
large degree of progressive development.
The gentile organization, originating in the period of
savagery, enduring through the three sub-periods of
barbarism, finally gave way, among the more advanced
tribes, when they attained civilization, the requirements
of which it was unable to meet. Among the Greeks and
Romans, political society supervened upon gentile soci-
ety, but not until civilization had commenced. The town-
ship (and its equivalent, the city ward), with its fixed
property, and the inhabitants it contained, organized as
a body politic, became the unit and the basis of a new
and radically different system of government. After
political society was instituted, this ancient and time-
 54 ANCIENT SOCIETY

honored organization, with the phratry and tribe devel-

opment from it, gradually yielded up their existence.
It will be my object, in the course of this volume, to
trace the progress of this organization from its rise in
^savagery to its final overthrow in civilization for it was
;

under gentile institutions that barbarism was won by

v

some of the tribes of mankind while in savagery, and that

civilization was won by the descendants of some of the
same tribes while in barbarism. Gentile institutions car-
ried a portion of mankind from savagery to civilization.
This organization may be successfully studied both in
its living and in its historical forms in a large number
of tribes and races. In such an investigation it is pre-
ferable to commence with the gens in its archaic form,
and then to follow it through its successive modifications
among advanced nations, in order to discover both the
changes and the causes which produced them. I shall
commence, therefore, with the gens as it now exists
among the American aborigines, where it is found in its
archaic form, and among whom its theoretical constitu-
tion and practical workings can be investigated more suc-
cessfully than in the historical gentes of the Greeks and
Romans. In fact to understand fully the gentes of the
latter nations a knowledge of the functions, and of the
rights, privileges and obligations of the members of the
American Indian gens is imperatively necessary.
In American Ethnography tribe and clan have been
used in the place of gens as an equivalent term, from
not perceiving its universality. In previous works, and
folowing my predecessors, I have so used them.
1
A
comparison of the Indian clan with the gens of the
Greeks and Romans reveals at once their identity in
structure and functions. It also extends to the phratry
and tribe. If the identity of these several organizations

i In "Letters on the Iroquois by Skenandoah," published in

the "American Review" in 1847; in the "League of the Iro-
quois," published in 1851; and in "Systems of Consanguinity
and Affinity of the Human Family/' published in 1871. (Smith-
sonian Contributions to Knowledge," vol. xvii.) I have used
"tribe" as the equivalent of "yens," and in its place; but with
an exact definition of the group.
 IROQUOIS GENS 45

can be shown, of which there can be no doubt, there is

a manifest propriety in returning to the Latin and Gre-
cian terminologies which are full and precise as well as
historical. I have made herein the substitutions required,
and propose to show the parallelism of these several or-
ganizations.
The plan of government of the American aborigines
commenced with the gens and ended with the confeder-
acy, the latter being the highest point to which their gov-
ernmental institutions attained. It gave for the organic
series: first, the gens, a body of consanguinei having a
common gentile name; second, the phratry, an assem-
blage of related gentes united in a higher association for
certain common objects; third, the tribe, an assemblage
of gentes, usually organized in phratries, all the mem-
bers of which spoke the same dialect and fourth, a con-
;

federacy of tribes, the members of which respectively

spoke dialects of the same stock language. It resulted
in a gentile society (societas), as distinguised from a
political society or state (civitas). The difference be-
tween the two is wide and fundamental. There was
neither a political society, nor a citizen, nor a state, nor
any civilization in America when it was discovered. One
entire ethnical period intervened between the highest
American Indian tribes and the beginning of civiliza-
tion, as that term is properly understood.
In like manner the plan of government of the Gre-
cian tribes, anterior to civilization, involved the same
organic series, with the exception of the last member:
first, the gens, a body of consanguinei bearing a common

gentile name; second, the phratry, an assemblage of

gentes, united for social and religious objects third, the
;

tribe, an assemblage of gentes of the same lineage or-

ganized in phratries; and fourth, a nation, an assem-
blage of tribes who had coalesced in a gentile society
upon one common territory, as the four tribes of the
Athenians in Attica, and the three Dorian tribes at
%
Sparta. Coalescence was a higher process than confeder-
'ating. In the latter case the tribes occupied independent
termories,
M ANCIENT SOCIETY

The Roman plan and series were the same First, the
:

gens, a body of consanguinei bearing a common gentile

name ; second, the curia, an assemblage of gentes united
in a higher association for the preformance of religious
and governmental functions; third, the tribe, an assem-
blage of gentes organized in curiae; and fourth, a nation,
an assemblage of tribes who had coalesced in a gentile
society. The early Romans styled themselves, with en-
tire propriety, the Populus Romanus.
Wherever gentile institutions prevailed, and prior to
the establishment of political society, we find peoples or
nations in gentile societies, and nothing beyond. The
state did not exist. Their goverments were essentially
/democratical, because the principles on which the gens,
t phratry
and tribe were organized were democratical.
'This last proposition, though contrary to received opini-
ons, is historically important. The truth of it can be
tested as the gens, phratry and tribe of the American
aborigines, and the same organizations among the Greeks
and Romans are successively considered. As the gens,
the unit of organization, was essentially democratical, so
necessarily was the phratry composed of gentes, the tribe
composed of phraties, and the gentile society formed by
the confederating, or coalescing of tribes.
The gens, though a very ancient social organization
founded upon kin, does not include all the descendants
of a common ancestor. It was for the reason that when
the gens came in, marriage between single pairs was un-
known, and descent through males could not be traced
with certainty. Kindred were linked together chiefly
through the bond of their maternity. In the ancient gens
descent was limited to the female line. It embraced all
such persons as traced their descent from a supposed
common female ancestor, through females, the evidence
of the fact being the possession of a common gentile
name. It would include this ancestor and her children,
the children of her daughters, and the children of her
female descendants, through females, in
perpetuity^
whilst the children of her sons, and the children of her'
male descendants, through males, would belong to other
 IROQUOIS GENS 67

gentes; namely, those of their respective mothers. Such

was the gens in its archaic form, when the paternity of
children was not certainly ascertainable, and when their
maternity afforded the only certain criterion of descents.
This state of descents, which can be traced back to the
Middle Status of savagery, as among the Australians,
remained among the American aborigines through the
Upper Status of savagery, and into and through the
Lower Status of barbarism, with occasional exceptions.
In the Middle Status barbarism, the Indian tribes began
to change descent from the female line to the male, as
the syndyasmian family of the period began to assume
monogamian characteristics. In the Upper Status of
barbarism, descent had become changed to the male line
among the Grecian tribes, with the exception of the
Lycians, and among the Italian tribes, with the excep-
tion of the Etruscans. The influence of property and its
inheritance in producing the monogamian family which
assured the paternity of children, and in causing a change
of descent from the female line to the male, will be con-
sidered elsewhere. Between the two extremes, repre-
sented by the two rules of descent, three entire ethnical
periods intervene, covering many thousands of years.
With descent in the male line, the gens embraced all
persons who traced their descent from a supposed com-
mon male ancestor, through males only, the evidence of
the fact being, as in the other case, the possession of a
common gentile name. It would include this ancestor
and his children, the children of his sons, and the chil-
dren of his male descendants, through males, in perpe-
tuity whilst the children of his daughters, and the chil-
;

dren of his female descendants, through females, would

belong to other gentes ; namely, those of their respective
fathers. Those retained in the gens in one case were
those excluded in the other, and vice versa. Such was
the gens in its final form, after the paternity of children
became ascertainable through the rise of monogamy.
The transition of a gens from one form into the other
was perfectly simple, without involving its overthrow.
All that was needed was an adequate motive, as will else-
68 ANCIENT SOCIETY

where be shown. The same gens, with descent changed

to the male line, remained the unit of the social system.
It could not have reached the second form without pre-
viously existing in the first.
As intermarriage in the gens was prohibited, it with-
drew its members from the evils of consanguine marri-
ages, and thus tended to increase the vigor of the stock.
The gens came into being upon three principal concep-
tions, namely; the bond of kin, a pure lineage through
descent in the female line, and non-intermarriage in the
gens. When the idea of a gens was developed, it would
naturally have taken the form of gentes in pairs, be-
cause the children of the males were excluded, and be-
cause it was equally necessary to organize both classes
of descendants. With two gentes started into being
simultaneously the whole result would have been at-
tained; since the males and females of one gens would
marry the females and males of the other and the chil-
;

dren, following the gentes of their respective mothers,

would be divided between them. Resting on the bond
of kin as its cohesive principle the gens afforded to
each individual member that personal protection which
no other existing pqwer could give.
After considering the rights, privileges and obligations
of its members it will be necessary to follow the gens
in its organic relations to a phratry, tribe and confeder-
acy, in order to find the uses to which it was applied, the
privileges which it conferred, and the principles which
it fostered. The gentes of the Iroquois will be taken as
the standard exemplification of this institution in the
Ganowanian family. They had carried their scheme of
government from the gens to the confederacy, making it
complete in each of its parts, and art excellent illustra-
tion of the capabilities of the gentile organization in its
archaic form. When discovered the Iroquois were in
the Lower Status of barbarism, and well advanced in the
arts of life pertaining to this condition. They manu-
factured nets, twine and rope from filaments of bark;
wove belts and burden straps, with warp and woof, from
the same materials; they manufactured earthen .vessels
 IROQUOIS GENS 0?

and pipes from clay mixed with siliceous materials and

hardened by fire, some of which were ornamented with
rude medallions; they cultivated maize, beans, squashes,
and tobacco, in garden beds, and made unleavened bread
from pounded maize which they boiled in earthern ves-
1
sels; they tanned skins into leather with which they
manufactured kilts, leggins, and moccasins; they used
the bow and arrow and warclub as their principal weap-
ons; used flint stone and bone implements, wore skin
garments, and were expert hunters and fishermen. They
constructed long joint-tenement houses large enough to
accommodate five, ten, and twenty families, and each
household practiced communism in living but they were ;

unacquainted with the use of stone or adobe-brick in

house architecture, and with the use of the native metals.
In mental capacity and in general advancement they were
the representative branch of the Indian family north of
New Mexico. General F. A. Walker has sketched their
military career in two paragraphs: "The career of the
Iroquois was simplyterrific. They were the scourge of
God upon the aborigines of the continent."
From lapse of time the Iroquois tribes have come to
differ slightly in the number, and in the names of their
respective gentes. The largest number being eight, as
follows :
Senecas. I. Wolf. 2. Bear. 3. Turtle. 4. Beaver.
5. Deer. 6. Snipe. 7. Heron. 8. Hawk.
Cayugas. i. Wolf. 2. Bear. 3. Turtle. 4. Beaver.
5. Deer. 6. Snipe. 7. Eel. 8. Hawk.

Onondagas. i. Wolf. 2. Bear. 3. Turtle. 4. Beaver.

5. Deer. 6. Snipe. 7. Eel. 8. Ball.
Oneidas.- i. Wolf. 2. Bear. 3.Turtle.
Mohawks. i. Wolf. 2. Bear. 3. Turtle.
Tuscaroras. i. Gray Wolf. 2. Bear. 3. Great Turtle.
4. Beaver. 5. Yellow Wolf. 6. Snipe. 7. Eel. 8. Lit-
tle Turtle.
These changes show that certain gentes in some of the

i These loaves or cakes were about six inches In diameter

and an inch thick.
"North American Review/' April No., 1873, p. S70 Note,
 sooiarr

tribes have become extinct through the vicissitudes ol

time ; and that others have been formed by the segmen-
tation of over-full gentes.
With a knowledge of the rights, privileges and obliga-
members of a gens, its capabilities as the unit
tions of the
of a socialand governmental system will be more fully
understood, as well as the manner in which it entered
into the higher organizations of the phratry, tribe, and
confederacy.
The gens is individualized by the following rights,
privileges, and obligations conferred and imposed upon
its members, and which made up the jus gentilicium.
I. The right of electing its sachem and chiefs.
II. The right of deposing its sachem and chiefs.
III. The obligation not to* marry in the gens.
IV. Mutual rights of inheritance of the, property of
deceased members.
V. Reciprocal obligations of help, defense, and re-
dress of injuries.
VI. The right of bestowing names upon its members.
VII. The right of adopting strangers into the gens.
VIII. Common
religious rites, query.
IX. A common
burial place.
X. A
council of the gens.
These functions and attributes gave vitality as well as
individuality to the organization, and protected the per-
sonal rights of its members.
I. The
right of electing its sachem and chiefs.
Nearly the American Indian tribes had two grades
all
of chiefs, who may be distinguished as sachems and com-
mon chiefs. Of these two primary grades all other grades
were varieties. They were elected in each gens from
among its members. A
son could not be chosen to suc-
ceed his father, where descent was in the female line, be-
cause he belonged to a different gens, and no gens would
have a chief or sachem from any gens but its own. The
office of sachem was hereditary in the gens, in the sense
that it was filled as often as a vacancy occurred; while
the office of chief was. non-hereditary, because it was be-
stowed in reward of personal merit, and died with the
individual. Moreover, the duties of a sachem were con-
fined to the affairs of peace. He could not go out to war
as a sachem. On the other hand, the chiefs who were
raised to office for personal bravery, for wisdom in af-
fairs,or for eloquence in council, were usually the su-
perior class in ability, though not in authority over the
gens. The relation of the sachem was primarily to the
gens, of which he was the official head; while that of
the chief was primarily to the tribe, of the council of
which sachem, were members.
he, as well as the
The office of sachem
had a natural foundation in the
gens, as an organized body of consanguine! which, as
such, needed a representative head. As an office, how-
it is older than the
ever, gentile organization, since it is
found among tribes not thus organized, but among .whom
it had a similar basis in the punaluan group, and even in

the anterior horde. In the gens the constituency of the

sachem was clearly defined, the basis of the relation was
permanent, and its duties paternal. While the office
was hereditary in the gens it was elective amonff its male
members. When the Indian system of consanguinity is
considered, it will be found that all the male members of
a gens were either brothers to each other, own or col-
lateral, uncles or nephews, own or collateral, or col-
1
lateralgrandfathers and grandsons. This will explain
the succession of the office of sachem which passed from
brother to brother, or from uncle to nephew, and very
rarely from grandfather to grandson. The choice, which
was by free suffrage of both males and females of adult
age, usually fell upon a brother of the decased sachem,
or upon one of the sons of a sister; an own brother, or
the son of an own sister being most likely to be prefer-
red. As between several brothers, own and collateral,
on the one hand, and the sons of several sisters, own and
collateral, on the other, there was no priority of right,

I The sons of several sisters are brothers to each other,

instead of cousins. The latter are here distinguished as col-
lateral brothers. So a man's brother's son is his son instead of
fels nephew; while his collateral sister's son is his nephew, at
well as his own sister's son. The former is distinguished as
a collateral nephew.
TJ ANCIENT SOCIETY

for the reason that all the male members of the gens
were equally eligible. To make a choice between them
was the function of the elective principle.
Upon the death of a sachem, for example among the
1
Seneca-Iroquois, a council of his gentiles was convened
to name his successor. Two candidates, according to
their usages, must be voted upon; both of them members
of the gens. Each person of adult age was called upon
to express his or her preference, and the one who re-
ceived the largest number of affirmative declarations was
nominated. It still required the assent of the seven re-
maining gentes before the nomination was complete. If
these gentes, who met for the purpose by phratries, re-
fused to confirm the nomination it was thereby set aside,
and the gens proceeded to make another choice. When
the person nominated by his gens was accepted by the
remaining gentes the election was complete but it was ;

still necessary that the new sachem should be raised up,

to use their expression, or invested with his office by a
council of the confederacy, before he could enter upon
its duties. It was their method of conferring the tw-

perium. In this- manner the rights and interests of the

several gentes were consulted and preserved; for the
sachem of a gens was ex officio a member of the council
of the tribe, and of the higher council of the confeder-
acy. The same method of election and of confirmation
existed with respect to the office of chief, and for the
same reasons. But a general council was never con-
vened to raise up chiefs below the grade of a sachem.
They awaited the time when sachems were invested.
The principle of democracy, which was born of the
gentes, manifested itself in the retention by the gentiles
of the right to elect their sachem and chiefs, in the safe-
guards thrown around the office to prevent usurpation,
and in the check upon the election held by the remain-
ing gentes.
The chiefs in each gens were usually proportioned

t Pronounced "gren'-tl-lee," it may be remarked to thoie un-

familiar with Latin.
 IROQUOIS GENS flft

to the number of its 'members. Among the Seneca-Iro-

quois there is one chief for about every fifty persons.
They now number in New York some three thousand,
and have eight sachems and about sixty chiefs. There
are reasons for supposing that the proportionate number
is now greater than in former times. With respect to the
number of gentes in a tribe, the more numerous the peo-
ple the greater, usually, the number of gentes. The num-
ber varied in the different tribes, from three among the
Delawares and Munsees to upwards of twenty among the
Ojibwas and Creeks; six, eight, and ten being common
numbers.
II. The right of deposing its sachem and chiefs.
This right, which was not less important than that to
elect, was reserved by the members of the gens. Although
the office was nominally for life, the tenure was practi-
cally during good behavior, in consequence of the power
to depose. The installation of a sachem was symbolized
as "putting on the horns," and his deposition as "taking
off the horns." Among widely separated tribes of man-
kind horns have been made the emblem of office and of
authority, suggested probably, as Tylor intimates, by the
commanding appearance of the males among ruminant
animals bearing horns. Unworthy behavior, followed
by a loss of confidence, furnished a sufficient ground for
deposition. When a sachem or chief had been deposed
in due form by a council of his gens, he ceased there-
after to be recognized as such, and became thenceforth
a private person. The council of the tribe also had
power to depose both sachems and chiefs, without wait-
ing for the action of the gens, and even against its
wishes. Through the existence and occasional exercise
of this power the supremacy of the gentiles over their
sachem and chiefs was asserted and preserved. It also
reveals the democratic constitution of the gens.
III. The obligation not to marry in the gens.
Although a negative proposition it was fundamental.
It was evidently a primary object of the organization to
isolate a moiety of the descendants of a supposed founder,
and prevent their intermarriage for reasons of kin. When
94

the gens came into existence brothers were intermarried

to each other's wives in a group, and sisters to each
other's husbands in a group, to which th^ gens inter-
posed no obstacle. But it sought to exclude brothers and
sisters from the marriage relation which was effected,
as there are good reasons
for stating, by the prohibition
in question. Had
the gens attempted to uproot the en-
tire conjugal system of the period by its direct action,
there is not the slightest probability that it would have
worked its way into general establishment. The gens,
originating probably in the ingenuity of a small band of
savages, must soon have proved its utility in the pro-
duction of superior men. Its nearly universal prevalence
in the ancient world is the highest evidence of the ad-
vantages it conferred, and of its adaptability to human
wants in savagery and in barbarism. The Iroquois still
adhere inflexibly to the rule which forbids persons to
marry in their own gens.
IV. Mutual rights of inheritance of the property of
deceased members.
In the Status of savagery, and in the Lower Status of
barbarism, the amount of property was small. It con-
sisted in the former condition of personal effects, to
which, in the latter, were added possessory rights in
joint-tenement houses and in gardens. The most valu-
able personal articles were buried with the body of the
deceased owner. Nevertheless, the question of inherit-
ance was certain to arise, to increase in importance with
the increase of property in variety and amount, and to
result in some settled rule of inheritance. Accordingly
we find the principle established low down in barbarism,
and even back of that in savagery, that the property
should remain in the gens, and be distributed among the
gentiles of the deceased owner. It was customary law
in the Grecian and Latin gentes in the Upper Status of
barbarism, and remained as written law far into civili-
zation, that the property of a deceased person should re-
main in the gens. But after the time of Solon among
the Athenians it was .limited to cases of intestacy.
The question, who should take the property, has given
 iRogtiois

rise to three great and successive rules of inheritance.

First, that should be distributed among the gentiles of
it

the deceased owner. This was the rule in the Lower

Status of barbarism, and so far as is known in the Status
of savagery. Second, that the property should be dis-
tributed among the agnatic kindred of the deceased
owner, to the exclusion of the remaining gentiles. The
germ of this rule makes its appearance in the Lower Sta-
tus of barbarism, and it probably became completely
established in the Middle Status. Third, that the prop-
erty should be inherited by the children of the deceased
owner, to the exclusion of the remaining agnates. This
became the rule in the Upper Status of barbarism.
Theoretically, the Iroquois were under the first rule;
but, practically, the effects of a deceased person were ap-
propriated by his nearest relations within the gens. In
the case of a male his own brothers and sisters and
maternal uncles divided his effects among themselves.
This practical limitation of the inheritance to the nearest
gentile kin discloses the germ of agnatic inheritance. In
the case of a female her property was inherited by her
children and her sisters, to the exclusion of her brothers.
In every case the property remained in the gens. The
children of the deceased males took nothing from their
father because they belonged to a different gens. It was
for the same reason that the husband took nothing from
the wife, or the wife from her husband. These mutual
right of inheritance strengthened the autonomy of the
gens.
V. Reciprocal obligations? of help, defense, and redress
of injuries.
In civilized society the state assumes the protection of
persons and of property. Accustomed to look to this
source for the maintenance of personal rights, there has
been a corresponding abatement of the strength of the
bond of kin. But under gentile society the individual
depended for security upon his gens. It took the place
afterwards held by the state, and possessed the requisite
numbers to render its guardianship effective. Within its
membership the bond of kin was a powerful element for
J0 AKCIENT

mutual support. To wrong a person was to wrong his

gens; and to support a person was to stand behind him
with the entire array of his gentile kindred.
In their trials and difficulties the members of the gens
assisted each other. Two or three illustrations may be
given from the Indian tribes at large. Speaking of the
Mayas of Yucatan, Herrera remarks, that "when any
satisfaction was to be made for damages, if he who was
adjudged to pay was like to be reduced to poverty, the
kindred contributed." l By the term kindred, as here
used, we are justified in understanding the gens. And
of the Florida Indians "When a brother or son dies the
:

people of the house will rather starve than seek any-

thing to eat during three months, but the kindred and
relations send it aril in." 8 Persons who removed from
one village to another could not transfer their possessory
right to cultivated lands or to a section of a joint-tene-
ment house to a stranger; but must leave them to his
gentile kindred. Herrera refers to this usage among the
Indian tribes of Nicaragua ; "He that removed from one
town to another could not sell what he had, but must
8
leave it to his nearest relation." So much of their prop-
erty was held ownership that their plan of life
in joint
would not admit of its alienation to a person of another
gens. -Practically, the right to such property was pos-
sessory, and when abandoned it reverted to the gens.
Garcilasso de la Vega remarks of the tribes of the Pe-
ruvian Andes, that "when the commonalty, or ordinary
sort, married, the communities of the people were obliged
to build and provide them houses." 4 For communities,
as here used, we are justified in understanding the gens.
Herrera speaking of the same tribes observes that "this
variety of tongues proceed from the nations being divided
*
into races, tribes, or clans." Here the gentiles were re-
quired to assist newly married pairs in the construction
of their houses.

i "History of America/' Lond. ed., 1725, Steven*' Trans., iv, 171.

a Ib., iv. 34.
"History of America," ill, 208.
4 "Royal Commentaries," Lond. ed., 1688, Rycaut's Trans.,
p. 107.
1

| Herrera, ir, 231.

 *
IROQtTOIS GENS

The ancient practice of blood revenge, which has pre-

vailed so widely in the tribes of mankind, had its birth-
place in the gens. It rested with this body to avenge
the murder of one of its members. Tribunals for the
trial of criminals and laws prescribing their punishment,
came late into existence in gentile society : but they made
their appearance before the institution of political soci-
ety. On the other hand, the crime of murder is as old
as human society, and its punishment by the revenge of
kinsmen is as old as the crime itself. Among the Iro-
quois and other Indian tribes generally, the obligation to
avenge the murder of a kinsman was universally recog-
nized. 1
It was, however, the duty of the gens of the slayer,
and of the slain, to attempt an adjustment of the crime
before proceeding to extremities. A
council of the mem-
bers of each gens was held separately, and propositions
were made in behalf of the murderer for a condonation
of the act, usually in the nature of expressions of regret
and of presents of considerable value. If there were
justifying or extenuating* circumstances it generally re-
sulted in a composition ; but if the gentile kindred of the
slain person were implacable, one or more avengers were
appointed by his gens from among its members, whose
duty is was to pursue the criminal until discovered, and
then to slay him wherever he might be found. If they
accomplished the deed it was no ground of complaint by
any member of the gens of the victim. Life having
answered for life the demands of justice were appeased.
The same sentiment of fraternity manifested
other ways in relieving a fellow gentilis in
in protecting him from injuries.
VI. The right of bestmving names u P
Among savage and barbaroustribes qfiCre^vrno name
for the family. The personal names
the same family do not indicate any

i "Their hearts burn violently day and nil

minion till they have shed blood for blot
from father to son the memory of the loaa ^
or one of their own tribe, or family, though
woman." Adair'i "Hilt. Amer. Indiana/' Lond.
 98 'ANCIENT SOCIETY

between them. The family name is no older than civili-i

1
zation. Indian personal names, however, usually indi-
cate the gens of the individual to persons of other gentes
in the same tribe. As a rule each gens had names for
persons that were its special property, and, as such, could
not be used by other gentes of the same tribe. gentileA
name conferred of itself gentile rights. These names
either proclaimed by their signification the gens to which
they belonged, or were known as such by common repu-
*
tation.
After the birth of a child a name was selected by its
mother from those not in use belonging to the gens, with
the concurrence of her nearest relatives, which was then
bestowed upon the infant But the child was not fully
christened until its birth and name, together with the
name and gens of its mother and the name of its father,
had been announced at the next ensuing council of the
tribe. Upon the death of a person his name could not
be used again in the life-time of the oldest surviving son
without the consent of the latter. *
Two classes of names were in use, one adapted to
childhood, and the other to adult life, which were ex-
changed at the proper period in the same formal manner ;
one being taken away, to use their expression, and the
other bestowed in its place. O-w?-go, a canoe floating
down the stream, and Ah-wou'-ne-ont, hanging flower;
are names for girls among the Seneca-Iroquois ; and
Ga-ne-o-di'-yo, handsome lake, and Do-ne-ho-ga'-weh
door-keeper, are names of adult males. At the age of
sixteen or eighteen, the first name was taken away, usu-
ally by a chief of the gens, and one of the second class
1 Moinmsen's ''History of Rome,** Scrlbner's ed., Dlckson's
Trans., 1* 4*.
2 One of the twelve gentes of the Omaha* is LA'-ta-dt, the
Pigeon-Hawk,, which has, amons; others, the following names:
> <
Boys' Names.
Ah-hIse'-n*-<U, "Long Win*"
Gla-dan'-noh*che, "Hawk balancing- Itself In the air."
Nes-tase'-U, "White-Eyed Bird."
Girls' Names.
.
Me-ta'-na, 'Bird singing at daylight."
r
Lt-tt-dl'-wlB, "One of the Birds.'
Wi-U'-na, "Bird's Egg."
j When particular usages are named it will be understood
they ar* IroQuols unless the contrary is stated.
 IROQUOIS GENS ft

bestowed in its place. At the next council of the tribe

the change of names was publicly announced, after which
the person, if a male, assumed the duties of manhood.
In some Indian tribes the youth was required to go out
upon the war-path and earn his second name by some
act of personal bravery. After a severe illness it was
not uncommon for the person, from superstitious con-
siderations, to solicit and obtain a second change of
name. It was sometimes done again in extreme old age.
When a person was elected a sachem or a chief his name
was taken away, and a new one conferred at the time of
his installation. The individual had no control over the
question of a change. It is the prerogative of the female
relatives and of the chiefs; but an adult person might
change his name provided he could induce a chief to
announce it in council. A person having the control of
a particular name, as the eldest son of that of his de-
ceased father, might lend it to a friend in another gens ;

but after the death of the person thus bearing it the name
reverted to the gens to which it belonged.
Among the Shavvnees and Delawares the mother has
now the right to name her child into any gens she pleases ;

and the name given transfers the child to the gens to

which the name belongs. But this is a wide departure
from archaic usages, and exceptional in practice. It
tends to corrupt and confound the gentile lineage. The
names now in use among the Iroquois and among other
Indian tribes are, in the main, ancient names handed
down in the gentes from time immemorial.
The precautions taken with respect to the use of names
belonging to the gens sufficiently prove the importance
attached to them, and the gentile rights they confer.
Although this question of personal names branches out
in many direction it is foreign to my purpose to do more
than illustrate such general usages as reveaf the relations
of the members of a gens. In familiar intercourse and
in formal salutation the American Indians address each
other by the term of relationship the person spoken to
sustains to the speaker. When related they salute by
kin; when not related "my friend" is substituted. It
SC ANCIENT SOCIETY

would be esteemed an act of rudeness to address an In-

dian by his personal name, or to inquire his name directly
from himself.
Our Saxon ancestors had single personal names down
to the Norman conquest, with none to designate the fam-
ily. This indicates the late appearance of the mono-
gamian family among them and ; it raises a presumption
of the existence in an earlier period of a Saxon gens.

VII. The right of adopting strangers into the gens.

Another distinctive right of the gens was that of ad-

mitting new members by adoption. Captives taken in
war were either put to death, or adopted into some gens.
Women and children taken prisoners usually experienced
clemency in this form. Adoption not only conferred
gentile rights, but also the nationality of the tribe. The
person adopting a captive placed him or her in the rela-
tion of a brother or sister; if a mother adopted, in that
of a son or daughter; and ever afterwards treated the
person in all respects as though born in that relation.
Slavery, which in the Upper* Status of barbarism became
the fate of the captive, was unknown among tribes in the
Lower Status in the aboriginal period. The gauntlet
also had some connection with adoption, since the person
who succeeded, through hardihood or favoritism, in run-
ning through the lines in safety was entitled to this re-
ward. Captives when adopted were often assigned in
the family the places of deceased persons slain in battle,
in order to fill up the broken ranks of relatives. de- A
clining gens might replenish its
numbers, through adop-
tion, although such instances are rare.. At one time the
Hawk gens of the Senecas were reduced to a small num-
ber of persons, and its extinction became imminent To
save the gens a number of persons from the Wolf gens
by mutual consent were transferred in a body by adop-
tion to that of the Hawk. The right to adopt seems to
be left to the discretion, of each gens.

Among the Iroquois the ceremony of adoption was

 IROQUOIS OENS g|

performed at a public council of the tribe, which turned

1
it practically into a religious rite.
VIII. Religious rites in the gens. Query.
Among the Grecian and Latin tribes these rites held
a conspicuous position. The highest polytheistic form
of religion which had then appeared seems to have sprung
from the gentcs in which religious rites were constantly
maintained. Some of them, from the sanctity they were
supposed to possess, were nationalized. In some cities
the office of high priest of certain divinities was heredit-
a
ary in a particular gens. The gens became the natural
centre of religious growth and the birthplace of religious
ceremonies.
But the Indian tribes, although they had a polytheistic
system, not much unlike that from which the Grecian and
Roman must have sprung, had not attained that religious
development which was so strongly impressed upon the
gentes of the latter tribes. It can scarcely be said any
Indian gens had special religious rites; and yet their
religious worship had a more or less direct connection
with the gentes. It was here that religious ideas would
naturally germinate and that forms of worship would be
instituted. But thev would expand from the gens over
the tribe, rather than remain special to the gens. Ac-
cordingly we find among the Iroquois six annual religi-
ous festivals, (Maple, Planting. Berry, Green-Corn, Har-
vest, and New Years Festivals) 8
which were common to
all the gentes united in a tribe, and which were observed
at stated seasons of the year.
Each gens furnished a number of "Keepers of the

After the people had assembled at the council house one of

i

the chiefs made an address giving some account of the person,

the reason for hie adoption, the name and gens of the person
adopting, and the name bestowed upon the novitiate. Two
chiefs taking the person by the arms then marched with h|ai
through the council house* and back, ohanting the sons; of
adoption. To this the people responded In musical chorus at
the end of each verse. The march continued until the verses
were ended, which required three rounds. With this the cere-
mony concluded. Americans are sometime* adopted as a com*
pliment. It fell to my lot some years ago to be thus adopted
Into the Hawk gens of the Senecas, when this ceremony waf
"Hist, of Grec," t 194.
^ "League of the Iroquois/' p. 111.
01 ANCIENT SOCIETY

Faith/' both male and female, who together were charged

with the celebration of these festivals. 1 The number ad-
vanced to this office by each was regarded as evidence
of the fidelity of the gens to religion. They designated
the days for holding the festivals, made the necessary
arrangements for the celebration, and conducted the cer-
emonies in conjunction with the sachems and chiefs of
the tribe, who were, exofficio, "Keepers of the Faith."
With no and none of the marks of a priest-
official head,
hood, their functions were equal. The female "Keepers
of the Faith" were more especially charged with the
preparation of the feast, which was provided at all coun-
cils at the close of each day for all persons in attendance.
It was a dinnerin common. The religious rites apper-
taining to these festivals, which have been described in
a previous work, 1 need not be considered further than to
remark, that their worship was one of thanksgiving, with
invocations to the Great Spirit, and to the Lesser Spirits
to continue to them the blessings of life.

With the progress of mankind out of the Lower into

the Middle, and more especially out of the latter into the
Upper Status of barbarism, the gens became more the
centre of religious influence and the source of religious
development. Wehave only the grosser part of the
Aztec religious system ; but in addition to national gods,
there seem to have been other gods, belonging to smaller
divisions of the people than the phratries. The existence
of an Aztec ritual and priesthood would lead us to ex-
pect among them a closer connection of religious rites
with the gentes than is found among the Iroquois; but

i The "Keeper* of the Faith" were about as numerous as the

chief*,and were selected by the wise-men and matron* of each
gens. After their selection they were raised up by a council
of the tribe with ceremonies adapted to the occasion. Their
names were taken away and new ones belonging to this class
bestowed in their place. Men and women in about equal num-
bers were chosen. They were censors of the people, with power
to report the evil deeds of persons to the council. 7t was the
duty of individuals selected to accept the office: hut after a
reasonable service each mifht relinquish it, which was done
by dropping his name as a Keeper of the Faith, twid resuming
his former name.
"League of the Iroquois," p. 181.
 IROQUOIS GENS SI

their religious beliefs and observances are under the same

cloud of obscurity as their social organization.
IX. Acommon burial place.
An ancient but not exclusive mode of burial was by
scaffolding the body until the flesh had wasted, after
which the bones were collected and preserved in bark
barrels in a house constructed for their reception. Those
belonging to the same gens were usually placed in the
same house. The Rev. Dr. Cyrus Byington found these
practices among the Choctas in 1827 and Adair mentions
;

usages among the Cherokees substantially the same. "I

saw three of them," he remarks, "in one of their towns
* * Each house contained the
pretty near each other;
bones of one tribe separately, with the hieroglyphical
figures of each family [gens] on each of the oddshaped
arks. They reckoned it irreligious to mix the bones of
a relative with those of a stranger, as bone of bone and
1
flesh of flesh should always be jointed together." The
Iroquois in ancient times used scaffolds and preserved
the bones of deceased relatives in bark barrels, often
keeping them in the house they occupied. They also
buried in the ground. In the latter case those of the
same gens were not always buried locally together un-,
less they had a common cemetery for the village. The
late Rev. Ashur Wright, so long a missionary among the
Senecas, and a noble specimen of the American mission-
ary, wrote to the author as follows; "I find no trace of
the influence of clanship in the burial places of the dead.
I believe that they buried promiscuously. However, they
say that formerly the members of the different clans
more frequently resided together than they do at the
present time. As one family they were more under the
influence of family feeling, and had less of individual
interest Hence, it
might occasionally happen that a
large proportion of the dead in some partiular burying
place might be of the same clan." Mr. Wright is un-
doubtedly correct that in a particular cemetery members
of all the gentes established in a village would be buried ;

i "HUtory of the American Indian*/' p. 181.

 4 ANCIENT SOCIETY

but they might keep those of the same gens locally to-
gether. An illustration in point is now found at the
Tuscarora reservation near Lewiston, where the tribe
has one common cemetery, and where individuals of the
same gens are buried in a row by themselves. One row
is composed of the graves of the deceased members of
the Beaver gens, two rows of the members of the Bear
gens, one row of the Gray Wolf, one of the Great Turtle,
and so on to the number of eight rows. Husband and
wife are separated from each other and buried in dif-
ferent rows; fathers and their children the same; but
mothers and their children and brothers and sisters are
found in the same row. It shows the power of gentile
feeling^ and the quickness with which ancient usages are
reverted to under favorable conditions; for the Tus-
caroras are now christianized without surrendering the
practice. An Onondaga Indian informed the writer that
the same mode of burial by gentes now prevailed at the
Onondaga and Oneida cemeteries. While this usage,
perhaps, cannot be declared general among the Indian
tribes, there was undoubtedly in ancient times a tendency
to, and preference for this mode of burial.
Among the Iroquois, and what is true of them Is gen-
erally true of other Indian tribes in the same status of
advancement, all the members of the gens are mourners
at the funeral of a deceased gentilis. The addresses at
the funeral, the preparation of the grave, and the burial
of the body were performed by members of other gentes.
The Village Indians of Mexico and Central America
practiced a slovenly cremation, as well as scaffolding,
and burying in the ground. The former was confined to
chiefs and prominent men.
X. A council of the gens.
The council was the great feature of ancient society,
Asiatic, European and American, from the institution of
the gens in savagery to civilization. It was the instru-
ment of government as well as the supreme authority
over the gens, the tribe, and the confederacy. Ordinary
affairs were adjusted by the chiefs ; but those of general
nferest were submitted to the determination of a coun-
 IROQUOIS GENS 86

cil. As the council sprang from the gentile organization

the two institutions have come down together through
the ages. The Council of Chiefs represents the ancient
method of evolving the wisdom of mankind and applying
it to human affairs. Its history, gentile, tribal, and con-
federate, would express the growth of the idea of gov-
ernment in its whole development, until political society
supervened into which the council, changed into a senate,
was transmitted.
The simplest and lowest form of the council was that
of the gens. It was a democratic assembly because
every adult male and female member had a voice upon
all questions brought before it. It elected and deposed
its sachem and chiefs, it elected Keepers of the Faith,
it condoned or
avenged the murder of a gentiles, and it
adopted persons into the gens. It was the germ of the
higher council of the tribe, and of that still higher of the
confederacy, each of which was composed exclusively of
chiefs as representatives of the gentes.
Such were the rights, privileges and obligations of the
members of an Iroquois gens; and such were those of
the members of the gentes of the Indian tribes generally,
as far as the investigation has been carried. When the
gentes of the Grecian and Latin tribes are considered,
the same rights, privileges and obligations will be found
to exist, with the exception of the I, II, and VI; and
with respect to these their ancient existence is probable
though the proof is not perhaps attainable.
All the members of an Iroquois gens were personally
free, and they were bound to defend each other's free-
dom they were equal in privileges and in personal
;

rights, the sachem and chiefs claiming no superiority;

and they were a brotherhood bound together by the ties
of kin. Liberty, equality, and fraternity, though never
formulated, were cardinal principles of the gens. These
facts are material, because the gens was the unit of a
social and governmental system, the foundation upon
which Indian society was organized. A structure com-
posed of such units would of necessity bear the impress
of their character, for as the unit so the compound It
 $0 ANCIENT SOCIETY

serves to explain that sense of independence and per*

sonal dignity universally an attribute of Indian character.
Thus substantial and important in the social system
was the gens as it anciently existed among the American
aborigines, and as it still exists in full vitality in many
Indian tribes. It was the basis of the phratry, of the
tribe, and the confederacy of tribes. Its functions might
have been presented more elaborately in several particu-
lars but sufficient has been given to show its permanent
;

and durable character.

At the epoch of European discovery the American
Indian tribes generally were organized in gentes, with
descent in the female line. In some tribes, as among the
Dakotas, the gentes had fallen out in others, as among
;

the Ojibwas, the Omahas, and the Mayas of Yucatan,

descent had been changed from the female to the male
line. Throughout aboriginal America the gens took its
name from some animal, or inanimate object, and never
from a person. In this early condition of society, the
individuality of persons was lost in the gens. It is at
least presumable that the gentes of the Grecian and Latin
tribes were so named at some anterior period but when
;

they first came under historical notice, they were named

after persons. In some of the tribes, as the Moqui Vil-
lage Indians of New Mexico, the members of the gem
claimed their descent from the animal whose name they
bore their remote ancestors having been transformed
by the Great Spirit from the animal into the human
form. The Crane gens of the Ojibwas have a similar
legend. In some tribes the members of a gens will not
eat the animal whose name they bear, in which they are
doubtless influenced by this consideration.
With respect to the number of persons in a gens it
varied with the number of the gentes, and with the pros-
perity or decadence of the tribe. Three thousand Sene-
cas divided equally among eight gentes would give* an
average of three hundred and seventy-five persons to a
gens. Fifteen thousand Ojibwas divided equally among
twenty-three gentes would give six hundred and fifty
persons to * gens. The Cherokees would average more
 tttOQUOXS GENS $7

than a thousand to a gens. In the present condition of

the principal Indian tribes the number of persons in each
gens would range from one hundred to a thousand.
1

One of the oldest and most widely prevalent institu-

tions of mankind, the gentes have been closely identi-
fied with human progress upon which they have exer-
cised a powerful influence. They have been found in
tribes in the Status of savagery, in the Lower, in the
Middle, and in the Upper Status of barbarism on differ-
ent continents, and in full vitality in the Grecian and
Latin tribes after civilization had commenced. Every
family of mankind, except the Polynesian, seems to have
come under the gentile organization, and to have been
indebted to it for preservation, and for the means of
progress. It finds its only parallel in length of duration
in systems of consanguinity, which, springing up at a still
earlier period, have remained to the present time, al-
though the marriage usages in which they originated
have long since disappeared.
From its early institution, and from its maintenance
through such immense stretches of time, the peculiar
adaption of the gentile organization to mankind, while in
a savage and in a barbarous state, must be regarded as
abundantly demonstrated.
 CHAPTER III

THE IROQUOIS PHRATRY

The phratry is a brotherhood, as the term imports, and
a natural growth from the organization into gentes. It
is an
organic union or association of two or more gentes
of the same tribe for certain common objects. These
gentes were usually such as had been formed by the
segmentation of an original gens.
Among the Grecian tribes, where the phratric organi-
zation was nearly as constant as the gens, it became a
very conspicuous institution. Each of the four tribes
of the Athenians was organized in three phratries, each
composed of thirty gentes, making a total of twelve
phratries and three hundred and sixty gentes. Such
precise numerical uniformity in the composition of each
phratry and tribe could not have resulted from the sub-
division of gentes through natural processes. It must
have been produced, as Mr. Grote suggests, by legis-
lative procurement in the interests of a symmetrical or-
ganization. All the gentes of a tribe, as a rule, were of
common descent and bore a common tribal name, conse-
quently it would not require severe constraint to unite
the specified number in each phratry, and to form the
specified number of phratries in each tribe. But the
phratric organization had a natural foundation in the
immediate kinship of certain gentes as subdivisions of an
original gens, which undoubtedly was the basis on which
the Grecian phratry was originally formed. The incor-
poration of alien gentes, and transfers by consent or
constraint, would explain the numerical adjustment of
the gentes and phratries in the Athenian tribes.
 IfcOQUOIS PHHATRY gft

The Roman curia was the analogue of the Grecian

phratry. It is constantly mentioned by Dionysius as a
l
phratry. There were ten gentes in each curia, and ten
curiae in each of the three Roman tribes, making thirty
curiae and three hundred gentes of the Romans. The
functions of the Roman curia are much better known
than those of the Grecian phratry, and were higher in
degree because the curia entered directly into the func-
tions of government. The assembly of the gentes (com-
itia curiata) voted by curiae, each having one collective
vote. This assembly was the sovereign power of the
Roman People down to the time of Servius Tullius.
Among the functions of the Grecian phratry was the
observance of special religious rites, the condonation or
revenge of the murder of a phrator, and the purifica-
tion of a murderer after he had escaped the penalty of
his crime preparatory to his restoration to society. 2 At v
a later period among the Athenians for the phratry at
Athens survived the institution of political society under
Cleisthenes it looked after the registration of citizens,
thus becoming the guardian of descents and of the evi-
dence of citizenship. The wife upon her marriage was
enrolled in the phratry of her husband, and the children
of the mariage were enrolled in the gens and phratry of
their father. It was also the duty of this organization
to prosecute the murderer of a phrator in the courts of
justice. These are among its known objects and func-
tions in the earlier and later periods. Were all the partic-
ulars fully ascertained, the phratry would probably
manifest itself in connection with the common tables,
the public games, the funerals of distinguished men, the
earliest army organization, and the proceedings of coun-
cils, as well as in the observance of religious rites and
in the guardianship of social privileges.
The phratry
existed in a large number of the Iribes
of the American aborigines, where it is seen to arise by
natural growth, and to stand as the second member of

i -"Dionyilut." lib. II. cap. vli; and vid. lib. II, c. zili.
* That purification was performed by the phratry if intimated
toy JEcchylus: "Eumenides," 656.
ftO ANCIENT SOCIETY

the organic series, as among the Grecian and Latin tribes.

It did not possess original governmental functions, as
the gens, tribe and confederacy possessed them; but it
was endowed with certain useful powers in the social
system, from the necessity for some organization larger
than a gens and smaller than a tribe, and especially when
the tribe was large. The same institution in essential
features and in character, it presents the organization
in its archaic form and with its archaic functions. A
knowledge of the Indian phratry is necessary to an in-
telligent understanding of the Grecian and the Roman.
The eight gentes of the Seneca-Iroquois tribe were
reintegrated in two phratries as follows :

First Phratry.
Gentes x m Bear. 2. Wolf. 3. Beaver. 4. Turtle.
Second Phratry.
Gentes 5. Deer. 6. Snipe. 7. Heron. 8. Hawk.
Each phratry (De-a-non-da'-yoh) is a brotherhood
as this term also imports. The gentes in the same phra-
try are brother gentes to each other, and cousin gentes
to -those of the other phratry. They are equal in grade,
character and privileges. It is a common practice of the
Senecas to call the gentes of their own phratry brother
gentes, and those of the other phratry their cousin gen-
tes, when they mention them in their relation to the phra-
tries. Originally marriage was not allowed between the
members of the same phratry but the members of either
;

could marry into any gens of the other. This prohibi-

tion tends to show that gentes of each phratry were sub-
divisions of an original gens, and therefore the prohibi-
tion against marrying into a person's own gens had fol-
lowed to its subdivisions. This restriction, however,
was long since removed, except with respect to the gens
of the individual. A
tradition of the Senecas affirms
that the Bear and the Deer were the original gentes, of
which the others were subdivisions. It is thus seen that
the phratry had a natural foundation in the kinship of
the gentes of which it was composed. After their sub-
division from increase of numbers .there was a natural
 JROQUOIS PHRATRY ft

tendency to their reunion in a higher organization for

objects common to them all. The same gentes are not
constant in a phratry indefinitely, as will appear when the
composition of the phratries in the remaining Iroquois
tribes is considered. Transfers of particular gentes from
one phratry to the other must have occurred when the
equilibrium in their respective numbers was disturbed.
It is important to know the simple manner in which this

organization springs up, and the facility with which it is

managed, as a part of the social system of ancient so-
ciety. With the increase of numbers in a gens, followed
by local separation of its members, segmentation occur-
red, and the seceding portion adopted a new gentile
name. But a tradition of their former unity would re-
main, and become the basis of their reorganization in a
phratry.
In likemanner the Cayuga-Iroquois have eight gentes
intwo phratries but these gentes are not divided equally
;

between them. They are the following :

First Phratry.
Gentes. I. Bear. 2. Wolf. 3. Turtle. 4. Snipe. 5. Eel.
Second Phratry.
Gentes. 6. Deer. 7. Beaver. 8. Hawk.
Seven of these gentes are the same as those of the
Senecas; but the Heron gens has disappeared, and the
Eel takes its place, but transferred to the opposite phra-
try. The Beaver and the Turtle gentes also have ex-
changed phratries. The Cayugas style the gentes of the
same phratry brother gentes to each other, and those of
the opposite phratry their cousin gentes.
The Onondaga-iroquois have the same number of
gentes, but two of them differ in name from those of the
Senecas. They are organized in two phratries as follows :
First Phratry.
Gentes. I. Wolf. 2. Turtle. 3. Snipe. 4. Beaver.
5. Ball.
Second Phratry.
Gentes. 6. Deer. 7. Eel. 8. Bear.
Here again the composition of the phratries is differ-
ent from that of the Senecas. Three of the gentes in the
 0$ ANCIENT SOCIETY

first phratry are the same in each; but the Bear gens
has been transferred to the opposite phratry and is now
found with the Deer. The division of gentes is also
unequal, as among the Cayugas. The gentes in the same
phratry are called brother gentes to each other, and those
in the other their cousin gentes. While the Onondagas
have no Hawk, the Senecas have no Eel gens; but the
members of the two fraternize when they meet, claiming
that there is a connection between them.
The Mohawks and Oneidas have but three gentes, the
Bear, the Wolf, and the Turtle, and no phratries. When
the confederacy was formed, seven of the eight Seneca
gentes existed in the several tribes as is shown by the
establishment of sachemships in them; but the Mohawks
and Oneidas then had only the three named. It shows
that they had then lost an entire phratry, and one gens
of that remaining, if it is assumed that the original
tribes were once composed of the same gentes. When
a tribe organized in gentes and phratries subdivides, it
might occur on the line of the phratric organization.
Although the members of a tribe are intermingled
throughout by marriage, each gens in a phratry is com-
posed of females with their children and descendants,
through females, who formed the body of the phratry.
They would incline at least to remain locally together,
and thus might become detached in a body. The male
members of the gens married to women of other gentes
and remaining with their wives would not affect the gens
since the children of the males do not belong to its con-
nection. If the minute history of the Indian tribes is
ever recovered it must be sought through the gentes and
phratries, which can be followed from tribe to tribe. In
such an investigation it will deserve attention whether
tribes ever disintegrated by phratries. It is at least im-

probable.
The Tuscarora-Iroquois became detached from the
main stock at some unknown period in the past, and in-
habited the Neuse river region in North Carolina at the
time of their discovery. About A. D, 1712 they were
forced out of this area, whereupon they removed to the
 IROQUOIS PHRATRT 9?5

country of the Iroquois and were admitted into the con-

federacy as a sixth member. They have eight gentes
organized in two phratries, as follows :

First Phratry.
Gentes. i. Bear. 2. Beaver. 3. Great Turtle. 4. Eel.
Second Phratry.
Gentes. 5. Gray Wolf. 6. Yellow Wolf. 7. Little
Turtle. 8. Snipe.
They have six gentes in common with the Cayugas
and Onondagas, five in common with the Senecas, and
three in common with the Mohawks and Oneidas. The
Deer gens, which they once possessed, became extinct
in modern It will be noticed, also, that the Wolf
times.
gens is now
divided into two, the Gray and the Yellow,
and the Turtle into two, the Great and Little. Three of
the gentes in the first phratry are the same with three
in the first phratry of the Senecas and Cayugas, with the

exception that the Wolf gens is double. As several hun-

dred years elapsed between the separation of the Tus-
caroras from their congeners and their return, it affords
some evidence of permanence in the existence of a gens.
The gentes in the same phratry are called brother gen-
tes to each other, and those in the other phratry their
cousin gentes, as among the other tribes.
From the differences in the composition of the phra-
tiies in the several tribes it seems probable that the phra-
tries arc modified in their gentes at intervals of time to
meet changes of condition. Some gentes prosper and
increase in numbers, while others through calamities de-
cline, and others become extinct so that transfers of gen-
;

tes from one phratry to another were found necessary

to preserve some degree of equality in the number of
phrators in each. The phratric organization has existed
among the Iroquois from time immemorial. It is proba-
bly older than the confederacy which was established
more than four centuries ago. The amount of differ-
ence in their composition, as to the gentes they contain,
represents the vicissitudes through which each tribe has
passed in the interval. In any view of the matter it is
94 ANCIENT SOCIETY

small, tending to illustrate the permanence of the phra-

try as well as the gens.
'The Iroquois tribes had a total of thirty-eight gentes,
and in four of the tribes a total of eight phratries.
In its objects and uses the Iroquois phratry falls be-
low the Grecian, as would be supposed, although our
knowledge of the functions of the latter is limited and
;

below what is known of the uses of the phratry among

the Roman tribes. In comparing the latter with the
former we pass backward through two ethnical periods,
and into a very different condition of society. The dif-
ference is in the degree of progress, and not in kind for;

we have the same institution in each race, derived from

the same or a similar germ, and preserved by each
through immense periods of time as a part of a social
system. Gentile society remained of necessity among the
Grecian and Roman tribes until political society super-
vened and it remained among the Iroquois tribes be-
;

cause they were still two ethnical periods below civili-

zation. Every fact, therefore, in relation to the func-
tions and uses of the Indian phratry is important, be-
cause it tends to illustrate the archaic character of an
institution which became so influential in a more devel-
oped condition of society.
The phratry, among the Iroquois, was partly for so-
cial and partly for religious objects. Its functions and
uses can be best shown by practical illustrations. We
begin with the lowest, with games, which were of com-
mon occurrence at tribal and confederate councils. In
the ball game, for example, among the Senecas, they
play by phratries, one against the other; and they, bet
against each other upon the result of the game. Each
phratry puts forward its best players, usually from six
to ten on a side, and the members of each phratry as-
semble together but upon opposite sides of the field in
which the game is played. Before it commences, articles
of personal property are hazarded upon the result by
members of the opposite phratries. These are deposited
with keepers to abide the event. The game is played
with spirit and enthusiasm, and is an exciting spectacle*
 IHOQUOIS PHRATRT 95

The members of each phratry, from their opposite sta-

tions, game with eagerness, and cheer their
watcli the
l
respective players at every successful turn of the game.
In many ways the phratric organization manifested it-
self. At a council of the tribe the sachems and chiefs
in each phratry usually seated themselves on opposite
sides of an imaginary council-fire, and the speakers ad-
dressed the two opposite bodies as the representatives of
the phratries. Formalities, such as these, have a pecu-
liar charm for the Red Man in the transaction of busi-
ness.
Again when a murder had been committed it was
;

usual for the gens of the murdered person to meet in

council; and, after ascertaining the facts, to take meas-
ures for avenging the deed. The gens of the criminal
also held a council, and endeavored to effect an adjust-
ment or condonation of the crime with the gens of the
murdered person. r>ut it often happened that the gens
of the criminal called upon the other gcntes of their
phratry, when the slayer and the slain belonged to op-
posite phratries, to unite with them to obtain a condo-
nation of the crime. In such a case the phratry held a
council, and then addressed itself to the other phratry
to which it sent a delegation with a belt of white wam-
pum asking for a council of the phratry, and for an ad-
justment of the crime. They offered reparation to the
family and gens of the murdered person in expressions
\of regret and Negotiations were
in presents of value.
continued between the two councils until an affirmative
or a negative conclusion was reached. The influence of
a phratry composed of several gentes would be greater
than that of a single gens and by calling into action the
;

opposite phratry the probability of a condonation would

be increased, especially if there were extenuating cir-
cumstances. We may thus see how naturally the Gre-
cian phratry, prior to civilization, assumed the principal
though not exclusive management of cases of murder,
and also of the purification of the murderer if he escaped

"League of the Iroquois," p. 294.

96 ANCIENT SOCIETY

punishment; and, after the institution of political society,

with what proprietry the phratry assumed the duty of
prosecuting the murderer in the courts of justice.
At the funerals of persons of recognized importance
manifested itself in
in the tribe, the phratric organization
a conspicuous manner. The phrators of the decedent in
a body were the mourners, and the members of the op-
posite phratry conducted the ceremonies. In the case of
a sachem it was usual for the opposite phratry to send,

immediately after the funeral, the official wampum belt

of the deceased ruler to the central council fire at On-
ondaga, as a notification of his demise. This was re-
tained until the installation of his successor, when it was
bestowed upon him as the insignia* of his office. At the
funeral of Handsome Lake (Ga-ne-o-di'-yo), one of the
eight Seneca sachems (which occurred some years ago),
there was an assemblage of sachems and chiefs to the
number of twenty-seven, and a large concourse of mem-
bers of both phratries. The customary address to the
dead body, and the other addressess before the removal
of the body, were made by members of the opposite
phratry. After the addressess were concluded, the body
was borne to the grave by persons selected from the last
named phratry, followed, first, by the sachems and
chiefs, then by the family and gens of the decedent, next
by his remaining phrators, and last by the members of
the opposite phratry. After the body had been deposited
in the grave the sachems and chiefs formed in a circle
around it for the purpose of filling it with earth. Each
in turn, commencing with the senior in years, cast in
three shovelfuls, a typical number in their religious sys-
tem of which the first had relation to the Great Spirit,
;

the second to the Sun, and the third to Mother Earth,

When the grave was filled the senior sachem, by a figure
of speech, deposited "the horns'* of the departed sachem,
emblematical of his office, upon the top of the grave over
his head, there to remain until his successor was installed.
In that subsequent ceremony, "the horns" were said to
1
be taken from the grave of the deceased ruler, and
 IROQUOIS PHRATRT ff

l
placed upon the head of his successor. The social and
religious functions of the phratry, and its naturalness in
the organic system of ancient society, are rendered ap-
parent by this single usage.
The phratry was also directly concerned in the elec-
tion of sachems and chiefs of the several gentes, upon
which they had a negative as well as a confirmative vote.
After the gens of a deceased sachem had elected his suc-
cessor, or had elected a chief of the second grade, it was
necessary, as elsewhere stated, that their choice should
be accepted and confirmed by each phratry. It was ex-
pected that the gentes of the same phratry would con-
firm the choice almost as a matter of course but the op-
;

posite phratry also must acquiesce, and from this source

opposition sometimes appeared. A council ofc each phra-
try was held and pronounced upon the question of ac-
ceptance or rejection. If the nomination made was ac-
cepted by both it became complete but if either refused
;

it was thereby set aside, and a new election was made

by
the gens. When the choice made by the gens had been
accepted by the phratries, it was still necessary, as be-
fore stated, that the new sachem, or the new chief,
should be invested by the council of the confederacy,
which alone had power to invest, with office.
The Senecas have now lost their Medicine Lodges
which fell out in modern times but they formerly ex-
;

isted and formed a prominent part of their religious sys-

tem. To hold a Medicine Lodge was to observe their
highest religious rites, and to practice their highest reli-
gious mysteries. They had two such organizations, one
in each phratry, which shows still further the natural
connection of the phratry with religious observances.
Very little is now known concerning these lodges or

t It was a journey of ten days from earth to heaven for the

departed spirit, according: to Iroquoia belief. For ten days after
the death of a person, the mourners met nightly to lament the
deceased, at which they Indulged In excessive grief. The dtrge
or wall was performed by women. It was an ancient custom
to make a fire on the grave each night for the same period*
On the eleventh day they held a feast; the spirit of the departed
having reached heaven, the place of rest, there was no further
cause for mourning. With the feast It terminated.
ftg ANCIENT SOCIETY

tbc ; r ceremonies. Each was a brotherhood, into which

new members were admitted by a formal initiation.
The phratry was without governmental functions in
the strict sense of the phrase, these being confined to the
gens, tribe and confederacy but it entered into their so-
;

cial affairs with large administrative powers, and would

have concerned itself more and more with their religious
affairs as the condition of the people advanced. Un-
like the Grecian phratry and the Roman curia it had no
official head. There was no chief of the phratry as such,
and no religious functionaries belonging to it as distin-
guished from the gens and tribe. The phratric institu-
tion among the Iroquois was in its rudimentary archaic
form, but it grew into life by natural and inevitable de-
velopment, and remained permanent because it met neces-
sary wants. Every institution of mankind which attained
permanence will be found linked with a perpetual want.
With the gens, tribe and confederacy in existence the
presence of the phratry was substantially assured. It

required time, however, and further experience to mani-

fest all the uses to which it might be made subservient.
Among the Village Indians of Mexico and Central
America the phratry must have existed, reasoning upon
general priciples; and have been a more fully developed
and influential organization than among the Iroquois.
Unfortunately, mere glimpses at such an institution are
all that can be found in the teeming narratives of the

Spanish writers within the first century after the Spanish

conquest. The four "lineages" of the Tlascalans who
occupied the four quarters of the pueblo of Tlascala,
were, in all probability, so many phratries. They were
sufficiently numerous for four tribes; but as they occu-
pied the same pueblo and spoke the same dialect the phra-
tric organization was apparently a necessity. Each line-
age, or phratry so to call it, had a distinct military or-
ganization, a peculiar costume and banner, and its head
war-chief (Teuctli), who was its general military com-
mander. They went forth to battle by phratries. The
organization of a military force by phratries and by
tribeswas not unknown to the Homeric Greeks* Thus ;
 IROQUOIS PHRATRT 09

Nestor advises Agamemnon to "separate the troops by

phratries and by tribes, so that phratry may support
l
phratry and tribe tribe." Under gentile institutions of
the most advanced type the principle of kin became, to a
considerable extent, the basis of the army organization.
The Aztecs, in like manner, occupied the pueblo of Mex-
ico in four distinct divisions, the people of each of which
were more nearly related to each other than to the peo-
ple of the other divisions. They were separate lineages,
like the Tlascalan, and it seems highly probably were
four phratries, separately organized as such. They were
distinguished from each other by costumes and stand-
ards, and went out to war as separate divisions. Their
geographical areas were called the four quarters of Mex-
ico. This subject will be referred to again.
With respect to the prevalence of this organization,
among the Indian tribes in the Lower Status of barbar-
ism, the subject has been but slightly investigated. It is
probable that it was general in the principal tribes, from
the natural manner in which it springs up as a necessary
member of the organic series, and from the uses, other
than governmental, lo which it was adapted.
In some of the tribes the phratries stand out promi-
nently upon the face of their organization. Thus, the
Chocta gentes are united in two phratries which must
be mentioned first in order to show the relation of the
gentes to each other. The first phratry is called "Di-
vided People," and also contains four gentes. The sec-
ond is called "Beloved People/' and also contains four
gentes. This separation of the people into two divisions
by gentes created two phratries. Some knowledge of the
functions of these phratries is of course desirable; but
without it the fact of their existence is established by the
divisions themselves. The evolution of a confederacy
from a pair of gentes, for less than two are never found
in any tribe, may he deduced, theoretically, from the
known facts of Indian experience. Thus, the gens in-
creases in the number of its members and divides into

"Iliad," 11, 362.

100 ANCIENT SOCIETT

two; these again subdivide, and in time reunite in two

or more phratries. These phratries form a tribe, and its
members speak the same dialect. In course of time this
tribe falls into several by the process of segmentation,
which in turn reunite in a confederacy. Such a con-
federacy is a growth, through the tribe and phratry,
from a pair of gentes.
The Chickasas are organized in two phratries, of which
one contains four, and the other eight gcntcs, as follows :

I. Panther Phratry.
Gentes. i. Wild Cat 2. Bird. 3. Fish. 4. Deer.
II. Spanish Phratry.
Gentes. 5. Raccoon. 6. Spanish. 7. Royal. 8. Hush-
ko'ni. 9. Squirrel. 10. Alligator. n. Wolf.
12. Blackbird.
The
particulars with respect to the Choeta and Chick-
asa phratries I am unable to present. Some fourteen
years ago these organizations were given to me by Rev.
Doctor Cyrus Byington and Rev. Charles C. Copcland,
but without discussing their uses and functions.
Avery complete illustration of the manner in which
phratries are formed by natural growth, through the sub-
division of gentes, is presented by the organization of
the Mohegan tribe. It had three original genter, the

Wolf, the Turtle, and the Turkey.

Each of these subdivided, and the subdivisions became
independent gentes; but they retained the names of the
original gentes as their respective phratric names. In
other words the subdivisions of each gens reorganized
in a phratry. It proves conclusively the natural process
by which, in course of time, a gens breaks tip into sev-
eral,and these remain united in a phratric organization,
which is expressed by assuming a phratric name. They
are as follows :

I. Wolf Phratry.
Gentes. i. Wolf. 2. Bear. 3. Dog. 4, Opossum.
II. Turtle Phratry.
Gentes. $. Little Turtle. 6. Mud Turtle. 7. Great
Turtle. 8. Yellow Eel
 IROQtTOIS PItHAtRY 101

in. Turkey Phratry.

Gentes. 9. Turkey. 10. Crane, n. Chicken.
It is thus seen that the original Wolf gens divided into
four gentes, the Turtle into four, and the Turkey into
three. Each new gens took a new name, the original
retaining its own, which became, by seniority, that of the
phratry. It is rare among the American Indian tribes
to find such plain evidence of the segmentation of gen-
tes in their external organization, followed by the forma-
tion into phratries of their respective subdivisions. It
shows also that the phratry is founded upon the kinship
of the gentes. As a rule the name of the original gens
out of which others had formed is not known but in each ;

of these cases it remains as the name of the phratry.

Since the latter, like the Grecian, was a social and reli-
gious rather than a governmental organization, it is ex-
ternally less conspicuous than*a gens or tribe which were
essential to the goverment of society. The name of but
one of the twelve Athenian phratries has come down to
us in history. Those of the Iroquois had no name but
that of a brotherhood.
Tli'^ Delaware* and Munsees have the same three gen-
tes, the Wolf, the Turtle, and the Turkey. Among the
Delawares there are twelve embryo gentes in each tribe,
hut they seem to be lineages within the gentes and had
nut taken gentile names. It was a movement, however,
in that direction.
The phratry also appears among the Thlinkeets of the
Xorthwest coast, upon the surface of their organization
into gentes. They have two phratries. as follows:

i. U'olf Phratry.
ticntes: i. Bear. 2. Eagle. 3. Dolphin. 4. Shark.

5. Elca.
1 1. Karen Phrahy.
Gentes. fi. Frog. 7. Goose. 8. Sea-lion. 9. Owl.
10. Salmon.
Intermarriage in the phratry is prohibited, which
shows, of itself, that the gentes of each phratry were
102 ANCIENT SOCtEtf

derived from an original gens. l The members of any

gens in the Wolf phratry could marry into any gens of
the opposite phratry, and vice versa.
From the foregoing facts the existence of the phratry
is established in several linguistic stocks of the American

aborigines. Its presence in the tribes named raises a

presumption of its general prevalence in the Ganowanian
family. Among the Village Indians, where the numbers
in a gens and tribe were greater, it would necessarily
have been more important and consequently more fully
developed. As an institution it was still in its archaic
form, but it possessed the essential elements of the Gre-
cian and the Roman. It can now be asserted that the full
organic series of ancient society exists in full vitality up-
on the American continent namely, the gens, the
;

phratry, the tribe, and the confederacy of tribes. With

further proofs yet to be adduced, the universality of the
gentile organization upon all the continents will be estab-
lished.
If future investigation is directed specially to the func-
tions of the phratric organization among the tribes of
the American aborigines, the knowledge gained will ex-
plain many peculiarities of Indian life and manners not
well understood, and throw additional light upon their
usages and customs, and upon their plan of life and gov-
ernment.

i Bancroft's "Native Races of the Pacific States," I, 109.

 CHAPTER IV
THE IROQUOIS TRIBE

It is difficult to describe an Indian tribe by the affirma-

tive elements of its
composition. Nevertheless it is
clearly marked, and the ultimate organization of the great
tody of the American aborigines. The large number of
independent tribes into which they had fallen by the nat-
ural process of segmentation, is the striking character-
istic of their condition. Each tribe was individualized
by a name, by a separate dialect, by a supreme govern-
ment, and by the possession of a territory which it occu-
pied and defended as its own. The tribes were as num-
erous as the dialects, for separation did not become com-
plete until dialectical variation had commenced. Indian
tribes, therefore, are natural growths through the sepa-
ration of the same people in the area of their occupation,
followed by divergence of speech, segmentation, and in-
dependence.
We have seen that the phratry was not so much a gov-
ernmental as a social organization, while the gens, tribe,
and confederacy, were necessary and logical stages of
progress in the growth of the idea of government. A
confederacy could not exist, under gentile society, with-
out tribes as a basis; nor could tribes exist without
gentes, though they might without phratries. In this
chapter I will endeavor to point out the manner in which
these numerous tribes were formed, and, presumptively
out of one original people; the causes which produced
their perpetual segmentation; and the principal attrib-
utes which distinguished an Indian tribe as an organiza-
tion.

108
104 ANCIENT SOCIETY

The exclusive possession of a dialect and of a territory

has led to the application of the term nation to many In-
dian tribes, notwithstanding the fewness of the people in
each. Tribe and nation, however, are not strict equiv-
alents. A nation does not arise, under gentile institu-
tions, until the tribes united under the same government
have coalesced into one people, as the four Athenian
tribes coalesced in Attica, three Dorian tribes at Sparta,
and three Latin and Sabine tribes at Rome. Federation
requires independent tribes in separate territorial areas;
but coalescence unites them by a higher process in the
same area, although the tendency to local separation by
gentes and by tribes would continue. The confederacy
is the nearest analogue of the nation, but not strictly
equivalent. Where the gentile organization exists, the
organic series gives all the terms which are needed for
a correct description.
An Indian tribe is composed of several gentes, devel-
oped from two or more, all the members of which are
intermingled by marriage, and all of whom speak the
same dialect. \To a stranger the tribe is visible, and not
the gens. The instances are extremely rare, among the
American aborigines, in which the tribe embraced peo-
ples speaking different dialects. When such cases are
found, it resulted from the union of a weaker with a
stronger tribe, speaking a closely related dialect, as the
union of the Missouris with the Otoes after the over-
throw of the former. The fact that the great body of
the aborigines were found in independent tribes illus-
trates the slow and difficult growth of the idea of gov-
ernment under gentile institutions. A
small portion
only had attained to the ultimate stage known among
them, that of a confederacy of tribes speaking dialects
of the same stock language. A coalescence of tribes into
a nation had not occurred in any case in any part of
America.
A constant tendency to disintegration, which has
proved such a hindrance to progress among savage and
barbarous tribes, existed in the elements of the gentile
organization. It was aggravated by a further tendency
 mOQtJOlS TRIBE 105

to divergence of speech, which was inseparable from

their social state and the large areas of their occupation.
A verbal language, although remarkably persistent in its
vocables, and still more persistent in its grammatical
forms, is incapable of permanence. Separation of the
people in area was followed in time by variation in
speech; and this, in turn, led to separation in interests
and ultimate independence. It was not the work of a
brief period, but of centuries of time, aggregating finally
into thousands of years. The great number of dialects
and stock languages in North and South America, which
presumptively were derived, the Eskimo excepted, from
one original language, require for their formation the
time measured by three ethnical periods.
New tribes as well as new gentes were constantly
forming by natural growth and the process was sensibly
;

accelerated by the great expanse of the American con-

tinent. The method was simple. In the first place there
would occur a gradual outflow of people from some
overstocked geographical centre, which possessed supe-
rior advantages in the means of subsistence. Continued
from year to year, a considerable population would thus
be developed at a distance from the original seat of the
tribe. In course of time the emigrants would become
distinct in interests, strangers in feeling, and last of all,
divergent in speech. Separation and independence would
follow, although their territories were contiguous. A
new tribe was thus created. This is a concise statement
of the manner in which the tribes of the American abor-
igines were formed, but the statement must be taken as
general. Repeating itself from age to age in newly ac-
quired as well as in old areas, it must be regarded as
a natural as well as inevitable result of the gentile or-
ganization, united with the necessities of their condi-
tion. When increased numbers pressed upon the means
of subsistence, the surplus removed to a new seat where
they established themselves with facility, because the
government was perfect in every gens, and in any
number of gentes united in a band. Among the Village
Indians the same repeated itself in a slightly different
106 ANCIENT SOCIETY

manner. When a village became overcrowded with num-

bers, a colony went up or down on the same stream and
commenced a new village. Repeated at intervals of time
several such villages would appear, each independent of
the other and a self-governing body but united in a
;

league or confederacy for mutual protection. Dialectical

variation would finally spring up, and thus complete
their growth into tribes.
The manner in which tribes are evolved from each oth-
er can be shown directly by examples. The fact of sep-
aration is derived in part from tradition, in part from the
possession by each of a number of the same gentes, and
deduced in part from the relations of their dialects.
Tribes formed by the subdivisions of an original tribe
would possess a number of gentes in common, and speak
dialects of the same language. After several centuries
of separation they would still have a number of the same
gentes. Thus, the Hurons, now Wyandotes, have six
gentes of the same name with six of the gentes of the
Seneca-Iroquois, after at least four hundred years of
separation. The Potawattamies have eight gentes of the
same name with eight among the Ojibwas, while the
former have six, and the latter fourteen, which are dif-
ferent; showing that new gentes have been formed in
each tribe by segmentation since their separation. A still
older offshoot from the Ojibwas, or from the common
parent tribe of both, the Miamis, have but three gentes
in common with the former, namely, the Wolf, the Loon,
and the Eagle. The minute social history of the tribes
of the Ganowanian family is locked up in the life and
growth of the gentes. If investigation is ever turned
strongly in this direction, the gentes themselves would
become reliable guides, both in respect to the order of
separation from each other of the tribes of the same
stock, and possibly of the great stocks of the aborigines.
The following illustrations are drawn from tribes in
the Lower Status of barbarism. When discovered, the
eight Missouri tribes occupied the banks of the Missouri
river for more than a thousand miles together with the
;

banks of its tributaries, the Kansas and the Platte; and

 TRIBE JO*

also the smaller rivers of Iowa. They also occupied the

west bank of the Mississippi down to the Arkansas.
Their dialects show that the people were in three tribes
before the last subdivisions; namely, first, the Punkas
and Omahas, second, the lowas, Otoes and Missouris,
and third, the Kaws, Osages and Quappas. These three
were undoubtedly subdivisions of a single original tribe,
because their several dialects are still much nearer to
each other than to any other dialect of the Dakotian
stock language to which they belong. There is, there-
fore, a linguistic necessity for their derivation from an
original tribe. A gradual spread from a central point on
this river along its banks, both above and below, would
lead to a separation in interests with the increase of dis-
tance between their settlements, followed by divergence
of speech, and finally by independence. A people thus
extending themselves along a river in a prairie country
might separate, first into three tribes, and afterwards
into eight, and the organization of each subdivision re-
main complete. Division was neither a shock, nor an
appreciated calamity but a separation into parts by nat-
;

ural expansion over a larger area, followed by a com-

plete segmentation. The uppermost tribe on the Mis-
souri were the Punkas at the mouth of the Niobrara river,
and the lowermost the Quappas at the moifth of the Ar-
kansas on the Mississippi, with an interval of near fifteen
hundred miles between them. The intermediate region,
confined to the narrow belt of forest upon the Missouri,
was held by the remaining six tribes. They were strictly
River Tribes.
Another illustration may be found in the tribes of Lake
1
Superior. The Ojibwas, Otawas and Potawattamies are
subdivisions of an original tribe; the Ojibwas represent-
ing the stem, because they remained at the original seat
at the great fisheries upon the outlet of the lake. More-
over, they are styled "Elder Brother" by the remaining
two while the Otawas were styled "Next Older Broth-
;

er/* and the Potawattamies "Younger Brother." The

O-tI'-wa.
168 AfoCIEtfl 1
SOCIETY

last tribe separated first, and the Otawas last, as is diown

by the relative amount of dialectical variation, that of
the former being greatest. At the time of their discov-
ery, A. D. 1641, the Ojibwas were seated at the Rapids
on the outlet of Lake Superior, from which point they
had spread along the southern shore of the lake to the
site of Ontonagon, along its northeastern shore, and
down the St. Mary River well toward Lake Huron. Their
position possessed remarkable advantages for a fish and
game subsistence, which, as they did * not cultivate maize
and plants, was their main reliance. It was second to

none; in North America, with the single exception of the

Valley of the Columbia. With such advantages they were
certain to develop a large Indian population, and to send
out successive bands of emigrants to become independent
tribes. The Potawattamies occupied a region on the
confines of L'pper Michigan and Wisconsin, from which
the Dakotas in 1641, were in the act of expelling them.
At the same time the Otawas, whose earlier residence
is supposed to have been on the Otawa river of Canada,

had drawn westward and were then seated upon the

Georgian Bay, the Manitouline Islands and at Mackinaw,
from which points they were spreading southward over
Lower Michigan. Originally one people, and possessing
the same gentes, they had succeeded in appropriating a
large area. Separation in place, and distance between
their settlements, had long before their discovery resulted
in the formation of dialects, and in tribal independence.
The three tribes, whose territories were contiguous, had
formed an alliance for mutual protection, known among 1

Americans as "the Otawa Confederacy." It was a league,

offensive and defensive, and not, probably, a close con-
federacy like that of the Iroquois.
Prior to these secessions another affiliated tribe, the
Miamis, had broken off from the Ojibwa stock, or the
common parent tribe, and migrated to central TlHnois

i The Objlwas manufactured earthen pipes, water jars, and

vessels in ancient times, as they now assert. Indian pottery
ha been dug- up at different times at the Sault St. Mary, which
they Tecognl'/.i- as tlif work of their forefathers.
 IROQUOIS TRIBE 109

and western Indiana. Following in the track of this

migration were the Illinois, another and later offshoot
from the same stem, who afterwards subdivided into the
Teorias, Kaskaskias, Weaws, and Piankeshaws. Their
dialects, with that of the Miamis, find their nearest af-
finity w ith the
r
Ojilnva, arid next with the Cree.
l
The
outflow of these tribes from the central seat at the
all

^reat fisheries of Lake Superior is a significant fact,

because it illustrates the manner in which tribes are
formed in connection with natural centres of subsistence.
The New England, Delaware, Maryland, Virginia and
('arolina Algonkins were, in all probability, derived
from the same source. Several centuries would be re-
quired for the formation of the dialects first named, and
for the production of the amount of variation they now
exhibit.
The foregoing examples represent the natural process
b\ which tribes are evolved from each other, or from
a parent tribe established in an advantageous position.
Each emigrating band was nature of a military
in the

colony, if it may be so strongly characterized, seeking to

acquire and hold a new area preserving at first, and as
;

long as possible, a connection with the mother tribe. By

these successive movements they sought to expand their
joint possessions, and afterward to resist the intrusion
of alien people within their limits. It is a noticeable fact
that Indian tribes speaking dialects of the same stock
language have usually been found in territorial contin-
uity, however extended their common area. The same
has, in the main, been trut* of all the tribes of mankind
linguistically united. It is because the people, spreading
from some geographical centre, and maintaining an ardu-
ous struggle for subsistence, and for the possession of
their new territories, have preserved their connection
with the mother land as a means of succor in times of
danger, and as a place of refuge in calamity.

i The Potawattamle and the Cree have diverged about

equally. It is probable that the Ojibwas. Otawaa and Creea were
one people in dialect after the Potawattamies became de-
tached.
HO ANCUBNT 80CIBTT

It required special advantages in the means of subsist-

ence to render any area an initial point of migration
through the gradual development of a surplus popula-
tion. These natural centres were few in number in North
America. There are but three. First among them is the
Valley of the Columbia, the 'most extraordinary region
on the face of the earth in the variety and amount of
subsistence it afforded, prior to the cultivation of rtiaize
and plants ; second, the peninsula between Lakes Supe-
rior, Huron and Michigan, the seat of the Ojibwas, and
the nursery land of many Indian tribes; and third, the
lake region in Minnesota, the nursery ground of the
present Dakota tribes. These are the only regions in
North America that can be called natural centres of sub-
sistence, and natural sources of surplus numbers. There
are reasons for believing that Minnesota was a part of
the Algonkin area before it was occupied by the Da-
kotas. When the cultivation of maize and plants came
in, it tended to localize the people and support them in
smaller areas, as well as to increase their numbers but ;

it failed to transfer the control of the continent to the

most advanced tribes of Village Indians, who subsisted

almost entirely by cultivation. Horticulture spread among
the principal tribes in the Lower Status of barbarism
and greatly improved their condition. They held, with
the nonhorticultural tribes, the great areas of North
America when it was discovered, and from their ranks

the continent was being replenished with inhabitants. 2

i As a mixture of forest and prairie it was an excellent game

country. A species of bread-root, the kamash, grew in abund-
ance in the prairies. In the summer there was a profusion of
berries. But in these respects it was not superior to other
areas. That which signalized the region was the inexhaustible
supply of salmon in the Columbia, and other rivers of the
coast. They crowded these streams in millions, and were taken
in the season with facility, and in the greatest abundance.
After being: split open and dried in the sun, they were packed
and removed to their villages, and formed their principal food
during the greater part of the year. Beside these were th*
shell fisheries of the coast, which supplied a large amount of
food during the winter months. Superadded to these concen-
trated advantages, the climate was mild and equable through-
out the year about that of Tennessee and Virginia. It wa
the paradise of tribes without a knowledge of the cereals.
It can be shown with a great degree of probability, that
the Valley of the Columbia was the seed land of the Oanowtn-
 IROQUOIS TRIBE HI
The multiplication of tribes and dialects nas been the
fruitful source of the incessant warfare of the aborigines
ian family, from which issued, in past ages, successive streams
of migrating bands, untii both divisions of the continent were
occupied. And further, that both divisions continued to be re-
plenished with inhabitants from this source down to the epoch
of European discovery. These conclusions may be deduced
from physical causes, from the relative conditions, and from
the linguistic relations of the Indian tribes. The great expanse
of the central prairies, which spread continuously more than
fifteen hundred miles from north to south, and more than a
thousand miles from east to west, interposed a barrier to a
free communication between the Pacific and Atlantic sides of
the continent in North America. It seems probable, therefore,
that an original family commencing its spread from the Valley
of the Columbia, and migrating under the influence of physical
causes, would reach Patagonia sooner than they would Florida.
The known facts point so strongly to this region as the orig-
inal home of the Indian family, that a moderate amount of
additional evidence will render the hypothesis conclusive.
The discovery and cultivation of maize did not change mater-
ially the course of events, or suspend the operation of previous
causes; though it became an important factor in the progress of
improvement. It is not known where this American cereal was
indigenous; but the tropical region of Central America, where
vegetation is Intensely active, where this plant is peculiarly
fruitful, and where the oldest seats of the Village Indians
were found, has been assumed by common consent, as the
probable place of its nativity. If, then, cultivation commenced
in Central America, it would have propagated itself first over
Mexico, and from thence to New Mexico and the valley of the
Mississippi, and thence again eastward to the shores of the
Atlantic; the volume of cultivation diminishing from the start-
ing-point to the extremities. It would spread, independently
of the Village Indians, from the. desire of more barbarous
tribes to gain the new subsistence; but it never extended
beyond New Mexico to the Valley of the Columbia, though
cultivation was practiced by the Mlnnitarees and Maridans of
the Upper Missouri, by the Shyans on the Red River of the
North, by tho Hurons of Lake Simcoe in Canada, and by the
Abenakies of the Kennebec, as well as generally by the tribe*
between the Mississippi and the Atlantic. Migrating bands
from the Valley of the Columbia, following upon the track of
their predecessors would press upon the Village Indians of
New Mexico and Mexico, tending to force displaced and frag-
mentary tribes toward and through the Isthmus into South
America. Such expelled bands would carry with them the first
germs of, progress developed by Village Indian life. Repeated
at intervals of time it would tend to bestow upon South
America a class of inhabitants far superior to the wild bands
previously supplied, and at the expense of -the northern sec-
tion thus impoverished. In the final result, South America
would attain the advanced position in development, even in an
Inferior country, which seems to have been the fact. The
Peruvian legend of Manco Capac and Mama Oello, children of
the sun, brother and sister, husband and wife, shows, if it
can be said to show anything, that a band of Village Indians
migrating from a distance, though not necessarily from North
America direct, had gathered together and taught the rude
tribes of the Andes the higher arts of life, including the cul-
tivation of maize and plants. By a simple and quite natural
the legend has dropped out the band, and retained only
leader and
Kocess his wife, _ _
112 ANCIENT SOCIETY

upon each other. As a rule the most persistent warfare

has been waged between tribes speaking different stock
languages; example, between the Iroquois and
as, for
Algonkin and between the Dakota tribes and the
tribes,
same. On the contrary the Algonkin and Dakota tribes
severally have, in general, lived at peace among them-
selves. Had it been otherwise they would not have been
found in the occupation of continuous areas. The worst
exception were the Iroquois, who pursued a war of exter-
mination against their kindred tribes, the Eries, the Neu-
tral Nation, the Hurons and the Susquehannocks. Tribes

speaking dialects of the same stock language ^re able to

communicate orally and thus compose their differences.
They also learned, in virtue of their common descent, to
depend upon each other as natural allies.
Numbers within a given area were limited by the
amount of subsistence it afforded. When fish and game
were the main reliance for food, it required an immense
area to maintain a small tribe. After farinaceous food
was superadded to fish and game, the area occupied by
a tribe was still a large one in proportion to the number
of the people. New York, with its forty-seven thousand
square miles, never contained at any time more than
twenty-five thousand Indians, including with the Iro-
quois the Algonkins on the east side of the Hudson and
upon Long Island, and the Eries and Neutral Nation in
the western section of the state. A personal government
founded upon gentes was incapable of developing suf-
ficient central power to follow and control the increasing
numbers of the people, unless they remained within a
reasonable distance from each other.
Among the Village Indians of New Mexico, Mexico,
and Central America an increase of numbers in a small
area did not arrest the process of disintegration. Each
pueblo was usually an independent self-governing com-
munity. Where several pueblos were seated near each
other on the same stream, the people were usually of
common descent, and either under a tribal or confeder-
ate government. There are some seven stock languages
in New Mexico alone, each spoken in several dialects.
 IROQUOIS TRIBE 118

At the time of Coronado's expedition, 15401542, the

villages found were numerous but small. There were
seven each of Cibola, Tucayan, Quivira, and Hemez,
and twelve of Tigucx, 1 and other groups indicating a
linguistic connection of their members. Whether or not
each group was confederated we are not informed. The
seven Moqui Pueblos (the Tucayan Villages of Coron-
ado's expedition), arc said to be confederated at the
present time, and probably \vere at the time of their
discovery.
The process of subdivision, illustrated by the forego-
ing examples, has been operating among the American
aborigines for thousands of \ears, until upwards of forty
stock languages, as near as is known, have been devel-
oped in North America alone each spoken in a number
;

of dialects, by an equal number of independent tribes.

Their experience, probably, was but a repetition of that
of the tribes of Asia, F.uropc and Africa, when they were
in corresponding conditions.
Fromthe preceding observations, it is apparent that
an American Indian tribe is a very simple as well as
humble organization. It required but a few hundreds,
and. at most, a few thousand people to form a tribe, and
place it in a respectable position in the Ganowanian
family.
It remains to present the functions and attributes of
an Indian tribe, whicl may be discussed under the fol-
f

lowing proposition!; :

I. The possession of ct territory mid a name.

II. The exclusive possession of a dialect.
III. The right to invest sachems and chiefs elected by
the gentes.
IV. The right to depose these sachems and chiefs.
V. The possession of a religious faith and worship.
VI. A supreme government consisting of a council of
chiefs.
VII. A head-chief of the tribe in some instances.

I "Coll. TernauX'OompanB," IX, pp. 181-183.

114 ANCIENT SOCIETY

It will be sufficient to make a brief reference to each

of these several attributes of a tribe.
I. The possession of a territory and a name.
Their territory consisted of the area of their actual
settlements, and so much of the surrounding region as
the tribe ranged over in hunting and fishing, and were
able to defend against the encroachments of other tribes.
Without this area was a wide margin of neutral grounds,
separating them from their nearest frontegers if they
spoke a different language, and claimed by neither; but
less wide, and less clearly marked, when th?y spoke
dialects of the same language. The country thus im-
perfectly defined, whether large or small, was /he domain
of the tribe, recognized as such by other trihes, and de-
fended as such by themselves.
In due time the tribe became individualized by a name,
which, from their usual character, must have been in
many cases accidental rather than deliberate. Thus, the
Senecas styled themselves the "Great Hill People" (Nun-
1'

da'-wa-o-no), the Tuscaroras, "Shirt-wearing

"
People
(Dus-ga'-o-weh-o-no'), the Sissetons, Village of the
Marsh" (Sis-se'-to-wan), the Ogalallas, "Camp Movers"
(Oga-lal'-la), the Omahas, "Upstream People" (Oma'-
ha), the lowas, "Dusty Noses" (Pa-ho'-cha), the Min-
nitarees, "People from Afar" (E-nat'-za), the Cherokees,
"Great People" (Tsa-lo'-kee), the Shawnees, "Southern-
ers'* (Sa-wan-wakee'), the Mohegans, "Sea-side Peo-

ple" (Mo-he-kun-e-uk), the Slave Lake Indians, "Peo-

ple of the Lowlands" (A-cha'o-tin-ne). Among the
Village Indians of Mexico, the Sochimilcos styled them-
selves "Nation of the Seeds of Flowers," the Chalcans,
"People of Mouths," the Tepanecans, "People of the
Bridge/* the Tezcucans or Culhuas "A Crooked People,"
and the Tlascalans "Men of Bread." When European
colonization began in the northern part of America, the
names of Indian tribes were obtained, not usually from
the tribe direct, but from other tribes who had bestowed

i AcoBta. "The Natural and Moral History of the Vast and

W*t Indies," Ixmd. d., 1604, Qriraton'i Trant., pp. 100 -193.
 IROQUOIS TRIBE lift

names upon them different from their own. As a conse-

quence, a number of tribes are now known in history
under names not recognized by themselves.
II. The exclusive possession of a dialect.
Tribe and dialect are substantially co-extensive, but
there are exceptions growing out of special cicumstan-
ces. now properly
Thus, the twelve Dakota bands are
tribes,because they are distinct in interests and in or-
ganization but they were forced into premature separa-
;

tion by the advance of Americans upon their original

area which forced them upon the plains. They had re-
mained in such intimate connection previously that but
one new dialect had commenced forming, the Tecton, on
the Missouri; the Isauntie on the Mississippi being the
original speech. A few years ago the Cherokees num-
bered twenty-six thousand, the largest number of Indi-
ans ever found within the limits of the United States
speaking the same dialect. But in the mountain districts
of Georgia a slight divergence of speech had occurred,
though not sufficient to be distinguished as a dialect.
There are a few other similar cases, but they do not
break the general rule during the aboriginal period which
made and dialect co-extensive. The Ojibwas, who
tribe
are still main non-horticultural, now number about
in the
fifteen thousand, and speak the same dialect; and the
Dakota tribes collectively about twenty-five thousand
who speak two very closely related dialects, as stated.
These several tribes are exceptionally large. The tribes
within the United States and British America would
yield, on an average, less than two thousand persons to
a tribe.
III. The right of investing sachems and chiefs elected
by the gentes.
Among the Iroquois the person elected could not be-
come a chief until his investiture by a council of chiefs.
As the chiefs of the gentes composed the council of the
tribe, with power over common interests, there was a
manifest propriety in reserving to the tribal council the
function of investing persons with office. But after the
confederacy was formed, the power of "raising up"
11$ ANCIENT SOCIETY

sachems and chiefs was transferred from the council of

the tribe to the council of the confederacy. With respect
to the tribes generally, the accessible information is in-
sufficient to explain their usages in relation to the mode
of investiture. It is one of the numerous subjects re-
quiring further investigation before the social system of
the Indian tribes can be fully explained. The office of
sachem and chief was universally elective among the
tribes north of Mexico; with sufficient evidence, as to
other parts of the continent, to leave no doubt of the
universality of the rule.
Among the Delawares each gens had one sachem ( Sa-
ke'ma), whose office was hereditary in the gens, besides
two common chiefs, and two war-chiefs making fifteen
in three gentes who composed the council of the tribe.
Among members of some one gens usu-
the Ojibwas, the
ally predominated Each gens had a
at each settlement.
sachem, whose office was hereditary in the gens, and
several common chiefs. \Yhere a large number of per-
sons of the same gens lived in one locality they would
be found similarly organized. There was no prescribed
limit to the number of chiefs. A
body of usages, which
have never been collected, undoubtedly existed in the
several Indian tribes respecting the election and investi-
ture of sachems and chiefs. A knowledge of them would
be valuable. An explanation of the Iroquois method of
"raising up" sachems and chiefs will be given in the
next chapter.
IV. The right to depose these sachems and chiefs.
This right rested primarily with the gens to which the
sachem and chief belonged. But the council of the tribe
possessed the same power, and could proceed independ-
ently of the gens, and even in opposition to its wishes.
In the Status of savagery, and in the Lower and also in
the Middle Status of barbarism, office was bestowed for
life, or during good behavior. Mankind had not learned
to limit an elective office for a term of years. The right
to depose, therefore, became the more essential for the
maintenance of the principle of self-government. This
right was a perpetual assertion of the sovereignty of the
 IROQUOIS TRIBE 117

gens and also of the tribe; a sovereignty feebly under-

stood, but nevertheless a reality.
V. The possession of a religious faith and worship.
After the fashion of barbarians the American Indians
were a religious people. The tribes generally held reli-
gious festivals at particular seasons of the year, which
were observed with forms of worship, dances and Barnes.
The Medicine Lodge, in many tribes, was the centre of
these observances. It was customary to announce the

holding of a Medicine Lodge weeks and months in ad-

vance to awaken a general interest in its ceremonies. The
religious system of the aborigines is another of the sub-
jects which has been but partially investigated. It is
rich in materials for the future student. The experience
of these tribes in developing their religious beliefs and
mode of worship is a part of the experience of mankind ;

and the facts will hold an important place in the science

of comparative religion.
Their system was more or less vague and indefinite,
and loaded with crude superstitions. Element worship
can be traced among the principal tribes, with a tendency
to polytheism in the advanced tribes. The Iroquoi?, for
example, recognized a Great, and an Evil Spirit, and a
multitude of inferior spiritual beings, the immortality of
the soul, and a future state. Their conception of the
Great Spirit assigned to him a human form; which was
equally true of the Evil Spirit of He'-no. the Spirit of
Thunder, of Ga'-oh, the Spirit of the Winds, and of the
Three Sisters, the Spirit of Maize, the Spirit of the Bean,
and the Spirit of the Squash. The latter were styled,
collectively, "Our Life," and also "Our Supporters."
Beside these were the spirits of the several kinds of trees
and plants, and of the running streams. The existence
and attributes of these numerous spiritual beings were
but feebly imagined. Among the tribes in the Lower
1
Status of barbarism idolatry was unknown. The Az-
i Near the close of the last century the Seneca-Iroquols, at
one of their villages on the Alleghany river, set up an idol of
wood, and performed danoes and other religious ceremonies
around it. My informer, the late William Parker, saw this
Idol in the river into which it had been cast. Whom it person-
ated he did not learn.
 118 AKCtBttfr SOCIETY

tecshad personal gods, with idols to represent them, and

a temple worship. If the particulars of their religious
system were accurately known, its growth out of the
common beliefs of the Indian tribes would probably be
made apparent
Dancing was a form of worship among the American
aborigines, and formed a part of the ceremonies at all
religious festivals. In no part of the earth, among bar-
barians, has the dance received a more studied develop-
ment. Every tribe has from ten to thirty set dances;
each of which has its own name, songs, musical instru-

ments, steps; plan and costume for persons. Some of

them, as the war-dance, were common to all the tribes.
Particular dances are special property, belonging either
to a gens, or to a society organized for its maintenance,
into which new members were from time to time initi-
ated. O
The dances of the Dakotas, the Crees, the jib-
was, the Iroquois, and of the Pueblo Indians of New
Mexico, are the same in general character, in step, plan,
and music and the same is true of the dances of the
;

Aztecs so far as they are accurately known. It is one

system throughout the Indian tribes, and bears a direct
relation to their system of faith and worship.
VI. A supreme government through a council of
chiefs.
The council had a natural foundation in the gentes of
whose chiefs it was composed. It met a necessary want,
and was certain to remain as long as gentile society en-
dured. As the gens was represented by its chiefs, so the
tribe was represented by a council composed of the chiefs
of the gentes. It was a permanent feature of the social
system, holding the ultimate authority over the tribe.
Called together under circumstances known to all, held
in the midst of the people, and open to their orators, it
was certain to act under popular influence. Although
oligarchical in form, the government was a representa-
tive democracy ; the representative being elected for life,
but subject to deposition. The brotherhood of the mem-
bers of each gens, and the elective principle with respect
to office, were the germ and the basis of the democratic
 IROQUOIS TRIBE }|9

principle. Imperfectly developed, as other great prin-

ciples were in this early stage of advancement, democ-
racy can boast a very ancient pedigree in the tribes of
mankind.
It devolved upon the council to guard and protect the
common interests of the tribe. Upon the intelligence
and courage of the people, and upon the wisdom and
foresight of the council, the prosperity and the existence
of the tribe depended. Questions and exigencies were
arising, through their incessant warfare with other tribes,
which required the exercise of all these qualities to meet
and manage. It was unavoidable, therefore, that the
popular element should be commanding in its influence.
As a general rule the council was open to any private
individual who desired to address it on a public ques-
tion. Even the women were allowed to express their
wishes and opinions through an orator of their own
selection. But the decision was made by the council.
Unanimity was a fundamental law of its action among
the Iroquois; but whether this usage was general I am
unable to state.

Military operations were usually left to the action of

the voluntary principle. Theoretically, each tribe was at
war with every other tribe with which it had not formed
a treaty of peace. Any person was at liberty to organize
a war-party and conduct an expedition wherever he
pleased. He announced his project by giving a war-
dance and inviting volunteers. This method furnished
a practical test of the popularity of the undertaking. If
he succeeded in forming a company, which would con-
sist of such persons as joined him in the dance, they de-

parted immediately, while enthusiasm was at its height.

When a tribe was menaced with an attack, war-parties
were formed to meet it in much the same manner.
Where forces thus raised were united in one body, each
was under its own war-captain, and their joint move-
ments were determined by a council of these captains. If
there was among them a war-chief of established repu-
tation he would naturally become their leader. These
statements relate to tribes in the Lower Status of barbar-
120 ANCIENT SOCIETY

ism. The Aztecs and Tlascalans went out by phratries,

each subdivision under its own captain, and distinguished
by costumes and banners.
Indian tribes, and even confederacies, were weak or-
ganizations for military operations. That of the Iro-
quois, and that of the Aztecs, were the most remarkable
for aggressive purposes. Among the tribes in the Lower
Status of barbarism, including the Iroquois, the most
destructive work was performed by inconsiderable war-
parties, which were constantly forming and making ex-
peditions into distant regions. Their supply of food
consisted of parched corn reduced to flour, carried in a
pouch attached to the belt of each warrior, with such
fish and game as the route supplied. The going out of
these war-parties, and their public reception on their
return, were among the prominent events in Indian life.
The sanction of the council for these expeditions was not
sought, neither was it necessary.
The council of the tribe had power to declare war and
make peace, to send and receive embassies, and to make
alliances. It exercised all the powers needful in a gov-
ernment so simple and limited in its affairs. Intercourse
between independent tribes was conducted by delegations
of wise-men and chiefs. When such a delegation was
expected by any tribe, a council was convened for its re-
ception, and for the transaction of its business.
VII. A head-chief of the tribe in some instances.
In some Indian tribes one of the sachems was recog-
nized as its head-chief; and as superior in rank to his
associates. A need existed, tq some extent, for an official
head of the tribe to represent it when the council was not
in session;
but the duties and powers of the office were
slight. Although the council was supreme in authority
it was rarely in session, and questions might arise de-

manding the provisional action of some one authorized

to represent the tribe, subject to the ratification of his
acts by the council. This was the only basis, so far as
the writer is aware, for the office of head-chief. It ex-
isted in a number of tribes, but in a form of authority
so feeble as to fall below the conception of an executive
 IROQUOIS TRIBE 121

magistrate. In the language of some of the early writers

they have been designated as kings, which is simply a
caricature. The Indian tribes had not advanced far
enough in a knowledge of government to develop the
idea of a chief executive magistrate. The Iroquois tribe
recognized no head-chief, and the confederacy no execu-
tive officer. The elective tenure of the office of chief,
and the liability of the person to deposition, settled the
character of the office.
Acouncil of Indian chiefs is of little importance by it-
self but as the germ of the modern parliament, congress,
;

and legislature, it has an important bearing in the history

of mankind.
The growth of the idea of government commenced
with the organization into gcntcs in savagery. It reveals
three great stages of progressive development between
its commencement and the institution of political society
after civilization had been attained. The first stage was
the government of a tribe by a council of chiefs elected
by the gentes. It may be called a government of one
power ; namely, the council. It prevailed generally among
tribes in the Lower Status of barbarism. The second
stage was a government co-ordinated between a council
of chiefs, and a general military commander; one rep-
resenting the civil and the other the military functions
This second form began to manifest itself in the Lower
Status of barbarism, after confederacies were formed,
and it became definite in the Middle Status. The office
of general, or principal military commander, was the
germ of that of a chief executive magistrate, the king,
the emperor, and the president. It may be called a gov-
ernment of two powers, namely, the council of chiefs,
and the general. The third stage was the government
of a people or nation by a council o chiefs, an assembly
of the people, and a general military commander. It ap-
peared among the tribes who had attained to the Upper
Status of barbarism such, for example, as the Homeric
;

Greeks, and the Italian tribes of the period of Romulus.

A large increase in the number of people united in a na-
tion, their establishment in walled cities, and the creaj
Iftg ANCIENT SOCIETY

tion of wealth in lands and in flocks and herds, brought

fn the assembly of the people as an instrument of gov-
ernment. The council of chiefs, which still remained,
found it necessary, no doubt through popular constraint,
to submit the most important public measures to an as-
sembly of the people for acceptance or rejection whence ;

the popular assembly. This assembly did not originate

measures. It was its function to adopt or reject, and its
action was final. From its first appearance it became a
permanent power in the government. The council no
longer 'passed important public measures, but became a
pre-considering council, with power to originate and
mature public acts, to which the assembly alone could
give validity. It may be called a government of three

powers; namely, the pre-considering council, the assembly

of the people, and the general. This remained until the
institution of political society, when, for example, among
the Athenians, the council of chiefs became the senate,
and the assembly of the people the ecclesia or popular
assembly. The same organizations have come down to
modern times in the two houses of parliament, of con-
gress, and of legislatures. In like manner the office of
general military commander, as before stated, was the
germ of the office of the modern chief executive mag-
istrate.

Recurring to the tribe, it was limited in the numbers

of the people, feeble in strength, and poor in resources;
but yet a completely organized society. It illustrates the
condition of mankind in the Lower Status of barbarism.
In the Middle Status there was a sensible increase of
numbers in a tribe, and an Improved condition but with ;

a continuance of gentile society without essential change.

Political society was still impossible from want of ad-
vancement. The gentes organized into tribes remained
as before; but confederacies must have been more fre-
quent. In some areas, as in the Valley of Mexico, larger
numbers were developed under a common government,
with improvements in the arts of life; but no evidence
exists of the overthrow among them of gentile society
.and the substitution of political. It is impossible feo fotmtf
 mOQUOlS TRIBE Iff

a political society or a state upon gentes. Astate must

rest upon territory and not upon persons, upon the town-
ship as the unit of a political system, and not upon the
gens which is the unit of a social system. It required
time and a vast experience, beyond that of the American
Indian tribes, as a preparation for such a fundamental
change of systems. It also required men of the mental
stature of the Greeks and Romans, and with the experi-
ence derived from a long chain of ancestors to devise
and gradually introduce that new plan of government
under which civilized nations are living at the present
time.
Following the ascending organic series, we are next
to consider the confederacy of tribes, in which the gentes,
phratries and tribes will be seen in new relations. The
remarkable adaption of the gentile organization to the
condition and wants of mankind, while in a barbarous
state, will thereby be further illustrated.
 CHAPTER V
THE IROQUOIS CONFEDERACY

A tendency to confederate for mutual defense would

very naturally exist among kindred and contiguous
tribes. When the advantages of a union had been ap-
preciated by actual experience the organization, at first
a league, would gradually cement into a federal unity.
The state of perpetual warfare in which they lived would
quicken this natural tendency into .action among such
tribes as were sufficiently advanced in intelligence and in
the arts of life to perceive its benefits. It would be simply
a growth from a lower into a higher organization by
an extension of the principle which united the gentes in
a tribe.
As might have been expected, several confederacies
existed in different pirts of North America when dis-
covered, some of which were quite remarkable in plan
and structure. Among the number may be mentioned
the Iroquois Confederacy of five independent tribes, the
Creek Confederacy of six, the Otawa Confederacy of
three, the Dakota Leagqe of the "Seven Council-Fires,"
the Moqui Confederacy in New Mexico of Seven Pueb-
los, and the Aztec Confederacy of three tribes in the
Valley of Mexico. It is probable that the Village Indi-
ans in other parts of Mexico, in Central and in South
America, were quite generally organized in confederacies
consisting of two or more kindred tribes. Progress nec-
essarily took this direction from the nature of their in-
stitutions, and from the law governing their develop-
ment. Nevertheless the formation of a confederacy out
1*4
 THE IROQUOIS CONFEDERACY Iflfc

of such materials, and with such unstable geographical

relations, was a difficult undertaking. It was easiest of
achievement by the Village Indians from the nearness
to each other of their pueblos, and from the smallness
of their areas but it was accomplished in occasional in-
;

sFances by tribes in the Lower Status of barbarism, and

notably by the Iroquois. Wherever a confederacy was
formed it would of itself evince the superior intelligence
of the people.
The two highest examples of Indian confederacies in
North America were those of the Iroquois and of the
Aztecs. From their acknowledged superiority as military
powers, and from their geographical positions, these con-
federacies, in both cases, produced remarkable lesults.
Our knowledge of the structure and principles of the
former is definite and complete, while of the latter it is
far from satisfactory. The Aztec confederacy has been
handled in such a manner historically as to leave it doubt-
ful whether it was simply a league of three kindred
tribes, offensive and defensive, or a systematic confeder-
acy like that of the Iroquois. That which is true of the
latter was probably in a general sense true of the for-
mer, so that a knowledge of one will tend to elucidate
the other.
The conditions under which confederacies spring into
being and the principles on which they are formed are
remarkably simple. They grow naturally, with time, out
of pre-existing elements. Where one tribe had divided
into several and these subdivisions occupied independent
but contiguous territories, the confederacy re-integrated
them in a higher organization, on the basis of the com-
mon gentes they possessed, and of the affiliated dialects
they spoke. The sentiment of kin embodied in the gens,
the common lineage of the gentes, and their dialects
still mutually intelligible, yielded the material elements

for a .confederation. The confederacy, therefore, had

the gentes for its basis and centre, and stock language
f6r its circumference.
*
No one has been found that
reached beyond the bounds of the dialects of a common
language: If this natural barrier h&4 been crossed it
lift ANCIENT gOCIBTT

would have forced heterogeneous elements into the or-

ganization. Cases have occurred where the remains of
a tribe, not cognate in speech, as the Natchez,1 have
been admitted into an existing confederacy; but this
exception would not invalidate the general proposition.
It was impossible for an Indian power to arise upon the
American continent through a confederacy of tribes or-
ganized in gentes, and advance to a general supremacy
unless their numbers were developed from their own
stock. The multitude of stock languages is a standing
explanation of the failure. There was no possible way
of becoming connected on equal terms with a confeder-
acy excepting through membership in a gens and tribe,
and a common speech.
It may here be remarked, parenthetically, that it was
impossible in the Lower, in the Middle, or in the Upper
Status of barbarism for a kingdom to arise by natural
growth in any part of the earth under gentile institu-
tions. I venture to make this suggestion at this early

stage of the discussion in order to call attention more

closely to the structure and principles of ancient society,
as organized in gentes, phratries and tribes. Monarchy
is incompatible with gentilism. It belongs to the later

period of civilization. Despotisms appeared in some in-

stances among the Grecian tribes in the Upper Status of
barbarism but they were founded upon usurpation, were
;

considered illegitimate by the people, and were, in fact,

alien to the ideas of gentile society. The Grecian tyran-
nies were despotisms founded upon usurpation, and were
the germ out of which the later kingdoms arose ; while
the so-called kingdoms of the heroic age were military
democracies, and nothing more.
The Iroquois hav$ furnished an excellent illustration
of the manner in which a confederacy is formed by nat-
ural growth assisted by skillful legislation. Originally
emigrants from beyond the Mississippi, and probably a
branch of the Dakota stock, they first made their way

i They were admitted into the Creek Confederacy after the|r

overthrow by the French*
 THE IROQUOI8 CONFEDERACY Iff

to the valley of the St. Lawrence and settled themselves

near Montreal. Forced to leave this region by the hostil-
ity of surrounding tribes, they sought the central region
of New York. Coasting the eastern shore of Lake On-
tario in canoes, for their numbers were small, they made
their first settlement at the mouth of the Oswego river,
where, according to their traditions, they remained for
a long period of time. They were then in at least three
distinct tribes, the Mohawks, the (Tnondagas, and the
Senecas. One tribe subsequently established themselves
at the head of the Canandaigua lake and became the
Senecas. Another tribe occupied the Onondaga Valley
and became the Onondagas. The third passed eastward
and settled first at Oneida near the site of Utica, from
which place the main portion removed to the Mohawk
Valley and became the Mohawks. Those who remained
became the Oneidas. A portion of the Onondagas or
Senecas settled along the eastern shore of the Cayuga
lake and became the Cayugas. New York, before its
occupation by the Iroquois, seems to have been a part
of the area of the Algonkin tribes. According to Iro-
quois traditions they displaced its anterior inhabitants
as they gradually extended their settlements eastward to
the Hudson, and westward to the Genesee. Their tradi-
tions further declare that a long period of time elapsed
after their settlement in New York before the confeder-
acy was formed, during which they made common cause
against their enemies and thus experienced the advan-
tages of the federal principle both for aggression and de-
fense. They resided in villages, which were usually
surrounded with stockades, and subsisted upon fish and
game, and the products of a limited horticulture. In
numbers they did not at any time exceed 20,000 souls,
if they ever reached that number. Precarious subsist-
ence and incessant warfare repressed numbers in all the
aboriginal tribes, including the Village Indians as well.
The Iroquois were enshrouded in the great forests,
which then overspread New York, against which they
had no power to contend. They were first discovered
A. D. 1608. About 1675, they attained their culminat-
188 ANCIENT SOCIETY

ing point when their dominion reached over an area re-

markably large, covering the greater parts of New
York,
1
Pennsylvania and Ohio, and portions of Canada north of
Lake Ontario. At the time of their discovery, they were
the highest representatives of the Red Race north of
Xew Mexico in intelligence and advancement, though
perhaps inferior to some of the Gulf tribes in the arts
of life. In the extent and quality of their mental endow-
ments they must ber rankcd among the highest Indians in
America. Although they have declined in numbers
there arc still four thousand Iroquois in New York,
about a thousand in Canada, and near that number in the
West; thus illustrating the efficiency as well as persist-
ency of the arts of barbarous life in sustaining existence.
It is now said that they arc slowly increasing.
When the confederacy was formed, about A. D. 1400-
I45O,
2
the conditions previously named were present.
The Iroquois were in five independent tribes, occupied
territories contiguous to each other,and spoke dialects
of the same language which were mutually intelligible.
Beside these facts certain gentes were common in the
several tribes as has been shown. In their relations to
each other, as separated parts of the same gens, these
common gentes afforded a natural and enduring basis
for a confederacy. With these elements existing, the
formation of a confederacy became a question of intel-
ligence and skill. Other tribes in large numbers were
standing in precisely the same relations in different parts
of the continent without confederating. The fact that
the Iroquois tribes accomplished the work affords evi-
dence of their superior capacity. Moreover, as the con-
federacy was the ultimate stage of organization among
the American aborigines its existence would be expected
in the most intelligent tribes only.

i About 3651-5, they expelled their kindred tribe*, the Erles,

from the region between the Genesee river and Lak^ Erie,
and shortly afterwards the Neutral Nations from the Niagara
river, and thus came into possession of the remainder ot New
York, with the exception of the lower Hudson and Long Island.
a The Iroquois claimed that it had existed from one hundred
and fifty to two hundred years when they first saw Europeans.
The generations of sachems in the history by David Cuslk (a
Tuscarora) would make it more ancient.
 THE IROQUOIS CONFEDERACY Iff)

It is affirmed by the Iroquois that the confederacy was

formed by a council of wise-men and chiefs of the five
tribes which met for that purpose on the north shore of
Onondaga lake, near the site of Syracuse; and that be-
fore its session was concluded the organization was per-
fected, and set in immediate operation. At their periodi-
cal councils for raising up sachems they still explain its
origin as the result of one protracted effort of legisla-
tion. It was probably a consequence of a previous alli-
ance for mutual defense, the advantages of which they
had perceived and which they sought to render perma-
nent.
Theorigin of the plan is ascribed to a mythical, or,
at least, traditionary person, Ha-yo-ivcnt'-ha, the Hia-
watha of Longfellow's celebrated poem, who was pres-
ent at this council and the central person in its manage-
ment. In his communications with the council he used
a wise-man of the Onondagas, Da-ga-no-wc'-da, as an
interpreter and speaker to expound the structure and
principles of the proposed confederacy. The same tradi-
tion further declares that when the work was accom-
plished Ha-yo-went'-hd miraculously disappeared in a
white canoe, which arose with him in the air ami bore
him out of their sight. Other prodigies, according to
this tradition, attended and signalized the formation of
the confederacy, which is still celebrated among them as
a masterpiece of Indian wisdom. Such in truth it was;
and it will remain in history as a monument of their
genius in developing gentile institutions. It will also be
remembered as an illustration of what tribes of mankind
have been able to accomplish in the art of government
while in the Lower Status of barbarism, and under the
disadvantages this, condition implies.
Which of the two persons was the founder of the
confederacy it is difficult to determine. The silent Ha-
yo-went'-ha was, not unlikely, a real person of Iroquois
1
cage; but tradition has enveloped his character so

i My friend, Horatio Hale, the eminent philologist, came, at

he informed me. to this conclusion.
UK) ANCIENT SOCIETY

completely in the supernatural that he loses his place

among them as one of their number. If Hiawatha were
a real person, Do-ga-no-we'-da must hold a subordinate
place; but, if a mythical person invoked for the occa-
sion, then to the latter belongs the credit of planning the
confederacy.
The Iroquois affirm that the confederacy as formed by
this council, with its powers, functions and mode of ad-
ministration, has come down to them* through many gen-
erations to the present time with scarcely a change in its
internal organization. When the Tuscaroras were sub-
sequently admitted, their sachems were allowed by
courtesy to sit as equals in the general council, but the
original number of sachems was not increased, and in
strictness those of the Tuscaroras formed no part of
the ruling body.
The general featuies of the Iroquois Confederacy may
be summarized in the following propositions:
I. The confederacy was a union of Five Tribes, com-
posed of common gentes, under one government on the
basis of equality: each Tribe remaining independent in
all manners pertaining to
local self-government.
II. created a General Council of Sachems, who
It
were limited in number, equal in rank and authority, and
invested with supreme powers over all matters pertain-
ing to the Confederacy.
III. Fifty Sachemships were created and named in
perpetuity in certain gentes of the several Tribes; with
power in these gentes to fill vacancies, as often as they
occurred, by election from among their respective mem-
bers, and with the further power to depose from office
for cause; but the right to invest these Sachems with
office was reserved to the General Council.
IV. The Sachems of the Confederacy were also Sa-
chems in their respective Tribes, and with the Chiefs of
these Tribes formed the Council of each, which was su-
preme over all matters pertaining to the Tribe exclu-
sively.
V. Unanimity in the Council of the Confederacy was
made essential to every public act.
 THE IROQUOIS CONPBDKRACT 181

VI In the General Council the Sachems voted by

Tribes, which gave to each Tribe a negative upon the
others.
VII. The Council of each Tribe had power to con-
vene the General Council; but the latter had no power
to convene itself.
VIII. The General Council was open to the oratots
of the people for the discussion of public questions; but
the Council alone decided.
IX. The Confederacy had no chief Executive Mag-
istrate, or official head.
X. Experiencing the necessity for a General Military
Commander they created the office in a dual form, that
one might neutralize the other. The two principal War-
chiefs created were made equal in powers.
These several propositions will be considered and il-
lustrated, but without following the precise form or or-
der in which they are stated.
At the institution of the confederacy fifty permanent
sachemships were created and named, and made per-
petual in the gentes to which they were assigned. With
the exception of two, which were filled but once, they
have been held by as many different persons in succes-
sion as generations have passed away between that time
and the present. The name of each sachemship is also
the personal name of each sachem while* he holds the of-
fice, each one in succession taking the name of his prede-
cessor. These sachems, when in session, formed the
council of the confederacy in which the legislative, ex-
ecutive, and judicial powers were vested, although such
a discrimination of functions had not come to be made.
To secure order in succession, the several gentes in which
these offices were made hereditary were empowered to
elect successors from among their respective members
when vacancies occurred, as elsewhere explained. As a
further measure of protection to their own body each
sachem, after his election and its confirmation, was in-
vested with his office by a council of the confederacy.
When thus installed his name was "taken away" and
that of the sachemship' was bestowed upon him. By this
181 ,
ANCIENT SOCIETY

name he was afterwards known among them. They were

all upon equality in rank, authority, and privileges.
These sachemships were distributed unequally among
the five tribes but without giving to either a preponder-
;

ance of power; and unequally among the gentes of the

last three tribes. The Mohawks had nine sachems, the
Oneidas nine, the Onondagas fourteen, the Cayugas ten,
and the Senecas eight. This was the number at first,
and it has remained the number to the present time. A
table of these sachemships is subjoined, with their names
in the Seneca dialect, and their arrangement in classes
to facilitate the attainment of unanimity in council. In
foot-notes v/ill be found the signification of these names,
and the gentes to which they belonged.
Table of sachemships of the Iroquois, founded at the
institution of the Confederacy; with the names which
have been borne by their sachems in succession, from its
formation to the present time :

Mohawks.
* *
I. i. Da-ga-e'-o-ga. 2. Ha-yo-went'-ha. 3. Da-
8

ga-no-we'-da.
II. 4. So-a-e-wa'ah. 4 5. Da-yo'-ho-go.
6 6. O-a-a'-go-
wa. 6
7 8
III. 7. Da-an-no-ga'-e-neh. 8. Sa-da'-ga-e-wa-deh.
9
9. Has-da-weh'-se-ont-ha.

Oneidas.
I. Ho-das'-ha-teh. *
2.
Ga-no-gweh'-yo-do.
1 1
3. Da
2 J
yo-ha-gwen-da.
II. 4. So-no-sase'. 18 . 5. To-no-a-ga'-o. 14 6. Ha-de-a-
clun-nent'-ha. 16
III. 16 8. 17
7. Da-wa-dii'-o-da-yo. Ga-ne-a-dus'-ha-yeh.

1 These, names signify as follows: 1. "Neutral/* or "the

Shield." 2. "Man who Combs." 3. "Inexhaustible." 4. "Small
Speech." 6. "At the Forks." 6. "At the Great River." 7.
"Dragging Ma Horns." 8. "Even-Tempered." 9. "Hanging: up
Rattles." The sachems in class one belonged to the Turtle
gens, in class two to the Wolf gens, and in class three to the
Bear gens.
10. "A Man bearing a Burden." 11. "A Man covered with
Cat-tall Down." 12. "Opening through the Woods." 13. "A
Long String." 14. "A Man with a Headache." 15. "Swallowing
Himielf." 16. "Place of the Echo." 17. "War-club on th
 THE IROQUOlS CONFEDERACY l$g
1 8
9. Ho-wus'-ha-da-o.

Onondagas.
1 9
I. I. To-do-da'-ho. 2. To-nes'-sa-ah. 3. Da-at-ga-
dose. 20
II. 4. 21 22 6. Da-
Ga-neii-da'-jc-wakc 5. Ah-\va'-ga-yat.
ii-vat'-gwa-e.
III. 7. IIo-no-tve-na'-to. 2a
IV. 8. Ga-\va-na'-saii-do.i 9. llii-e'-ho. 2 10. Iloyo-ne-
8
ii'-ne. 11. Sa-dii'-kwa-seh. 4
"

6
V. 12. Sii-go-ga-ha'. 13. IIo-sa-ha'-ho. c 14. Ska-no'-
7
wun-de.

Cayugas.
9
I.
Da-ga'-a-yo.g 2. Da-je-no'da-weh-o.
i.
3. Ga-da'-
10 ] 1
gwa-sa. 4. So-yo \vase. 5. Ha-de-iis'-
1 2
yo-no.
II. 6. Da-yo-o-yo'-go. 1 3 7. Jotc-ho-weh'-ko.
1 4
8. De-
a-wate'-ho. 15
III. 9. To-da-e-ho'. 1(J TO. Des-ga'-heh. 17

I. I. 1H 2. 19
Ga-ne-o-di'-yo. Sa-da-gii'-o-yase.
II. 3. 21
Ga-nogi'-e.* Sa-geh'-jo-wa.
4.
III. 5. Sii-de-a-no'-wus. 2 a 6. Nis-ha-ne-a'-nent. 2S
24
IV. 7. Ga-no-go-e-da'-we. 8. Done-hoga'-weh. 26
Two of these sachemships have been filled but once
since their creation. Ha-yo-wcnt'-ha and Da-ga-no-we'-

Ground." 18. "A Man Steaming: Himself." The sachems In the

first class belong to the Wolf gens, in the second to the Turtle
gens, and in the third to the Bear gens.
19. "Tangled," Bear fens. 20. "On the Watch," Bear gens.
This sachem and the one before him, were hereditary council-
ors of the To-do-da'-ho, who held the most illustrious sachem,
ship. 21. "Bitter Body/' Snipe grens. 22. Turtle grens. 23. Tfcia
achem was hereditary keeper of the wampum; Wolf Kens.
1. Deer gens. 2. Deer gens. 3. Turtle tfens. 4. Bear grens.
6. "Having a Glimpse." Deer gens.
* 4
6. Large Mouth," Turtle
gens. 7. "Over the Creek," Turtle gens.
8. "Man Frightened," Deer gens. 9. Heron gens. 10. Bear
gens. 11. Bear gens. 12. Turtle gens. 13. Not ascertained. 1-1.
"Very Cold," Turtle gens. 15. Heron gens. 16. Snipe gens.
17. Snipe gens.
18. "Handsome Lake," Turtle gens. 19. "Level Heavens."
Snipe gens. 20. Turtle gens. 21. "Great Forehead." Hawk gens.
2S. "Assistant." Bear gens. 23. "Falling Day," Snipe gens. 24.
"Hair Burned Off," Snipe gens. 26. "Open Door," Wolf gen*.
134 ANCIENT SOCIETY

da consented to take the office among the Mohawk sa-

chems, and to leave their names in the list upon condi-
tion that after their demise the two should remain there-
after vacant. They were installed upon these terms, and
the stipulation has been observed to the present day. At
all councils for the investiture of sachems their names
are stillcalled with the others as a tribute of respect to
their memory. The general council, therefore, consisted
of but forty-eight members.
Each sachem had an assistant sachem, who was elected
by the gens of his principal from among its members,
and who was installed with the same forms and cere-
monies. He was styled an "aid." It was his duty to
stand behind his superior on all occasions of ceremony,
to act as his messenger, and in general to be subject
to his directions. It gave to the aid the office of chief,
and rendered probable his election as the successor of his
principal after the decease of the latter. In their figur-
ative language these aids of the sachems were styled
"Braces in the Long House/' which symbolized the con-
federacy.
The names bestowed upon the original sachems be-
came the names of their respective successors in per-
petuity. For example, upon the demise of Ga-ne-o~d-
yo, one of the eight Seneca sachems, his successor would
be elected by the Turtle gens in which this sachemship
was hereditary, and when raised up by the general coun-
cil he would receive this name, in place of his own, as
a part of the ceremony. On several different occasions
I have attended their councils for raising up sachems
both at the Onondaga and Seneca reservations, and wit-
nessed the ceremonies herein referred to. Although but
a shadow of the old confederacy now remains, it is fully
organized with its complement of sachems and aids, with
the exception of the Mohawk tribe which removed to
Canada about 1775. Whenever vacancies occur their
places are filled, and a general council is convened to in-
stall the new sachems and their aids. The present Iro-
quois are also perfectly familiar with the structure and
principles of the ancient confederacy.
 THE IROQUOIS CONFEDERACY 135

For all purposes of tribal government the five tribes

were independent of each other. Their territories were
separated by fixed boundary lines, and their tribal inter-
ests were distinct. The eight Seneca sachems, in con-
junction with the other Seneca chiefs, formed the coun-
cil of the tribe by which its affairs were administered,

leaving to each of the other tribes the same control over

their separate interests. As an organization the tribe
was neither weakened nor impaired by the confederate
compact. Each was in vigorous life within its appropri-
ate sphere, presenting some analogy to our own states
within an embracing republic. It is worthy of remem-
brance that the Iroquois commended to our forefathers
a union of the colonies similar to their own as early as
1755. They saw in the common interests and common
speech of the several colonies the elements for a con-
federation, which was as far as their vision was able to
penetrate.
The tribes occupied positions of entire equality in the
confederacy, in rights, privileges and obligations. Such
special immunities as were granted to one or another
indicate no intention to establish an unequal compact, or
to concede unequal privileges. There were organic pro-
visions apparently investing particular tribes with su-
perior power; as, for example, the Onondagas were al-
lowed fourteen sachems and the Senecas but eight; and
a larger body of sachems would naturally exercise a
stronger influence in council than a smaller. But in this
case it gave no additional power, because the sachems
of each tribe had an equal voice in forming a decision,
and a negative upon the others. When in council they
agreed by tribes, and unanimity in opinion was essential
to every public act. The Onondagas were made "Keep-
ers of the Wampum," and "Keepers of the Council
Brand," the Mohawks, "Receivers of Tribute" from sub-
jugated tribes, and the Senecas "Keepers of the Door"
of the Long House. These and some other similar provi-
sions were made for the common advantage.
The cohesive principle of the confederacy did not
spring exclusively from the benefits of an alliance for
186 ANCIENT SOCIETY

mutual protection, but had a deeper foundation in the

bond of kin. The confederacy rested upon the tribes
ostensibly, but primarily upon common gentes. All the
members of the same gens, whether Mohawks, Oneidas,
Onondagas, Cayugas, or Senecas, were brothers and
sisters to each other in virtue of their descent from the
same common ancestor and they recognized each other
;

as such with the fullest cordiality. When they met the

first inquiry was the name of each other's gens, and next
the immediate pedigree of their respective sachems after ;

which they were usually able to find, under their peculiar

*
system of consanguinity, the relationship in which they
stood to each other. Three of the gentes, namely, the
Wolf, Bear and Turtle, were common to the five tribes ;

these and three others were common to three tribes. In

effect the Wolf gens, through the division of an original
tribe into five, was now in five divisions, one of which
was in each tribe. It was the same with the Bear and the
Turtle gentes. The Deer, Snipe and Hawk gentes were
common to the Senecas, Cayugas and Onondagas. Be-
tween the separated parts of each gens, although its mem-
bers spoke different dialects of the same language, there
existed a fraternal connection which linked the nations
together with indissoluble bonds. When the Mohawk
of the Wolf gens recognized an Oneida, Onondaga,
Cayuga or Seneca of the same gens as a brother, and
when the members of the other divided gentes did the
same, the relationship was not ideal, but a fact founded
upon consanguinity, and upon faith in an assured line-
age older than their dialects and coeval with their unity
as one people. In the estimation of an Iroquois every
member of his gens in whatever tribe was as certainly a
kinsman as an own brother. This cross-relationship be-
tween persons of the same gens in the different tribes is

i The children of brothers are themselves brothers and sis-

ters to each other, the children of the latter were also brothers
and sisters, and so downwards indefinitely; the children and
descendants of sisters are the same. The children of a brother
and sister are cousins, the children of the latter are cousins,
and so downwards indefinitely. A knowledge** of the relation*
ships to each other of the members of the same gens is never
lost
 THE IROQUOIS CONFEDERACY 1$)

still preserved and recognized among them in all its

original force. It explains the tenacity with which the

fragments of the old confederacy still cling together.

If either of the five tribes had seceded from the confed-
eracy it would have severed the bond of kin, although
this would have been feltbut slightly. But had they
fallen into collision it would have turned the gens of
the Wolf against their gentile kindred, Itear against
Bear, in a word brother against brother. The history of
the Iroquois demonstrates the reality as well as per-
sistency of the bond of kin, and the fidelity with which
it was respected. During the long period through which
the confederacy endured, they never fell into anarchy,
nor ruptured the organization.
The "Long House" (Ho-dc'-no-sotc) was made the
symbol of the confederacy and they styled themselves
;

the "People of the Long House" (Ho-dc'-no-sau-nee).

This was the name, and the only name, with which they
distinguished themselves. The confederacy produced a
gentile society more complex than that of a single tribe,
but it was still distinctively a gentile society. It was,
however, a stage of progress in the direction of a na-
tion, for nationality is reached under gentile institutions.
Coalescence is the last stage in this process. The four
Athenian tribes coalesced in Attica into a nation by the
intermingling of the tribes in the same area, and by the
gradual disappearance of geographical lines between
them. The tribal names and organizations remained in
full vitality as before, but without the basis of an inde-
pendent territory. \Yhen political society was instituted
on the basis of the deme or township, and all the resi-
dents of the deme became a body politic, irrespective of
their gens or tribe, the coalescence became complete.
The coalescence of the Latin and Sabine gentes into
the Roman people and nation was a result of the same
processes. In all alike the gens, phratry and tribe were
the first three stages of organization. The confederacy
followed as the fourth. But it does not appear, either
among the Grecian or Latin tribes in the Later Period[
of barbarism, that it became more than a loose league
188 ANCIENT SOCIETY

for offensive and defensive purposes. Of the nature and

details of organization of the Grecian and Latin confed-
eracies our knowledge is limited and imperfect, because
the facts are buried in the obscurity of the traditionary
period. The process of coalescence arises later than the
confederacy in gentile society; but it was a necessary as
well as vital stage of progress by means of which the
nation, the state, and political society were at last at-
tained. Among the Iroquois tribes it had not manifested
itself.
The valley of Onondaga, as the seat of the central
tribe,and the place where the Council Brand was sup-
posed to be perpetually burning, was the usual though
not the exclusive place for holding the councils of the
confederacy. In ancient times it was summoned to con-
vene in the autumn of each year; but public exigencies
often rendered its meetings more frequent. Each tribe
had power to summon the council, and to appoint the
time and place of meeting at the council-house of either
tribe, when circumstances rendered a change from the
usual place at Onondaga desirable. But the council had
no power to convene itself.

Originally the principal object of the council was to

raise up sachems to fill vacancies in the ranks of the rul-
ing body occasioned by death or deposition; but it trans-
acted all other business which concerned the common
welfare. In course of time, as they multiplied in num-
bers and their intercourse with foreign tribes became
more extended, the council fell into three distinct kinds,
which may be distinguished as Civil, Mourning and Re-
ligious. The first declared war and made peace, sent
and received embassies, entered into treaties with foreign
tribes, regulated the affairs of subjugated tribes, and took
all needful measures to promote the general welfare. The
second raised up sachems and invested them with office.
It received the name of Mourning Council because the
first of its ceremonies was the lament for the deceased
ruler whose vacant place was to be filled. The third was
held for the observance of a general religious festival.
It was made an occasion for the confederated tribes to
 THE tnOQtJOiS CONFEDERACY Igft

unite under the auspices of a general council in the ob-

servance of common religious rites. But as the Mourn-,
ing Council was attended with many of the same cere-
monies it came, in time, to answer for both. It is now
the only council they hold, as the civil powers of the
confederacy terminated with the supremacy over them
of the state.
Invoking the patience of the reader, it is necessary to
enter into some details with respect to the mode of trans-
acting business at the Civil and Mourning Councils. In
no other way can the archaic condition of society under
gentile institutions be so readily illustrated.
If an overture was made to the confederacy by a for-
eign tribe, it might be done through either of the five
tribes. It was the prerogative of the council of the tribe
addressed to determine whether the affair was of suf-
ficient importance to require a council of the confeder-
acy. After reaching an affirmative conclusion, a herald
was sent to the nearest tribes in position, on the east
and on the west, with a belt of wampum, which contained
r
a message to the effect that a civil council (Ho-de-os -
seh) would meet at such a place and time, and for such
an object, each of which was specified. It was the duty
of the tribe receiving the message to forward it to the
tribe next in position, until the notification was made
complete.
l
No council ever assembled unless it was
summoned under the prescribed forms.

i A civil council, which might be called by either nation, was

usually ummoned and opened in the following manner: If,
for example, the Onondagas made the call, they would send
heralds to the Oneidaj on the east, and the Cayugas on the
west of them, with belts containing an invitation to meet at
the Onondaga council-grove on such a day of such a moon,
for purposes which were also named. It would then become
the duty of the Cayugas to send the same notification to the
Senecas, and of the On eld as to notify the Mohawks. If the
council was to meet for peaceful purposes, then each sachem
was to bring with him a bundle of fagots of white cedar,
typical of peace; if for warlike objects then the fagots were
to 4>e of red cedar, emblematical of war.
At the day appointed the sachems of the several nations,
with their followers, who usually arrived a day or two before
and remained encamped at a distance, were received in a
formal manner by the Onondaga sachems at the rising of the
sun. They marched in separate processions from their camps
to the council-grove, each bearing his skin roba>*&6 bundle
140 ANCIENT S6C1ETY

When the sachems met in council, at the time am?

place appointed, and the usual reception ceremony had
been performed, they arranged themselves in two divi-
sions and seated themselves upon opposite sides of the
council-fire. Upon one side were the Mohawk, Onon-
daga and Seneca sachems. The tribes they represented

of fagots, where the Onondaga sachems awaited them with a

concourse of people. The sachems then formed themselves Into
a circle, an Onondaga sachem, who by appointment acted as
master of the ceremonies, occupying: the side toward the rising
sun. At a signal they marched round the circle moving* by the
north. It may be here observed that the rim of the circle
toward the north Is called the "col'd side," (o-to'-wa-ga) that
;

on the west "the side toward the setting sun," (ha-gi-kwSs'-

gwtt): that on the south "the side of the high sun," (en-de-ih'-
kwft); and that on the east "the side of the rising sun," (t'-ki-
gwit-kJs'-gwa). After marching three times around on the cir-
cle single tile, the head and foot of the columm being joined, the
leader stopped on the rising sun side, and deposited before
him his bundle of fagots. In this he was followed by the
others, one at a time, following by the north, thus forming an
Inner circle of fagots. After this each sachem spread his skin
robe in the same order, and sat down upon it, cross-legged,
.behind his bundle of fagots, with his assistant sachem stand-
ing behind him. The master of the ceremonies, after a mo-
ment's pause, arose, drew from his pouch two pieces of dry
wood and a piece of punk with which he proceeded to strike
flre by friction. When fire was thus obtained, he stepped with-
in the circle and set fire to his own bundle, and then to each of
the others In the order In which they were laid. When they
were well Ignited, and at a signal from the master of the cer-
emonies, the sachems arose and marched three times around
the Burning Circle, going as before by the north. Each turned
from time to time as he walked, so as to expose nil sides of
his person to the warming influence of the fires. This typified
that they warmed their affections for each other in order that
they might transact the business of the council in friendship
and unity. They then reseated themselves each upon nis own
robe. After this the master of the ceremonies again rising to
his feet, filled and lighted tne pipe of peace from his own flre.
Drawing three whiffs, one after the other, he blew the first
toward the zenith, the second toward the ground, and tho
third toward the sun. By the first act he returned thanks to
the Great Spirit for the preservation of his life during the
past year, and for being permitted to be present at this coun-
cil. By the second, he returned thanks to his Mother, the
Earth, for her various productions which had ministered to
his sustenance. And by the third, he returned thanks to the
Sun for his never-falling light, ever shining upon all. These
words were not repeated, but such is the purport of the acts
themselves. He then passed the pipe to the first upon his right
toward the north, who repeated the same ceremonies, and then
passed it to the next, and so on around the burning circle.
The ceremony of smoking the calumet also signified that they
pledged to each other their faith, their friendship, and their
honor.
These ceremonies completed the opening of the council,
which was then declared to be ready for the business upon
which It had been convened.
 THE IROQUOIS CONFEDERACY 14J

were, when in council, brother tribes to each other and

father tribes to the other two. In like manner their sa-
chems were brothers to each other and fathers to those
opposite. They constituted a phratry of tribes and of
sachems, by an extension of the principle which united
Rentes in a phratry. On the opposite side of the fire were
the Oneida and Cayuga, and, at a later day, the Tus-
carora sachems. The tribes they represented were broth-
er tribes to each other, and son tribes to the opposite
three. Their sachems also were brothers to each other,
and sons of those in the opposite division. They formed
a second tribal phratry. As the Oneidas were a subdi-
vision of the Mohawks, and the Cayugas a subdivision of
the Onondagas or Senecas, they were in reality junior
tribes; whence their relation of seniors and juniors, and
the application of the phratric principle. When the
tribes are named in council the Mohawks by precedence
are mentioned first Their tribal epithet was "The
Shield" (Da-ga-e-o'-dli). The Onondagas came next
under the epithet of ''Name-Bearer" (Ho-dc-san-no'-ge-
fa), because they had been appointed to select and name
the fifty original sachems. l Next in the order of pre-
cedence were the Senecas, under the epithet of "Door-
Keeper" (Ho-nan-ne-ho'-ontc}. They were made per-
petual keepers of the western door of the Long House.
The Oneidas, under the epithet of "Great Tree" (AV-
ar'-r/f-0;i-(/ar'-0-7c ar), and the Cayugas, under that of
r

"Great Pipe" (Sonns'-ho-gzwr-to-war), were named

fourth and fifth. The Tuscaroras, who came late into
the confederacy, were named last, and had no distin-
guishing epithet. Forms, such as these, were more im-
portant in ancient society than \ve would be apt to sup-
pose.
It was customary for the foreign tribe to be repre-
sented at the council by a delegation of wise-men and
chiefs, who bore their proposition and presented it in

i Tradition declares that the Ononda^as deputed a wise-man

to visit the territories of the tribes and select and name the
new sachems as circumstances should prompt; which explain*
the unequal distribution of the office among the several gente*.
143 ANCIENT SOCIKTT

person. After the council was formally opened and the

delegation introduced, one of the sachems made a short
address, in the course of which he thanked the Great
Spirit for sparing their lives and permitting them to
meet together; after which he informed the delegation
that the council was prepared to hear them upon the af-
fair for which it had convened. One of the delegates
then submitted their proposition in form, and sustained
it by such
arguments as he was able to make. Careful
attention was given by the members of the council that
they might clearly comprehend the matter in hand. Af-
ter the address was concluded, the delegation withdrew
from the council to await at a distance the result of its
deliberations. It then became the duty of the sachems to
agree upon an answer, which was reached through the
ordinary routine of debate and consultation. When a
decision had been made, a speaker was appointed to com-
municate the answer of the council, to receive which the
delegation were recalled. The speaker was usually
chosen from the tribe at whose instance the council had
been convened. It was customary for him to review the
whole subject in a formal speech, in the course; of which
the acceptance, in whole or in part, or the rejection of
the proposition were announced with the reasons there-
for. Where an agreement was entered upon, belts of
wampum were exchanged as evidence of its terms. With
these proceedings the council terminated.
"This belt preserves my words" was a common remark
of an Iroquois chief in council. He then delivered the
belt as the evidence of what he had said. Several such
belts would be given in the course of a negotiation to
the opposite party. In the reply of the latter a belt would
be returned for each proposition accepted. The Iroquois
experienced the necessity for an exact record of some
kind of a proposition involving their faith and honor in
its execution, and they devised this method to place it

beyond dispute.
Unanimity among the sachems was required upon all
public questions, and essential to the validity of every
public act It was a fundamental law of the confeder-
 THE IHOQUOIS CONFEDERACY 143

1
acy. They adopted a method for ascertaining the opini-
ons of the members of the council which dispensed with
the necessity of casting votes. Moreover, they were
entirely unacquainted with the principle of majorities
and minorities in the action of councils. They voted in
council by tribes, and the sachems of each tribe were
required to be of one mind to form a decision, Recogniz-
ing unanimity as a necessary principle, the founders of
the confederacy divided the sachems of each tribe into
classes as a means for its attainment. This will be seen
by consulting the table, (supra p. 132.) No sachem was
allowed to express an opinion in council in the nature
of a vote until he had first agreed with the sachem or
sachems of his class upon the opinion to be expressed,
and had been appointed to act as speaker for the class.
Thus the eight Seneca sachems being in four classes
could have but four opinions, and the ten Cayuga sa-
chems, being in the same number of classes, could have
but four. In this manner the sachems in each class were
firstbrought to unanimity among themselves. A
cross-
consultation was then held between the four sachems
appointed to speak for the four classes; and when they
had agreed, they designated one of their number to ex-
press their resulting opinion, which was the answer of
their tribe. When the sachems of the several tribes had,
by this ingenious method, become of one mind separ-
ately, it remained to compare their several opinions, and
if they agreed the decision of the council was made. If
they failed of agreement the measure was defeated, and
the council was at an end. The five persons appointed
to express the decision of the five tribes may possibly

i At the beginning of the American revolution the Iroquois

were unable to agree upon a declaration of war against our
confederacy for want of unanimity In council. A number of
the Oneida sachems resisted the proposition and finally refused
their consent. As neutrality was impossible with the Mohawks
and the Senecas were determined to fight, it was resolved that
each tribe might engage in the war upon its own responsi-
bility, or remain neutral. The war against the Eries, against
the Neutral Nation and Susquehannocks, and the several wars
against the French, were resolved upon in general council.
Our colonial records are largely filled with negotiations with
the Iroquois Confederacy,
 144 ANCIENT SOCIETY

explain the appointment and the functions of the six

electors, so called, in the Aztec confederacy, which will
be noticed elsewhere.
By this method of gaining assent the equality and in-
dependence of the several tribes were recognized and
*

preserved. If any sachem was obdurate or unreason-

able, influences were brought to bear upon him, through
the preponderating sentiment, which he could not well
resist so that it seldom happened that inconvenience or
;

detriment resulted from their adherence to the rule.

Whenever all efforts to procure unanimity had failed,
the whole matter was laid aside because further action
had become impossible.
The induction of new sachems into office was an event
of great interest to the people, and rifct less to the sa-
chems who retained thereby some control over the in-
troduction of new members into their body. To perform
the ceremony of raising up sachems the general council
was primarily instituted. It was named at the time, or
came afterwards to be called, the Mourning Council
(Hen-nun-do-nuh'-sch), because it embraced the twofold
object of lamenting the death of the departed sachem
and of installing his successor. Upon the death of a sa-
chem, the tribe in which the loss had occurred had power
to summon a general council, and to name the time and
place of its meeting. A herald was sent out with a belt
of wampum, usually the official belt of the deceased sa-
chem given to him at his installation, which conveyed
this laconic message; "the name" (mentioning that of
the late ruler) "calls for a council." It also announced
the day and place of convocation. In some cases the
official belt of the sachem was sent to the central council-
fire at Ononclaga immediately after his burial, as a noti-
fication of his demise, and the time for holding the coun-
cil was determined afterwards.
The Mourning Council, with the festivities which fol-
lowed the investiture of sachems possessed remarkable
attractions for the Iroquois. They flocked to its attend-
ance from the most distant localities with zeal and en-
thusiasm. It was opened and conducted with many forms
 THE IROQUOIS CONFEDERACY 145

and ceremonies, and usually lasted five days. The first

was devoted to the prescribed ceremony of lamentations
for the deceased sachem, which, as a religious act, com-
menced at the rising of the sun. At this time the sa-
chems of the tribe, with whom the council was held,
marched out followed by their tribesmen, to receive
formally the sachems and people of the other tribes,
who had arrived before and remained encamped at some
distance waiting for the appointed day. After exchang-
ing greetings, a procession was formed and the lament
was chanted in verse, with responses, by the united tribes,
as they marched from the place of reception to the place
of council. The lament, with the responccs in chorus,
was a tribute o* respect to the memory of the departed
sachem, in which not only his gens, but his tribe, and
the confederacy itself participated. It was certainly a
more delicate testimonial of respect and affection than
would have been expected from a barbarous people. This
ceremonial, with the opening of the council, concluded
the first day's proceedings. On the second day, the in-
stallation ceremony commenced, and it
usually lasted into
the fourth. The sachems of the several tribes seated
themselves in two divisions, as at the civil council. When
the sachem to be raised up belonged to either of the
three senior tribes the ceremony was performed by the
sachems of the junior tribes, and the new sachem was
installed as a father. In like manner, if he belonged to
either of the three junior tribes the
ceremony was per-
formed by the sachems of the senior tribes, and the new
sachem was installed as a son. These special circum-
stances are mentioned to show the peculiar character of
their social and governmental life. To the Iroquois
these forms and figures of speech were full of signifi-
cance.
Among other things, the ancient wampum belts, into
which the structure and principles of the confederacy
"had been talked," to use their expression, were pro*
duced and read or interpreted for the instruction of the
newly inducted sachem. A wise-man, not necessarily one
Of the swhems, took these belts one after the other and
 46 ANCIENT SOCIETY

walking to and fro between the two divisions of sachems,

read from them the facts which they recorded. Accord-
ing to the Indian conception, these belts can tell, by
means of an interpreter, the exact rule, provision or
transaction talked into them at the time, and of which
they were the exclusive record. A strand of wampum
consisting of strings of purple and white shell beads, or
a belt woven with figures formed by beads of different
colors, operated on the principle of associating a partic-
ular fact with a particular string or figure thus giving a
;

serial arrangement to the facts as well as fidelity to the

memory. These strands and belts of wampum were the
only visible records of the Iroquois; but they required
those trained interpreters who could draw from their
strings and figures the records locked up in their re-
membrance. One of the Onondaga sachems (Ho-no-
we-na'-to) was made "Keeper of the Wampum," and
two aids were raised up with him who were required to
be versed in its interpretation as well as the sachem. The
interpretation of these several belts and strings brought
out, in the address of the wise-man, a connected account
of the occurrences at the formation of the confederacy.
The tradition was repeated in full, and fortified in its
essential parts by reference to the record contained in
these belts. Thus the council to raise up sachems be-
came a teaching council, which maintained in perpetual
freshness in the minds of the Iroquois the structure and
principles of the confederacy, as well as the history of
its formation. These proceedings occupied the council
until noon each day; the afternoon being devoted to
games and amusements. At twilight each day a dinner
in common was served to the entire body in attendance.
It consisted of soup and boiled meat cooked near the
council-house, and served directly from the kettle in
wooden bowls, trays and ladles. Grace was said before
the feast commenced. It was a prolonged exclamation

by a single person on a high shrill note, falling down in

cadences into followed by a response in chorus
stillness,
by the people. ,
The evenings were devoted
to the dance.
With these ceremonies, continued for several days, and
 THE IROQUOIS CONFEDERACY 147

with the festivities that followed, their sachems were in-

ducted into office.
Byinvesting their sachems with office through a gen-
eral council, the framers of the confederacy had ia view
the threefold object of a perpetual succession in the gens,
the benefits of a free election among its members, and a
final supervision of the choice through the ceremony of
investiture. To render the latter effective it should
carry with it the power to reject the nominee. Whether
the right to invest was purely functional, or carried with
it the right to exclude, I am unable to state. No case
of rejection is mentioned. The scheme adopted by the
Iroqtiois to maintain a ruling body of sachems may
claim, in several respects, the, merit of originality, as
well as of adaptation to their condition. In form an
oligarchy, taking tin's term in its best sense, it was yet
a representative democracy of the archaic type. A
pow-
erful popular element pervaded the whole organism and
influenced its action. It is seen in the right of the gen-
tes to elect and depose their sachems and chiefs, in the
right of the people to be heard in council through orators
of their own selection, and in the voluntary system in
the military service. In this and the next succeeding
ethnical period democratic principles were the vital ele-
ment of gentile society.
The Iroquois name for a sachem (Ho-yar-na-go'-
irar), which signifies "a counselor of the people/' was
singularly appropriate to a ruler in a species of free de-
mocracy. It not only defines the office well, but it also
suggests the analogous designation of the members of
the Grecian council of chiefs. The Grecian chiefs were
l
styled "councilors of the people." From the nature and
tenure of the office among the Iroquois the sachems were
not masters ruling by independent right, but representa-
tives holding from the gentes by free election. It is

worthy of notice that an office which originated in savag-

ery, and continued through the three sub-periods cf bar-

i JEschylus, "The Seven against Thebes," 1005.

148 ANCIENT SOCIETY

barism, should reveal so much of its archaic character

among the Greeks after the gentile organization had car-
ried this portion of the human family to the confines of
civilization. It shows further how deeply inwrought in
the human mind the principle of democracy had become
under gentilism.
The designation for a chief of the second grade, Ha-
sa-no-wana, "an elevated name," indicates an apprecia-
tion by barbarians of the ordinary motives for personal
ambition. It also reveals the sameness of the nature of
man, whether high up or low down upon the rounds of
the ladder of progress. The celebrated orators, wise-
men, and war-chiefs of the Iroquois were chiefs of the
second grade almost without exception. One reason for
this may be found in the organic provision which con-
fined the duties of the sachem to the affairs of peace. An-
other may have been to exclude from the ruling body
their ablest men, lest their ambitious aims should disturb
its action. As the office of chief was bestowed in re-
ward of merit, it fell necessarily upon their ablest men.
Red-Jacket, Brandt, Garangula, Complanter, Farmer's
Brother, Frost, Johnson, and other well known Iroquois,
were chiefs as distinguished from sachems. None of the
long lines of sachems have become distinguished in Ame-
1
rican annals, with the exception of Logan, Handsome
Lake,* and at a recent day, Ely S. Parker." The re-
mainder have left no remembrance behind them extend-
ing beyond the Iroquois.
At the time the confederacy was formed To-do-da'-ho
was the most prominent and influential of the Onondaga
chiefs. His accession to the plan of a confederacy, in
which he would experience a diminution of power, was
regarded as highly meritorious. He was raised up as,
one of the Ononadaga sachems and his name placed first
in the list. Two assistant sachems were raised up with
him to act as his aids and to stand behind him on public

*
One of the Cayuga aarhems.
* One of the Betteca iaebotn, and the founder of the New Religion
of the Iroqnols.
* One of the
Seneca sachem*
 THE tROgUOlS CONFEDERACY 149

occasions. Thus dignified, this sachemship has since been

regarded by the Iroquois as the most illustrious of the
forty-eight, from the services rendered by the first To-
do-da'-ho. The circumstance was early seized upon by
the inquisitive colonists to advance the person who held
this office to the position of king of the Iroquois; but
the misconception was refuted, and the institutions of the
Iroquois were relieved of the burden of an impossible
feature. In the general council he sat among his equals.
The confederacy had no chief executive magistrate.
Under a confederacy of tribes the office of general,
(Hos-ga-a-geh'-da-go-wa) "Great War Soldier/' makes
its first appearance. Cases would now arise when the
several tribes in their confederate capacity would be en-
gaged in war and the necessity for a general commander
;

to direct the movements of the united bands would be

felt. The introduction of this office as a permanent feat-
ure in the government was a great event in the history
of human progress. It was the beginning of a differen-
tiation of the military from the civil power, which, when
completed, changed essentially the external manifesta-
tion of the government. But even in later stages of prog-
ress, when the military spirit predominated, the essential
character of the government was not changed. Gentil-
ism arrested usurpation. With the rise of the office of
general, the government was gradually changed from a
government of one power, into a government of two
powers. The functions of government became, in course
of time, co-ordinated between the two. This new office
was the germ of that of a chief executive magistrate;
for out of the general came the king, the emperor, and
the president, as elsewhere suggested. The office sprang
from the military necessities of society, and had a logical
development. For this reason its first appearance and
subsequent growth have an important place in this dis-
cussion. In the course of this volume I shall attempt to
trace the progressive development of this office, from the
Great War Soldier of the Iroquois through the Teuctli
of the Aztecs, to the Basileus of the Grecian, and the Rex
of the Roman tribes among all of whom, through three
;
160 ANCIENT SOCIETT

successive ethnical periods, the office was the same, name-

ly, that of a general in a military democracy. Among
the Iroquois, the Aztecs, and the Romans the office was
elective, or confirmative, by a constituency. Presump-
tively, it was the same among the Greeks of the tradi-
tionary period. It is claimed that the office of basileus
among the Grecian tribes in the Homeric period was
hereditary from father to son. This is at least doubtful.
It is such a wide and total departure from the original
tenure of the office as to require positive evidence to
establish the fact. An election, or confirmation by a con-
stituency, would still be necessary under gentile institu-
tions. If in numerous instances it were known that the
office had passed from father to son this might have sug-

gested the inference of hereditary succession, now

adopted as historically true, while succession in this form
did not exist. Unfortunately, an intimate knowledge of
the organization and usages of society in the tradition-
ary period is altogether wanting. Great principles of
human action furnish the safest guide when their opera-
tion must have been necessary. It is far more probable
that hereditary succession, when it first came in, was
1

established by force, than by the free consent of the peo-

ple; and that it did not exist among the Grecian tribes
in the Homeric period.
When the Iroquois confederacy was formed, or soon
after that event, two permanent war-chietehips were cre-
ated and named, and both were assigned to the Seneca
tribe. One of them ( Ta-wan'-ne-ars, signifying needle-
breaker) was made hereditary in the Wolf, and the other
(So-no'-so-wa, signifying great oyster shell) in the Tur-
tle gens. The reason assigned for giving them both to the
Senecas was the greater danger of attack at the west end
of their territories. They were elected in the same man-
ner as the sachems, were raised up by a general council,
and were equal in rank and power. Another account
states that theywere created later. They discovered im-
mediately after the confederacy was formed that the
structure of the Long House was incomplete because
there were no officers to execute the military commands
 THE IROQUOIS CONFEDERACY 151

of the confederacy. A council was convened to remedy

the omission, which established the two perpetual war-
chiefs named. As general commanders they had charge
of the military affairs of the confederacy, and the com-
mand of its joint forces when united in a general expe-
dition. Governor Blacksnake, recently deceased, held
the office first named, thus showing that the succession
has been regularly maintained. The creation of two prin-
cipal war-chiefs instead of one, and with equal powers,
argues a subtle and calculating policy to prevent the dom-
ination of a single man even in their military affairs.
They did without experience precisely as the Romans
did in creating two consuls instead of one, after they
had abolished the office of rc.v. Two consuls would bal-
ance the military power between them, and prevent either
from becoming supreme. Among the Iroquois this office
never became influential.
In Indian Ethnography the subjects of primary im-
portance are the gens, phratry, tribe and confederacy.
They exhibit the organization of society. Next to these
are the tenure and functions of the office of sachem and
chief, the functions of the council of chiefs, and the ten-
ure and functions of the office of principal war-chief.
\Yhen these are ascertained, the structure and principles
of their governmental system will be known. A knowl-
edge of their usages and customs, of their arts and in-
ventions, and of their plan of life will then fill out the
picture. In the work of American investigators too
little attention has been given to the former. They
still afford a rich field in which much information
may be gathered. Our knowledge, which is now
general, should be made minute and comparative.
The Indian tribes in the Lower, and in the Middle Status
of barbarism, represent two of the great stages of prog-
ress from savagery to civilization. Our own remote
forefathers passed through the same conditions, one after
the other, and possessed, there can scarcely be a doubt,
the same, or very similar institutions, with many of the
same usages and customs. However little we may be inter-
ested in the American Indians personally, their expe-
158 ANCIENT SOCIETY

rience touches us more nearly, as an exemplification of

the experience of our own ancestors. Our primary in-
stitutions root themselves in a prior gentile society in
which the gens, phratry and tribe were the organic series,
and in which the council of chiefs was ther instrument of
government. The phenomena of their ancient society
must have presented many points in common with that
of the Iroquois and other Indian tribes. This view of
the matter lends an additional interest to the comparative
institutions of mankind.
The Iroquois confederacy is an excellent exemplifica-
tion of a gentile society under this form of organization.
It seems to realize all the capabilities of gentile institu-
tions in the Lower Status of barbarism leaving an oppor-
;

tunity for further development, but no subsequent plan

of government until the institutions of political society,
founded upon territory and upon property, with the
establishment of which the gentile organization would be
overthrown. The intermediate stages were transitional,
remaining military democracies to the end, except where
tyrannies founded upon usurpation were temporarily es-
tablished in their places. The condeferacy of the Iro-
quois was essentially democratical because it was com-
;

posed of gentes each of which was organized upon the

common principles of democracy, not of the highest but
of the primitive type, and because the tribes reserved the
of local self-government. They conquered other
ri^ht
tribes and held them in subjection, as for example the
Delawares; but the latter remained under the govern-
ment of their own chiefs, and added nothing to the
strength of the confederacy. It was impossible in this
state of society to unite tribes under one government who
spoke different languages, or to hold conquered tribes
under tribute with any benefit but the tribute.
This exposition of the Iroquois confederacy is far from
exhaustive of the facts, but it has been carried far
enough to answer by present object. The Iroquois were
a vigorous and intelligent people, with a brain approach-
ing in volume the Aryan average. Eloquent in oratory,
vindictive in war, and indomitable in perseverance, they
 THE 1ROQU01S CONFEDERACY 153

have gained a place in history. If their military achieve-

ments are dreary with the atrocities of savage warfare,
they have illustrated some of the highest virtues of man-
kind in their relations with each other. The confederacy
which they organized must be regarded as a remarkable
production of wisdom and sagacity. One of its avowed
objects was peace to remove the cause of strife by unit-
;

ing their tribes tinder one government, and then extend-

ing it by incorporating other tribes of the same name and
lineage. They urged the Eries and the Neutral Nation
to become members of the confederacy, and for their re-
fusal expelled them from their borders. Such an insight
into the highest objects of government is creditable to
their intelligence. Their numbers were small, but they
counted in their ranks a large number of able men. This
proves the high grade of the stock.
From their position and military strength they exer-
cised a marked influence upon the course of events be-
tween the English and the French in their competition
for supremacy in North America. As the two were
nearly equal in power and resources during the first cen-
tury of colonization, the French may ascribe to the Iro-
quois, in no small degree the overthrow of their plans
of empire in the New World.
With a knowledge of the gens in its archaic form and
of its capabilities as the unit of a social system, we shall
Be better able to understand the gentes of the Greeks and
Romans yet to be considered. The same scheme of gov-
ernment composed of gentes, phratries and tribes in a
gentile society will be found among them as they stood
at the threshold of civilization, with the superadded ex-
perience of two entire ethnical periods. Descent among
them was in the male property was inherited by the
line,
children of the owner instead of the agnatic kindred, and
the family was now assuming the monogamian form.
The growth of property, now becoming a commanding
element, and the increa'se of numbers gathered in walled
cities were slowly demonstrating the necessity for the
second great plan of government the political The old
gentile system was becoming incapable of meeting the
104 ANCIENT 80CIBTY

requirements of society as it approached civilization.

Glimpses of a state, founded upon territory and property,
were breaking upon the Grecian and Roman minds be-
fore which gentes and tribes were to disappear. To
enter upon the second plan of government, it was neces-
sary to supersede the gentes by townships and city wards
the gentile by a territorial system. The going down
of the gentes and the uprising of organized townships
mark the dividing line, pretty nearly, between the bar-
barian and the civilized worlds between ancient and
modern society.
 CHAPTER VI

GENTES IN OTHER TRIBES OF THE GANOWA'NIAN FAMILY

When America was first discovered in its several reg-

ions, the Aborogines were found in two dissimilar con-
ditions. First were the Village Indians, who depended
almost exclusively upon horticulture for subsistence;
such were the tribes in this status in New Mexico, Mex-
ico and Central America, and upon the plateau of the
Andes. Second, were the Non-horticultural Indians, who
depended upon fish, bread-roots and game; such were
the Indians of the Valley of the Columbia, of the Hud-
bon's Bay Territory, of parts of Canada, and of some
other sections of America. Between these tribes, and
connecting the extremes by insensible gradations, were
the partially Village, and partially Horticultural Indians ;

such were the Iroquois, the New England and Virginia

Indians, the Creeks, Choctas, Cherokees, Minnitarees, Da-
kotas and Shawnees. The weapons, arts, usages, inven-
tions, dances, house architecture, form of government, and
plan of life of all alike bear the impress of a common
mind, and reveal, through their wide range, the successive
stages of development of the same original conceptions.
Our first mistake consisted in overrating the. comparative
advancement of the Village Indians; and our second in
underrating that of the Non-horticultural, and of the par-
tially Village Indians: whence resulted a third, that of
separating one from the other and regarding them as dif-
ferent races. There was a marked difference in the con-
is*
156 ANCIENT SOCIETY

ditions in which they were severally found ; for a num-

ber of the Non-horticultural tribes were in the Upper
Status of savagery; the intermediate tribes were in the
Lower Status of barbarism, and the Village Indians were
in the Middle Status. The evidence of their unity of or-
igin has now accumulated to such a degree as to leave
no reasonable doubt upon the question, although this con-
clusion is not universally accepted. The Eskimos belong
to a different family.

In a previous work I presented the system of consan-

guinity and affinity of some seventy American Indian
tribes ; and upon the fact of their joint possession of the
same system, with evidence of its derivation from a com-
mon source, ventured to claim for them the distinctive
rank of a family of mankind, under the name of the Ga-
nowanian, the "Family of the Bow and Arrow."*

Having considered the attributes of the gens in its

archaic form, it remains to indicate the extent of its prev-
alence in the tribes of the Ganowanfan family. In this
chapter the organization will be traced among them, con-
fining the statements to the names of the gentes in each
tribe, with their rules of descent and inheritance as to
property and office. Further explanations will be added
when necessary. The main point to be established is the
existence or non-existence of the gentile organization
among them. Wherever the institution has been found
in these several tribes it is the -same in all essential re-
spects as the gens of the Iroquois, and therefore needs
no further exposition in this connection. Unless the con-
trary is stated, it may be understood that the existence
of the organization was ascertained by the author from
the Indian tribe or some of its members. The classifi-
cation of tribes follows that adopted in "Systems of Con-
sanguinity."

"Systems of Consanguinity and Affinity of the Human Family.'*

*

("Smithsonian Contribution! to Knowledge/' rot. xrii, 1871, p. 181.)

 GENTES IN OTHER TRIBES 157

I. Hodenosaunian Tribes.
1.
Iroquois. The gentes of the Iroquois have been
*
considered.
2. Wyandotes. This tribe, the remains of the ancient
Hurons, is composed of eight gentes, as follows :

1. Wolf. 2. Bear. 3. Beaver. 4. Turtle. 5. Deer.

6. Snake.Porcupine. 8. Hawk.*
7.
Descent the female line with marriage in the gens
is in

prohibited. The office of sachem, or civil chief, is he-

reditary in the gens, but elective among its members.
They have seven sachems and seven war-chiefs, the
Hawk gens being now extinct. The office of sachem
passes from brother to brother, or from uncle to nephew ;
but that of war chief was bestowed in reward of merit,
and was not hereditary. Property was hereditary in the
gens; consequently children took nothing from their
father but they inherited their mother's effects. Where
;

the rule is stated hereafter it will be understood that un-

married as well as married persons are included. Each
gens had power to depose as well as elect its chiefs. The
Wyandotes have been separated from the Iroquois at
least four hundred years ; but they still have five gentes
in common, although their names have either changed
beyond identification, or new names have been substi-
tuted by one or the other.
1
The Eries, Neutral Nation, Nottoways, Tutelos, and
*
Susquehannocks now extinct or absorbed in other
tribes, belong to the same lineage. Presumably they
were organized in gentes, but the evidence of the fact is
lost.

1
1. Wolf, Tor-yoh'-no. 2. Bear, Ne-e-ar-fny'-ee. 8, Braver, Non-
car-ne'-e-ar.-goh. 4. Turtle, Oa-ne-e-ar- ten-go -wa, 5. Deer, Na-o'-geh.
6. Bnlp*, Doo-eeee-doo-we'. 7. Heron, Jo-fts'-eefe. 8. Hawk, Os-sweh-
**
Y^Ah-na-reae'-kwa, Bon* Gnawers. 2. Ah-nthyeh', Tree Liver.
8. Tuo-ta'-ee, Shy Animal. 4. Oe-ah'-wlah, Fine Land. 5. Oe-ken*-o-
fob. Roaming. 6. Stnt-galn'-sce. Creeplaff. 7. Ya-ra-Bat**-**, Tall
'
*
Horatio Y?al? baa recently proved the connection of the
If r.
Ttiteloawith the Iroquola.
Mr. Francis Parkmtn. author of the brilliant aertet of works on
the colonisation of America, was the first to establish the afl)Umtton
of $e ftatQoebannocU with fhe Iroquois,
158 ANCIENT SOCIETY

II. Dakotian Tribes.

Alarge number of tribes are included in this great
stock of the American aborigines. At the time of their
discovery they had fallen into a number of groups, and
their language into a number of dialects but they inhab-
;

ited, in the main, continuous areas. They occupied the

head waters of the Mississippi, and both banks of the
Missouri for more than a thousand miles in extent. In
all probability the Iroquois, and their cognate tribes,
were an offshoot from this stem.
I. Dakotas or Sioux. The Dakotas, consisting at the
present time of some twelve independent tribes, have al-
lowed the gentile organization to fall into decadence. It
seems substantially certain that they once possessed it

because their nearest congeners, the Missouri tribes, arc

now thus organized. They have societies named after
animals analogous to gentes, but the latter are now want-
ing. Carver, who was among them in 1767, remarks
that "every separate body of Indians is divided into bands
or tribes; which band or tribe forms a little community
within the nation to which it belongs. As the nation has
some particular symbol by which it is distinguished from
others, so each tribe has a badge from which it is denom-
inated; as that of the eagle, the panther, the tiger, the
buffalo, etc. One band of the Naudowissies (Sioux) is
represented by a Snake, another a Tortoise, a third a
Squirrel, a fourth a Wolf, and a fifth a Buffalo.
Throughout every nation they particularize themselves in
the same manner, and the meanest person among them
will remember his lineal descent, and distinguish himself
by his respective family."
l
He visited the eastern Da-
kotas on the Mississippi. From this specific statement I
see no reason to doubt that the gentile organization was
then in full vitality among them. When I visited the
eastern Dakotas in 1861, and the western in 1862, I could
find no satisfactory traces of gentes among them. A
change in the mode of life among the Dakotas occurred
between these dates when they were forced upon the

i 'Travels In North America," Phil*. *d., 17*6, p. 114.

 QENTE8 IN OTHER TRIBES 159

plains,and fell into nomadic bands, which may, perhaps,

explain the decadence of gentilism among them.
Carver also noticed the two grades of chiefs among
the western Indians, which have been explained as they
exist among the Iroquois. "Every band/' he observes,
"has a chief who is termed the Great Chief, or the Chief
Warrior, and who is chosen in consideration of his ex-
perience in war, and of his approved valor, to direct their
military operations, and to regulate all concerns belong-
ing to that department. But this chief is not considered
the head of the state; besides the great warrior who is
elected for his warlike qualifications, there is another who
enjoys a pre-eminence as his hereditary right, and has
the more immediate management of their civil affairs.
This chief might with greater propriety be denominated
the sachem whose assent is necessary to all conveyances
;

and treaties, to which he affixes the mark of the tribe

or nation." 1
2. Missouri tribes, i. Punkas. This tribe is com-
posed of eight gentes, as follows :

i.GrizzV Bear. 2. Many

3. Elk. People.
4. Skunk. 5. Buffalo. Medicine. 8. Ice. f
6. Snake. 7.
In this tribe, contrary to the general rule, descent is
in the male line, the children belonging to the gens of
their Intermarriage in the gens is prohibited.
father.
The of sachem is hereditary in the gens, the choice
office

being determined by election but the sons of a deceased

;

sachem are eligible. It is probable that the change from

the archaic form was recent, from the fact that among
the Otoes and Missouris, two of the eight Missouri tribes,
and also among the Mandans, descent is still in the fe-
male line. Property is hereditary in the gens.
1

2. Omahas. This tribe is composed of the following

twelve gentes:
i. Deer. 2. Black. 3. Bird. 4 Turtle. 5. Buf-
falo. 6. Bear. 7. Medicine 8. Kaw. 9. Head.
8
10. Red. ii. Thunder. 12. Manv Seasons.

i "Travels in North America,"

rica, p. i5i>.
a 1. Wa-Bfc'-be. 2. rhe'-ta.
De-a-ghe'-ta. 3. Na-ko-poz'-na. 4. Moh-
kuh'. 5.Wt-shi'-ba. f. Wa
i-zha'-zha.
r
7. Noh -ga. 8. Wah'~*a.
& 1* Wa'-these-ta, 2. Ink -ka'-M-ba, 3. Lt'-tl-da. 4. Kl'-ltt.
 160 ANCIENT SOCIETY

Descent, inheritance, and the law of marriage are the

same as among the Punkas.
3. lowas. In like manner the lowas have eight gentes,
as follows:
1. Wolf. 2. Bear. 3. Cow Buffalo. 4. Elk.
1
5. Eagle 6. Pigeon. 7. Snake. 8. Owl.
A gens of the Beaver Pa-kuh-tha once existed among
the lowas and Otoes, but it is now extinct. Descent, in-
heritance, and the prohibition of intermarriage in the
gents are the same as among the Punkas.
4. Otoes and Missouris. These tribes have coalesced
into one, and have the eight following gentes:
1. Wolf. 2. Bear. 3. Cow Buffalo. 4. Elk.
5. Eagle. 6. Pigeon. 7. Snake. 8. Owl.'
Descent among the Otoes and Missouris is in the fe-
male line, the children belonging to the gens of their
mother. The office of sachem, and property arc hered-
itary in the gens, in which intermarriage is prohibited.
5. Raws. The Kaws (Kaw-za) have the following
fourteen gentes:
1. Deer. 2. Bear. 3. Buffalo. 4. Eagle ( white).
5. Eagle (black). 6. Duck. 7. Elk. 8. Raccoon.
9. Prairie Wolf. 10. Turtle. 11. Earth. 12. Deer
Tail. 13. Tent. 11. Thunder.'
The Kaws
are among the wildest of the American
aborigines, but are an intelligent and interesting people.
Descent, inheritance and marriage regulations among
them are the same as among the Punkas. It will be ob-
served that there are two Eaq:le gentes, and two of the
Deer, which afford a good illustration of the scgmenta-

5. 0. Wa-a*ba.
Da-thun'-dA. 7. TTun'-ca. R. Kun*-a. 0, Ta'-pa,
10. In gru'-zhe-da. 11. Ih-da'-Hiin-da. 12. O-non-e'-ka-ga-ha.
*
1. M-Je'-ra-Ja. a. Too mmi'-po. Ah' wha. 4. Ho' -dash.
,'i. m
5. C'hrh'-hP ta. . I/tf-cbfh. 7. Wa-kcrii'. 8. Ma'-kotch.
HrppnMfnt.s a drop sonant guttural. It IH mitt<* common in th
dlal^ftH of rbr Missouri trlhrn, and nlso In th*> Minnltarro and fro*-.
3
1. Me -Jr'-ra-ja. i. Moon'-rha. 3. Ah* ro-wha. 4. Hoo* ma.
5. Kha'a. . f.uto'-Ja. 7. Wa f
lea. S. M-nMcotch.
t. Ta-kp-ka-ghe'-ftfi. 2. Wn'-ta yr-jru. a. Mn-e'-fcw? ah-ha. 4. Hu-
r'-ya. n. Hun ^o tin'-ga. rt. Mo hn hun'-gi. 7. O' pa. A.
r 8bo'-ma-koo sn. to. Do-ha kol'-ya, 11. Mo-r'-kn nc ka'-
i^ f Da-01n-ja.fca.ga. id, Ic'-ba-ibe, 14,
 GENTES IN OTHER TRIBES Iff

tion of a gens ; the Eagle gens

having probably divided
into two and distinguished themselves by the names of
white and black. The Turtle will be found hereafter as
a further illustration of the same fact. When I visited
the Missouri tribes in 1859 and X 86o, I was unable to
reach the Osages and Quappas. The eight tribes thus
named speak closely affiliated dialects of the Dakotian
stock language, and the presumption that the Osages and
Quappas are organized in gentes is substantially con-
clusive. In 1869, the Kaws, then much reduced, num-
bered seven hundred, which would give an average of
but fifty persons to a gens. The home country of these
several tribes was along the Missouri and its tributaries
from the mouth of the Big Sioux river to the Mississippi,
and down the west bank of the latter river to the Ar-
kansas.
3. Winnebagoes. When discovered this tribe resided
near the lake of their name in Wisconsin. An offshoot
from the .Dakotian stem, they were apparently following
the track of the Iroquois eastward to the valley of the
St. Lawrence, when their further progress in that direc-
tion was arrested by the Algonkin tribes between Lakes
Huron and Superior. Their nearest affiliation is with
the Missouri tribes. They have eight gentes as follows :

i. Wolf. 2. Bear. 3'.

Buffalo. 4. Eagle. 5. Elk.
l
6. Deer. 7. Snake. 8. Thunder.
Descent, inheritance, and the law of marriage are the
same among them as among the Punkas. It is surpris-
ing that so many tribes of this stock should have changed
descent from the female line to the male, because when
first known the idea of property was substantially unde-

veloped, or but slightly beyond the germinating stage,

and could hardly, as among the Greeks and Romans, have
been the operative cause. It is probable that it occurred
at a recent period under American and missionary in-
fluences. Carver found traces of descent in the female
line in 1787 among the Winnebapoes. "Some nations,"

i 1. Shonk-chun'-ira-dL I. Hone-ch'-di. 1. Cha'-rt. 4, Wahk-

cha'-b-dl, S. Hoo-wun'-ai. 6. Chi'-ri. 7. Wt-kom'-iu.

I. Wa-fcoo'-chl-ri.
1ft* ANCIENT SOCIETY

he remarks, "when the dignity is hereditary, limit the suc-

cession to the female line. On the death of a chief his
sisters' son succeeds him in preference to his own son;
and if he happens to have no sister the nearest female
relation assumes the dignity. This accounts for a woman
being at the head of the Winnebago nation, which, be-
fore I was acquainted with their laws, appeared strange
to me." 1 In 1869, the Winnebagoes numbered fourteen
hundred, which would give an average of one hundred
and fifty persons to the gens.
4. Upper Missouri Tribes.
i. In intelligence and in the arts of We the
Mandans.
Mandans were advance of all their kindred tribes, for
in
which they were probably indebted to the Minnitarees.
They are divided into seven gentes as follows:
1. Wolf. 2. Bear. 3. Prairie Chicken. 4. Good
Knife. 5. Eagle. 6. Flathead. 7. High Village. 2
Descent is in the female line, with office and property
hereditary in the gens. Intermarriage in the gens is not
permitted. Descent in the female line among the Man-
dans would be singular where so many tribes of the same
stock have it in the male, were it not in the archaic form
from which the other tribes had but recently departed.
It affords a strong presumption that it was originally in
the female line in all the Dakotian tribes. This informa-
tion with respect to the Mandans was obtained at the old
Mandan Village in the Upper Missouri, in 1862, from
Joseph Kip, whose mother was a Mandan woman. He
confirmed the fact of descent by naming his mother's
gens, which was also his own.
2. Minnitarees. This tribe and the Upsarokas (Up-
sar'-o-kas) or Crows, are subdivisions of an original peo-
ple. They are doubtful members of this branch of the
Ganow&nian family although from the number of words
:

in their dialects and in those of the Missouri and Dakota

tribes which are common, they have been placed with

i Travels, loc. clt.," p. 166.

9 I. Ho-ra-ta'-mti-make. I. Ml-to'-no-mtkt. 3. 8*poosh'
4. Tl-na-titi'-k*. 6. Kl-tl'-ne-mlk*. I. E-iti-pa'. M
7.
 GENTES IN OTHER TRIBES Iftg

them linguistically. They have had an antecedent expe-

rience of which but known. Minnitarees carried
little is

horticulture, timber-framed house, and a peculiar

the
religious system into this area which they taught to the
Mandans. There is a possibility that they are descend-
ants of the Mound-Builders. They have the sevon fol-
lowing gentes :

I. Knife. 2. Water. 3. Lodge. 4. Prairie Chicken.

6. Unknown Animal.
l
5. Hill People. 7. Bonnet.
Descent is in the female line, intermarriage in the gens
is forbidden, and the office of sachem as well as property
ishereditary in the gens. The Minnitarees and Mandans
now live together in the same village. In personal ap-
pearance they are among the finest specimens of the Red
Man now living in any part of North America.
3. Upsarokas or Crows. This tribe has the following
gentes :

i. Prairie
Dog. 2. Bad Leggins. 3. Skunk.
4. Treacherous Lodges.5. Lost Lodges. 6. Bad Hon-
ors. Butchers. 8. Moving Lodges.
7. 9. Bear's Paw
Mountain. 10. Blackfoot Lodges, n. Fish Catchers.
8
12. Antelope. 13. Raven.
Descent, inheritance and the prohibition of intermar-
riage in the gens, are the same as among the Minnitarees.
Several of the names of the Crow gentes are unusual,
and more suggestive of bands than of gentes. For a
time I was inclined to discredit them. But the existence
of the organization into gentes was clearly established
by their rules of descent, and marital usages, and by their
laws of inheritance with respect to property. My inter-
preter when among the Crows was Robert Meldrum,
then one of the factors of the American Fur Company,
who had lived with the Crows forty years, and was one
of their chiefs. He had mastered the language so com-

i 1. Mlt-che-ro'-ka. 2. Min-ne-pi'-ta. 3. Bl-ho-hl'-ta. 4.

Seech-ka-be-ruh-pl'-ka. 5. E-tich-aho'-ka. C. Ah-nah-ha-nl'-
mt-te. 7. B-ku'-pl-be-ka.
i 1. A-ch-pa-be -cha. t. E-sach'-ka-buk. 3. Ho-ka-rut'-cha.
4. Ah-bot-ch6-ah. 6. Ah-thtn'.ni*de'-ah. t. Est-kep-kt'-buk.
7. Oo*al-bot'*e. 8. Ah-hl-chlck. 9. Ship-tet'-Bi. 10. Ash*
kane'-na, 11. Boo-a-di'-sha. 12. 0-hot-4tt'-ha. II. Pet-chafe*
ruh-pl'-ka.
164 ANCIENT SOCIETY

pletely that he thought in it. The following special

usages with respect to inheritance were mentioned by
him. If a person to whom any article of property had
been presented died with it in his possession, and the
donor was dead, it reverted to the gens of the latter.
Property made or acquired by a wife descended after her
death to her children; while that of her husband after
his decease belonged to his gentile kindred. If a person
made a present to a friend and died, the latter must per-
form some recognized act of mourning, such as cutting
off the joint of a finger at the funeral, or surrender the
1

property to the gens of his deceased friend.

The Crows have a custom with respect to marriage,
which have found in at least forty other Indian tribes,
I
which may be mentioned here, because some use will be
made of it in a subsequent chapter. If a man marries
the eldest daughter in a family he is entitled to all her
sisters as additional wives when they attain maturity.
He may waive the right, but if he insists, his superior
claim would be recognized by her gens. Polygamy is
allowed by usage among the American aborigines gen-
erally but it was never prevalent to any considerable ex-
;

tent from the inability of persons to support more than

one family. Direct proof of the existence of the custom
first mentioned was afforded by Meldrum's wife, then at
the age of twenty-five. She was captured when a child
in a foray upon the Blackfeet, and became Meldrum's
captive. He induced his mother-in-law to adopt the child
into her gens and family, which made the captive the
younger sister of his then wife, and gave him the right
to take her as another wife when she reached maturity.
He availed himself of this usage of the tribe to make his
claim paramount. This usage has a great antiquity in

1
This practice at an act of mourning Is reir common among the
Crows, and also a a religious offering when the; hold a ''Medicine
Lodge," a great religions ceremonial. In a hasket hong np In a
Medicine Lodge for their reception as offerings, fifty, and sometime
a hundred finger Joints, I bare been told, are sometimes thus col-
lected. At a Crow encampment on the Upper Missouri I noticed a
number of women and am with their hands mutilated hj this prae-
 GENTBS IN OTHER TRIBES 105

the human family. It is a survival of the old custom of

fwnalua.
III. Gulf Tribes.
I. Muscokees or Creeks. The Creek Confederacy
consisted of six Tribes; namely, the Creeks, Hitchetes,
Yoochees, Alabamas, Coosatees, and Natches, all of
whom spoke dialects of the same language, with the ex-
ception of the Natches, who were admitted into the con-
federacy after their overthrow by the French.
xThe Creeks are composed of twenty-two gentes as fol-
lows:
I. Wolf. 2. Bear. 3. Skunk. 4. Alligator. 5. Deer.
6. Bird. 7. Tiger. 8. Wind. 9. Toad. 10. Mole,
ii. Fox. 12. Raccoon. 13. Fish. 14. Corn. 15. Po-
tato. 16. Hickory Nut. 17. Salt. 18. Wild Cat.
1
19. (Sig'nLost). 20. (Sig'n Lost). 21. (Sig'nLost).
*
22. (Sig'n Lost).
The remaining tribes of this confederacy are said to
have had the organization into gentes, as the author was
informed by the Rev. S. M. Loughridge, who was for
many years a missionary among the Creeks, and who
furnished the names of the gentes above given. He
further stated that descent among the Creeks was in the
female line; that the office of sachem and the property
of deceased persons were hereditary in the gens, and that
intermarriage in the gens was prohibited. At the present
time the Creeks are partially civilized with a changed
plan of life. They have substituted a political in place
of the old social system, so that in a few years all traces
of their old gentile institutions will have disappeared. In
1869 they numbered about fifteen thousand, which would
give an average of five hundred and fifty persons to the
gens.

i 1. Yl'-hl. 2. No-kuse'. *. Ku'-mu. 4. Kal-pftt'-lu. I. IT-

cho. 6. Tui'-wi. 7. Kat'-cha. 8. Ho-torMe. 9. So-ptk'-tft.
10. Tttk'-ko. 11. Cha'-ll. 12. Wo'tko. 15. Hfi'-hlo. 14. U'-che.
U. Ah'-ah. 16. O-che'. 17. Ok-chfm'-wi. 18.. Ka-wi'-ku-ch*.
19. Tl-mul'-kee. 20. Ak-tu-yE-chul'-ke*. 21. Ii-fl-n(U'-k.
21. Wft-hlftk-kfil-kee.
8
Sir'n equals signification.
|0| AKCIBNT SOCtETT

2. Choctas. Among the Choctas the phratric organl*

zation appears in a conspicuous manner, because each
phratry is named, and stands out plainly as a phratry. It
doubtless existed in a majority of the tribes previously
named, but the subject has not been specially investi-
gated. The tribe of the Creeks consists of eight gentes
arranged in two phratries, composed of four gentes each,
as among the Iroquois.
I. Divided People. (First Phratry}.
i. Reed. 2. Law Okla. 3. Lulak. 4. Linoklusha.
II. Beloved People. (Second Phratry).
i. Beloved People. 2. Small People. 3. Large Peo-
*
ple. 4. Cray Fish.
The gentes of the same phratry could not intermarry ;

but themembers of either of the first gentes could marry

into either gens of the second, and vice versa. It shows
that the Choctas, like the Iroquois, commenced with two
gentes, each of which afterwards subdivided into four,
and that the original prohibition of intermarriage in the
gens had followed the subdivisions. Descent among the
Choctas was in the female line. Property and the office
of sachem were hereditary in the gens. In 1869 they
numbered some twelve thousand, which would give an
average of fifteen hundred persons to a gens. The fore-
going information was communicated to the author by
the late Dr. Cyrus Byington, who entered the mission-
ary service in this tribe in 1820 while they still resided
in their ancient territory eastof the Mississippi, who re-
moved with them to the Indian Territory, and died in
the missionary service about the year 1868, after forty-
five years of missionary labors. A man of singular ex-
cellence and purity of character, he has left behind him
a name and a memory of which humanity may be proud.
A Chocta once expressed to Dr. Byington a wish that
he might be made a citizen of the United States, for the
reason that his children would then inherit his property

i First. Ku-ihap'. Ok'-ll,

1. Kush-lk'-si. 2. Law-ok'-li. 3. Lu-lak Ik'-il. 4. Lln-ok-
W-iha.
Second. Wi'tik-I-HO.UMi.
1. Chu-fan-ik'-BL 2. Ii-ku-la-nl. 3. Chi'-to. 4. Shak-chuk'-Uu
 GENTES IN OTHER TRIBES itf

instead of his gentile kindred under the old law of the

gens. Chocta usages would distribute his property after
his death among his brothers and sisters and the children
of his sisters. He could, however, give his property to his
children in his life-time, in which case they could hold it
against the members of his gens. Many Indian tribes
now have considerable property in domestic animals and
in houses and lands owned by individuals, among whom
the practice of giving it to their children in their life-
time has become common to avoid gentile inheritance.
As property increased in quantity the disinheritance of
children began to arouse opposition to gentile inherit-
ance; and in some of the tribes, that of the Choctas
among the number, the old usage was abolished a few
years since, and the right to inherit was vested exclusive-
ly in the children of the deceased owner. It came, how-

ever, through the substitution of a political system in the

place of the gentile system, an elective council and mag-
istracy being substituted in place of the old government
of chiefs. Under the previous usuages the wife inherited
nothing from her husband, nor he from her; but the
wife's effects were divided among her children, and in
default of them, among her sisters.
3. Chickasas. In like manner the Chickasas were or-
ganized in two phratries. of which the first contains four,
and the second eight gentcs, as follows:
I. Panther Phratry.
i. Wild Cat. 2. Hird. 3. Fish. 4. Deer.
II. Spanish Phratry.
i. Raccoon. 2. Spanish. 3. Royal. 4. Hush-ko-
ni. 5. Squirrel. 6. Alligator. 7. Wolf. 8. Black-
*
bird.
Descent was in the female line, intermarriage in the
gens was prohibited, and property as well as the office
of sachem were hereditary in the gens. The above par-
ticulars were obtained from the Rev. Charles C. Cope-

i I. Kol.
1. Ko-ln-chuHh. 2. Ha-tiik-fu-shi. 3. Nun-ni. 4. Is !.
II. lah-pin-ee.
1. 8hl-u-e. 2. Ish-pln-ee. 3. Minc-ko. 4. Huih-ko-ni.
I. Tun-nl. I. Ho-chon-chab-ba. 7. Nl-sho-li. 8. Chuh-hH.
 168 ANCIENT SOCIETY

an American missionary residing with this tribe.

land,
In 1869 they numbered some five thousand, which would
give an average of about four hundred persons to the
gens. A
new gens seems to have been formed after their
intercourse with the Spaniards commenced, or this name,
for reasons, may have been substituted in the place of
an original name. One of the phratries is also called the
Spanish.
4. Cherokees. This tribe was anciently composed of
ten gentes, of which two, the Acorn, Ah-ne-dsu'-la f and
the Bird, Ah-ne-dse-skwa, are now extinct. They arc
the following:
I. Wolf. 2. Red Paint. 3. Long Prairie.
4. Deaf. (A bird.) 5. Holly. 6. Deer. 7. Blue.
*
8. Long Hair.
Descent is in the female line, and intermarriage in the
gens prohibited. In 1869 the Cherokees numbered four-
teen thousand which would give an average of seventeen
hundred and fifty persons to each gens. This is the larg-
est number, so far as the fact is known, ever found in a
single gens among the American aborigines. The Cher-
okees and O jib was at the present time exceed all the re-
maining Indian tribes within the United States in the
number of persons speaking the same dialect. It may
be remarked further, that it is not probable that there
ever was at any time in any part of North America a hun-
dred thousand Indians who spoke the same dialect. The
Aztecs, Tezcucans and Tlascalans were the only tribes of
whom so large a number could, with any propriety, be
claimed and with respect to them it is difficult to per-
;

ceive how the existence of so large a number in either

tribe could be established, at the epoch of the Spanish
Conquest, upon trustworthy evidence. The unusual num-
bers of the Creeks and Cherokees is due to the possession
of domestic animals and a well-developed field agricul-
ture. They are now partially civilized, having substi-

i 1. Ah-n-whf'*yl. 2. Ah-ne-who'-teh. 3. Ah-n*-**-tl-ra'*

alh.. 4. Dsfi-nMl'-a-na. 5. U nl-idl'-idl. I. Ah-nee-kl'-wih.
1.Ah-no-M-bok'-nlh. I. Ah-sift-ka-lo'-hi*h..
Ah*n ifnifiei th plural.
 GENTES IN OTHER TRIBES 100

tuted an elective constitutional government in the place

of the ancient gentes, under the influence of which the
latter are rapidly falling into decadence.
5. Seminoles. This tribe is of Creek descent. They
are said to be organized into gentes, but the particulars
have not been obtained.
IV. Pawnee Tribes.

Whether or not the Pawnees are organized in gentes

has not been ascertained. Rev. Samuel Allis, who had
formerly been a missionary among them, expressed to
the author his belief that they were, although he had not
investigated the matter specially. He named the follow-
ing gentes of which he believed they were composed :

I. Bear. 2. Beaver. 3. Eagle. 4. Buffalo.

5. Deer. 6. Owl.
I once met a band of Pawnees on the Missouri, but
was unable to obtain an interpreter.
The Arickarees, whose village is near that of the Min-
nitarees, are the nearest congeners of the Pawnees, and
the same difficulty occurred with them. These tribes,
with the Huecos and some two or three other small tribes
residing on the Canadian river, have always lived west
of the Missouri, and speak an independent stock lan-
guage. If the Pawnees are organized in gentes, pre-
sumptively the other tribes are the same.
V. Algonkin Tribes.
At the epoch of their discovery this great stock of the
American aborigines occupied the area from the Rocky
Mountains to Hudson's Bay, south of the Siskatchewun,
and thence eastward to the Atlantic, including both
shores of Lake Superior, except at its head, and both
banks of the St. Lawrence below Lake Champlain. Their
area extended southward along the Atlantic coast to
North Carolina, and down the east bank of the Missis-
sippi in Wisconsin and Illinois to Kentucky. Within the
eastern section of this immense region the Iroquois and
their affiliated tribes were an intrusive people, their only
competitor for supremacy within its boundaries.
jft ANCIENT SOCIETY
1

Gitchigamian Tribes.
I. Ojibwas. The Ojibwas
speak the same and are organized in gentes, of
dialect,
which the names of twenty-three have been obtained
without being certain that they include the whole num-
ber. In the Ojibwa dialect the word totem, quite as often
pronounced dodaim, signifies the symbol or device of a
gens; thus the figure of a wolf was the totem of the
Wolf gens. From this Mr. Schoolcraft used the words
"totemic system/' to express the gentile organization,
which would be perfectly acceptable were it not that we
have both in the Latin and the Creek a terminology for
every quality and character of the system which is al-
ready historical. It may be used, however, with Advan-
tage. The Ojibwas have the following gentes :

i. Wolf. 2. Bear. 3. Beaver. 4. Turtle (Mud).

5. Turtle (Snapping). 6. Turtle (Little). 7. Rein-
deer/ 8. Snipe. 9. Crane. 10. Pigeon Hawk.
11. Bald Eagle. 12. Loon. 13. Jhick. 14. Duck.
15. Snake. 16. Musk-rat. 17.Marten. 18. Heron.
IQ. Bull-head. 20. Carp. 21. Cat Fish.
22. Sturg-
2
eon. 23. Pike.
Descent is in the male line, the children belonging to
their father's gens. There are several reasons for the
inference that it was originally in the female line, and
that the change was comparatively recent. In the first
place, the Delawares, who are recognized by all Algon-
kin tribes as one of the oldest of their lineage, and who
are styled "Grandfathers" by all alike, still have <!escent
in the female line. Several other Algonkin tribe? have
the same. Secondly, evidence still remains that within
two or three generations back of the present, descent was
in the female line, with respect to the office of chief. *

i 1. From the Ojibwa, gl-tchl'. great, and gii'-me. lake, tho

aboriginal name of Lake Superior, and other great lakes.
a 1. My-een'-gun. 2. Ml-kwl'. 3. Ah-mlk'. 4. Me-she'-ki.
5. Mlk-o-noh'. 6. Me-skwi-da'-re. 7. Ah dlk'. 8. Chu-e-skwe'-
ke-wi. 9. O-Jee-Jok'. 10. Ka-kake'. 1 1. O-im-KC-e-ze'.
12. Mong. 13. Ah-ah'-weh. 14. She-shebe'. 16. Ke-na'-bljf.
16. Wa-zhuih'. 17. Wa-be-zhaze'. 18. Moowh-kM-oo-ze'. 19. Ah-
wah-sis'-sa. 20. Nl-ma'-bln. 21. 22. NI-ma'. 23. Ke-
no'-zhe.
3 An Ojibwa sachem, Ke-we'-kons, who died about 1840, at the
age of ninety years, when asked by my informant why he did
not retire from office and give place to hit son, replied, that his
 GENTE8 IN OTHER TRIBES 171

Thirdly, American and missionary influences have gen-

erally opposed it. A
scheme of descent which disinher-
ited the sons seemed to the early missionaries, trained
under very different conceptions, without justice or rea-
son ; and it is not improbable that in a number of tribes,
the O
jib was included, the change was made under their
teachings. And lastly, since several Algonkin tribes now
have descent in the female line, it leads to the conclusion
that it was anciently universal in the Ganowanian fam-
ily, it being also the archaic form of the institution.

Intermarriage in the gens is prohibited, and both prop-

erty and office are hereditary in the gens. The children,
however, at the present time, take the most of it to the
exclusion of their gentile kindred. The property and
effects of the mother pass to her children, and in default
of them, to her sisters, own and collateral. In like man-
ner the son may succeed his father in the office of
sachem; but where there are several sons the choice is
determined by the elective principle. The gentiles not
only fleet, but they also retain the power to depose. At
the present time the Ojibwas number some sixteen thou-
sand, which would give an average of about seven hun-
dred to each gens.
2. Potawattamies. This tribe has fifteen gentes, as
follows :

i. Wolf. 2. Bear. 3. Beaver. 4. Elk. 5. Loon.

6. Eagle. 7. Sturgeon. 8. Carp. 9. Bald Eagle.
10. Thunder. n. Rabbit. 12. Crow. 13. Fox.
l
14. Turkey. 15. Black Hawk.
Descent, inheritance, and the law of marriage are the
same as among the Ojibwas.

on could not succeed him; that the right of succession belonged

to his nephew, E-kwa'-ka-mlk, who must have the office. This
nephew was a son of one of his sisters. From this statement
it follows that descent, anciently, and within a recent period,
was in the female line. It does not follow from the form of
the statement that the nephew would take by hereditary right,
but that he was in the line of succession, and his* election was
substantially assured.
i 1. Mo-lh'. 2. M'-ko*. S. Muk. 4. Mls-shl'-w*. 6. Mak.
f. K'-nou'. 7. N'-mi*. 8. N'-mi-pe-ni'. >. M>
--fte'*wiL
10. Che'-kw*. 11. Wi-bo'-zo. 12. Kv-k&g'-she. 13. Wake-lhi'.
14. Ptn'-ni. 16. M'-ke-eash'-she-ki-kah'. 16. O-U'-wa.
174 ANCtEtf? SOCIETY

Otawas. l The Ojibwas, Otavvas and Potawatta-

3.
mies were subdivisions of an original tribe. When first
known they were confederated. The Otawas were un-
doubtedly organized in gentes, but their names have not
been obtained.
4. Crees. This tribe, when discovered, held the north-
west shore of Lake Superior, and spread from thence to
Hudson's Bay, and westward to the Red River of the
North. At a later lay they occupied the region of the
Siskatchewun, and south of it. Like the Dakotas they
have lost the gentile organization which presumptively
once existed among them. Linguistically their nearest
affiliation is with the Ojibwas, whom they closely resem-
ble in manners and customs, and in personal appearance.
Mississippi Tribes. The western Algonkins, grouped
under this name, occupied the eastern banks of the Mis-
sissippi in Wisconsin and Illinois, and extended south-
ward into Kentucky, and eastward into Indiana.
I. Miamis. The immediate congeners of the Miami's,
namely, the Weas, Piankeshaws, Peorias, and Kaskas-
kias, known at an earlv day, collectively, as the Illinois,
are now few in numbers, and have abandoned their an-
cient usages for a settled agricultural life. Whether or
not they were formerly organized in gentes has not been
ascertained, but it is probable that they were. The
Miamis have the following ten gentes :

1. Wolf. 2. Loon. 3. Eagle. 4. Buzzard.

5. Panther. 6. Turkey. 7. Raccoon. 8. Snow.
3
9. Sun. TO. Water.
Under their changed condition and declining numbers
the gentile organization is rapidly disappearing. When
its decline commenced descent was in the male line, in-

termarriage in the jifens was forbidden, and the office of

sachem together with property were hereditary in the
gens.
2. Shawnees. This remarkable and highly advanced
tribe, one pf the highest representatives of the Algonkin

i Pronounced O-tl'-wa.
a 1. Mo-wha'-wl. 2. Mon-ffWI*. 3. Ken-da-wl'. 4. Ah-pi'-
koee-e-i. 5. Ka-no-zK'-wa. 6. Pl-la-wa'. 7. Ah-te-pon'-nt.
8. Mon-ni' to. y. Kul-awft'. 10. (Not obtained.)
 GENTES IN OTHEIl TRIBES 178

stock, still retain their gentes, although they have sub-

stituted in place of the old gentile system a civil organiza-
tion with a first and second head-chief and a council,
each elected annually by popular suffrage. They have
thirteen gentes, which they still maintain for social and
genealogical purposes, as follows :

i. Wolf. Loon. 3. Bear.

2. 4. Buzzard.
5. Panther. 6. Owl. 7. Turkey. 8. Deer. 9. Rac-
coon. 10. Turtle. II. Snake. 12. Horse.
1
13. Rabbit.
Descent, inheritance, and the rule with respect to mar-
rying out of the gens are the same as among the Miamis.
In 1869 the Shawnees numbered but seven hundred,
which would give an average of about fifty persons to the
gens. They once numbered three or four thousand per-
sons, which was above the average among the American
Indian tribes.
The Shawnees had a practice, common also to the
Miamis and Sauks and Foxes, of naming children into
the gens of the father or of the mother or any other gens,
under certain restrictions, which deserves a moment's
notice. It has been shown that among the Iroquois each
gens had its own special names for persons which no
other gens had a right to use. 2 This usage was prob-
ably general. Among the Shawnees these names carried
with them the rights of the gens to which they belonged,
so that the name determined the gens of the person. As
the sachem must, in all cases, belong to the gens over
which he is invested with authority, it is not unlikely
that the change of descent from the female line to the
male commenced in this practice; in the first place to
enable a son to succeed his father, and in the second to
enable children to inherit property from their father. If

i 1. M'-wa-wa'. Ma-gwa'. 8. M'-kwa'. 4. We-wl'-see.

5. M'-ee'-pa-ae. 6.M'-ath-wa'. 7. Pa-la-wi'. 8. Psake*the.
9. Sha-pl-ti'. 10. Na-ma-thl'. 11. Ma-na-to'. 12. Pe-sa-wa*.
13. PI-tlke-e-no-the'.
t In every tribe the name indicated the gena. Thus, among
the Sauks and Foxes Long Horn is a name belonging to the
Deer gens; Black Wolf, to the wolf. In the Eagle gens the fol-
lowing are specimen names: Ka'-po-ni, "Eagle drawing his
nest:"
... . Ja-ka-kwl-p,
. . ..
"Eagle sitting with his head up;'* Pe-I-
flying over a limb."
 174 ANCIENT SOCIETY

a son when christened received a name belonging to the

gens of his father it would place him in his father's gen.-
and in the line of succession, but subject to the elective
principle. The father, however, had no control over the
question. It was left by the gens to certain persons, most
of them matrons, who were to be consulted when chil-
dren were to be named, with power to determine the
name to be given. By some arrangement between the
Shawnee gentes these persons had this power, and the
name when conferred in the prescribed manner, carried
the person into the gens to which the name belonged.
There are traces of the archaic rule of descent among
the Shawnees, of which the following illustration may be
given as it was mentioned to the author. La-ho'-weh, a
sachem of the Wolf gens, when about to die, expressed
a desire that a son of one of his sisters might succeed
him in the place of his own son. But his nephew (Kos-
kwa'-the) was of the Fish and his son of the Rabbit
gens, so that neither could succeed him without first be-
ing transferred, by a change of name, to the Wolf gens,
in which the office was hereditary. His wish was re-
spected. After his death the name of his nephew was
changed to Tep-a-ta-go the', one of the Wolf names, and
he was elected to the office. Such laxity indicates a
decadence of the gentile organization; but it tends to
show that at no remote period descent among the Shaw-
nees was in the female line.
3. Sauks and Foxes. These tribes are consolidated
into one, and have the following gentes :

i. Wolf. 2. Bear. 3. Deer. 4. Elk. 5. Hawk.

6. Eagle. 7. Fish. 8. Buffalo. 9. Thunder.
10. Bone. IT. Fox.12. Sea. 13. Sturgeon.
l
14. Big Tree.
Descent, inheritance, and the rule requiring marriage
out of the gens, are the same as among the Miamis. In

i 1. Mo-whI-wiB'-o-uk. 2. Ma-kwli'-so-Jlk. S. Pi-sha'-ra*

fta-wit-o-uk. 4. Mi-shi-wi-uk'. 6. Ki~kft-kwt0'-io-uk. 6. PI -mil'-
o-uk. 7. Ni-mi-sii'-so-uk. 8. Na-nus-sus'-so-uk. Ni-ni-ma'
kw-uk. 10. Ah-kuh' ne-nlk. 11. Wl-ko-a-wU'-io-llk.
11. Ki-cht-kone-a-we'-ao-uk. 13. Ni-mi-we'--o-uk. 14. Mi-
h'-roi-tik.
 6ENTES IN OTHER TRIBES 175

1869 they numbered but seven hundred, which would

give an average of fifty persons to the gens. The num-
ber of gentes still preserved affords seme evidence that
they were several times more numerous within the prev-
ious two centuries.
4. Menominees and Kikapoos. These tribes, which
are independent of each other, are organized in gentes,
but their names have not been procured. With respect
to the Menominees it may be inferred that, until a recent
period, descent was in the female line, from the follow-
ing statement made to the author, in 1859, by Antoine
Cookie, a member of this tribe. In answer to a question
concerning the rule of inheritance, he replied: "If I
should die, my brothers and maternal uncles would rob
my wife and children of my property. now expect We
that our children will inherit our effects, but there is no
certainty of it. The old law gives my property to my
nearest kindred who are not my children, but mv brothers
and sisters, and maternal uncles." It shows that property
was hereditary in the gens, but restricted to the agnatic
kindred in the female line.
Rocky Mountain Tribes. T. Blood Black feet. This
tribe is composed of the five following gentes:
1. Blood. 2. Fish Eaters. 3. Skunk. 4. Extinct
1
Animal. 5. Elk.
Descent is in the male line, but intermarriage in the
gens is not allowed.
2. Piegan Blackfeet. This tribe has the eight follow-
ing gentes :

I. Blood. 2. Skunk. 3. Web Fat. 4. Inside Fat.

5. Conjurers. 6. Never Laugh. 7. Starving.
8. Half Dead Meat.
Descent is in the male line, and intermarriage in the
gens is prohibited. Several of the names above given
are more appropriate to bands than to gentes but as the ;

information was obtained from the Blackfeet direct,

i 1. Ki'-no. 2, Ml-me-o'-ya. 3. Ah-pe-kl*. 4. A-ne'*pfe

t Ah-pe-kl'-e.
2. 3. Ih-po'-ae-ml. 4.
l."Ah-ah''-pl-tl-pe.
ka'-po-y*. 6. Mo-U'-to-sis. t. Kt-tl'-ya-ye-mlx. 7.
ml-n. 8. E-ko'-to-pU-taxe.
 176 ANCIENT SOCIETY

through competent interpreters, (Mr. and Mrs. Alexan-

der Culbertson, the latter a Blackfoot woman) I believe
it reliable. It is possible that nicknames for gentes ia
some cases may have superseded the original names.
Atlantic Tribes.
Delawares. As elsewhere stated the Delawates are,
i.

in the duration of their separate existence, one of the

oldest of the Algonkin tribes. Their home country, when
discovered, was the region around and north of Dela-
ware Bay. They are comprised in three gentes, as fol-
lows :

1. Wolf. Took'-seat. Round Paw.

2. Turtle. Crawling.
Foke-koo-un'-go.
Turkey. Pul-la'-cook. Non-chewing.
3.
These subdivisions are in the nature of phratries, be-
cause each is composed of twelve sub-gentes, each hav-
1
ing some of the attributes of a gens. The names are
personal, and mostly, if not in every case, those of fe-
males. As this feature was unusual I worked it out as
minutely as possible at the Delaware reservation in Kan-
sas, in 1860, with the aid of William Adams, an edu-
cated Delaware. It proved impossible to find the origin
of these subdivisions, but they seemed to be the several
eponymous ancestors from whom the members of the

I. Wolf.
i Took'-seat.
M-an'-greet, Big Feet.
1. 2. Wee-sow-het'-ko, Yellow Tree.
3. Pl-sa-kun-a'-mon, Pulling Corn. 4. We-yar-nlh'-ka-to. Care
Enterer. 5. Toosh-war-ka -ma, Across the River. 6. O-lunV-
a-ne, Vermilion. 7. Pun-ar'-you, Dog standing by Fireside.
8. Kwin-eek'-cha, Lonj? Body. 9. Moon-har tar'-ne, Digging.
10. Non-har'-min, Pulling up Stream. 11. Long-ush*harkar7-
to, Brush Log. 12. Maw-soo-toh', Bringing Along.
II. Turtle. Poke-koo-un'-go.
1. O-ka-ho'-kl, Ruler. 2. Ta-ko-ong'-o-to, High Bank Shore.
3. See-har-ong'-o-to, Drawing down Hill. 4. Ole har-kar-me'-
kar-to, Elector. 5. Ma-har-o-luk'-tl, Brave. 6. Toosh-kl-pa-
kwis-i, Green Leaves. 7. Tung-ul-ung'-sl, Smallest Turtle.
8. We-lun-fing-sl. Little Turtle. 9. Lee-kwtn-ft-i', Snapping Tur-
tle. 10. Kwis-aese-kees'-to, Deer.
The two remaining sub-gentes are extinct.
III. Turkey. Pul-la'-ook.
1. Big Bird.
Mo-har-l'-ll, 2. Le-le-wa'-you. Bird's Cry.
9. Moo-kwung-wa-ho'-ki, Eye Pain. 4. Moo-har-mo-wl-kar'-nu,

Plus Region. ~12. Oo-chuk'-ham, Ground Scratches

 GENTES IN OTHER TRIBES 177

gentes respectively derived their descent. It shows also

the natural growth of the phratries from the gentes.
Descent among the Delawares is in the female line,
which renders probable its ancient universality in this
form in the Algonkin tribes. The office of sachem was
hereditary in the gens, but elective among its members,
who had the power both to elect and depose. Property
also was hereditary in the gens. Originally the members
of the three original gentes could not intermarry in their
own gens but in recent years the prohibition has been
;

confined to the sub-gentes. Those of the same name in

the Wolf gens, now partially become a phratry, for ex-
ample, cannot intermarry, but those of different names
marry. The practice of naming children into the gens
of their father also prevails among the Delawares, arid
has introduced the same confusion of descents found
among the Shawnees and Miamis. American civiliza-
tion and intercourse necessarily administered a shock to
Indian institutions under which the ethnic life of the
people is gradually breaking down.
Examples of succession in office afford the most satis-
factory illustrations of the aboriginal law of descent. A
Delaware woman, after stating to the author that she,
with her children, belonged to the Wolf gens, and her
husband to the Turtle, remarked that when Captain
Ketchum (Ta-whe'-la-na), late head chief or sachem of
the Turtle gens, died, he was succeeded by his nephew,
John Conner (Ta-ta-ne'-sha), a son of one of the sisters
of the deceased sachem, who was
also of the Turtle gens.
The decedent left a son,but he was of another gens and
consequently incapable of succeeding. With the Dela-
wares, as with the Iroquois, the office passed from
brother to brother, or from uncle to nephew, because de-
scent was in the female line.
2. Munsees. The Munsees are an offshoot from the
De lawares, and have the same gentes, the Wolf, the Tur-
tle and the Turkey. Descent is in the female line, inter-
rr&rriage in the gens is not permitted, and the office of
sachem, as well as property, are hereditary in the gens.
3. Mohegans.
All of the New England Indians, south
178 ANCIENT SOCIETY

of the river Kennebeck, of whom the Mohegans formed

a part, were closely affiliated in language, and could un-
derstand each other's dialects. Since the Mohegans are
organized in gentes, there is a presumption that the
Pequots, Narragansetts, and other minor bands were not
only similarly organized, but had the same gentes. The
Mohegans have the same three with the Delawares, the
Wolf, the Turtle and the Turkey, each of which is com-
posed of a number of gentes. It proves their immediate
connection with the Delawares and Munsees by descent,
and also reveals, as elsewhere stated, the process of sub-
division by which an original gens breaks up into several,
which remain united in a phratry. In this case also it
may be seen how the phratry arises naturally under gen-
tile institutions. It is rare among the American aborig-
ines to find preserved the evidence of the segmentation
of original gentes as clearly as in the present case.
The Mohegan phratries stand out more conspicuously
than those of any other tribe of the American aborigines,
because they cover the gentes of each, and the phratries
must be stated to explain the classification of the gentes ;

but we know less about them than of those of the Iro-

quois. They are the following:
r
I. Wolf Phratry. Took-sc-tuk .

i. Wolf. 2. Bear. 3. Dog. 4. Opossum.

II. Turtle Phratry. Tonc-ba'-o.
i. Little Turtle. 2. Mud Turtle. 3. Great Turtle.

4. Yellow Eel.
III.
Turkey Phratry.
i. Turkey. Crane. 3. Chicken. l
2.
Descent is
in the female line, intermarriage in the
gens is forbidden, and the office of sachem is hereditary
in the gens, the office passing either from brother to
brother, or from uncle to nephew. Among the Pequots
and Narragansetts descent was in the female line, as I

i I. Took-e-tuk'.
1. N-h'-ji-o. 2. Ml'-kwl. 3. N-de-yl'-o. 4. Wl-pa-kw'.
II. Tone-bl'-o.
1. Gftk-po-mute'. 2. 3. Tone-bl'-o. 4. W-iaw-mi'-un.
III. Turkey.
1. Nl-ah-ml'-o. 2. Gi-h'-ko. I. .
 GBNTES IN OTHER TRIBES IflD

learned from a Narragansett woman whom I met in

Kansas.
4. Abenakis. The name of this tribe, Wa-be-na'-kee,
They affiliate more
1
signifies "Rising Sun People."
closely with the Micmacs than with the New England
Indians south of the Kennebeck. They have fourteen
gentes, as follows :

I. Wolf. 2. Wild Cat (Black.) 3. Bear. 4. Snake.

5. Spotted Animal. 6. Beaver. 7. Cariboo.
8. Sturgeon. 9. Muskrat. 10. Pigeon Hawk.
11. Squirrel. 12. Spotted Frog. 13. Crane.
*
14. Porcupine.
Descent is now in the male line, intermarriage in the
gens was anciently prohibited, but the prohibition has
now lost most of its force. The office of sache*n was
hereditary in the gens. It will be noticed that several
of the above gentes are the same as among the Ojibwas.
VI.
Athapasco-Apache Tribes.
Whether or not the Athapascans of Hudson's Bay Ter-
ritory and the Apaches .of New Mexico, who are subdi-
visions of an original stock, are organized in gentes has
not been definitely ascertained. When in the former ter-
ritory, in 1 86 1, I made an effort to determine the ques-
tion among the Hare and Red Knife Athapascans, but
was unsuccessful for want of competent interpreters ;

and yet seems probable that if the system existed,

it

traces of it would have beeu discovered even with im-

perfect means of inquiry. 'Hie late Robert Kennicott
made a similar attempt for the author among the A-chii'-
o-ten-ne, or Slave Lake Athapascans, with no better suc-
cess. He found special regulations with respect to mar-
riage and the descent of the office of sachem, which
seemed to indicate the presence of gentes, but he
could not obtain satisfactory information. The Kutchin
(Louchoux)' of the Yukon river region are Athapascans.

i In "Systems of Consanguinity," the aboriginal names of th

principal Indian tribes, with their significations, may be found.
1. Mals,-sum. 2. Pis-sun'. 3. Ah-weh'.soos. 4. Skooke.
*. Ah-lunk'-soo. 6. Ta-ma'-kwa. 7. Ma-g?uh-le loo'. 8. Ka-
;
bah'-seh. 9. Moos-kwi-suh'. 10. K'-che^a-gong'.go. 11. Men-
ko-4% 12. Che-fwlk'-U. 13. Koos-koo'. 14. M&-da'-weh*ooa*
180 ANCIENT SOCIETY

In a letter to the author by the late George Gibbs, he

remarks "In a letter which I have- from a gentleman at
:

Fort Simpson, Mackenzie river, it is mentioned that

among the Louchoux or Kutchin there are three grades
or classes of society undoubtedly a mistake for totem,
though the totems probably differ in rank, as he goes on
to say that a man does not marry into his own class,
but takes a wife from some other and that a chief from
;

the highest may marry with a woman of the lowest with-

out loss of caste. The children belong to the grade of
the mother; and the members of the same grade in the
different tribes do not war with each other."
Among the Kolushes of the Northwest Coast, who
affiliate linguistically though not closely with the Atha-

pascans, the organization into gentes exists. Mr. Galla-

tin remarks that they are "like our own Indians, divided
into tribes or clans a distinction of which, according to
;

Mr. Hale, there is no trace among the Indians of Oregon.

The names of the tribes [gentes] are those of animals,
namely Bear, Eagle, Crow, Porpoise and Wolf.
: The
. . .

right of succession is in the female line, from uncle to

nephew, the principal chief excepted, who is generally
the most powerful of the family." *
VIL Indian Tribes of the Northwest Coast.
In some of these tribes, beside the Kolushes, the gen-
tile organization prevails. "Before leaving Fuget's
Sound," observes Mr. Gibbi^ in a letter to the author, "I
was fortunate enough to meet representatives of three
principal families of what we call the Northern Indians,
the inhabitants of the Northwest Coast, extending from
the Upper end of Vancouver's Island into the Russian
Possessions, and the confines of the Esquimaux. From
them I ascertained positively that the totemic system ex-
ists at least among these three. The families I speak of
are, beginning at the northwest, Tlinkitt, commonly
called the Stikeens, after one of their bands; the Tlaidas;
and Chimsyans, called by Gallatin, Weas. There are
four totems common to these, the Whale, the Wolf, the

i Trans. Am. Eth. Soc., 11, Intro., cxlix.

 QENTEJS IN OTHER TRIBES 181

Eagle, and the Crow. Neither of these can marry into

the same totem, although in a different nation or family.
What is remarkable is that these nations constitute en-
tirely different families. I mean by this that their lan-

guages are essentially different, having no perceptible

analogy/' Mr. Dall> in his work on Alaska, written still
later, remarks that "the Tlinkets are divided into four
totems: the Raven (Yehl), the Wolf (Kanu'kh), the
Whale, and the Eagle (Chethl) Opposite totems
only can marry, and the child usually takes the mother's
totem." 1
Mr. Hubert H. Bancroft presents their organization
stillmore fully, showing two phratries, and the gentes
belonging to each. He remarks of the Thlinkeets that
the "nation is separated into two great divisions or clans,
one of which is called the Wolf and the other the Raven.
The Raven trunk is again divided into sub-clans, called
the Frog, the Goose, the Sea-Lion, the Owl, and the Sal-
mon. The Wolf family comprises the Bear, Eagle,
Dolphin, Shark, and Alca. Tribes of the same clan
. . .

may not war on each other, but at the same time mem-
bers of the same clan may not marry with each other.
Thus, the young Wolf warrior must seek his mate
*
among the Ravens."
The Eskimos do not belong to the Ganowanian family.
Their occupation of the American continent in compari-
son with that of the latter family was recent or modern.
They are also without gentes.

VIII. Salish, Sahaftin and Kootcnay Tribes.

tribes of the Valley of the Columbia, of whom
The
those above named represent the principal stocks, are
without the gentile organization. Our distinguished
philologists, Horatio Hale and the late George Gibbs,
both of whom devoted special attention to the subject,
failed to discover any traces of the system among them.
There are strong reasons for believing that this remark-
able area was the nursery land of the Ganowanian fam-

1
"Alaska and Its Resources/' p. 414.
"Native Races of the Pacific States/* i. 109.
1| ANCIENT SOCIETY

ily,from which, as the initial point of their migrations,

they spread abroad over both divisions of the continent.
It seems probable, therefore, that their ancestors pos-
sessed the organization into gentes, and that it fell into
decay and finally disappeared.
IX. Shoshoncc Tribes.
The Comanches of Texas, together with the Ute tribes,
the Bonnaks, the Shoshonees, and some other tribes, be-
long to this stock. Mathew Walker, a Wyandote half-
blood, informed the author, in 1859, that he had lived
among the Comanches, and that they had the following
gentes :

I. Wolf. 2. Bear. 3. Elk. 4. Deer. .

5. Gopher.
6, Antelope.
If the Comanches are organized in gentes, tin-re is a
presumption that the other tribes of this stock are the
same.
This completes our review of the social system of the
Indian tribes of North America, north of New Mexico..
The greater portion of the tribes named were in the
Lower Status of barbarism at the epoch of European
discovery, and the remainder in the Upper Status of
savagery. From the wide and nearly universal preva-
lence of the organization into gentes, its ancient univer-
sality among them with descent in the female line may
with reason be assumed. Their system was purely social,
having the gens as its unit, and the phratry, tribe and
confederacy as the remaining members of the organic
series. These four successive stages of integration and
re-integration express the whole of their experience in
the growth of the idea of government. Since the princi-
pal Aryan and Semitic tribes had the same organic series
when they emerged from barbarism, the system was sub-
stantially universal in ancient society, and inferential!)'
had a common origin. The punaluan group, hereafter
to be described more fully in connection with the growth
of the idea of the family, evidently gave birth to the
gentes, so that the Aryan, Semitic, Uralian, Turanian
and Ganowanian families of mankind point with a dis-
tinctiveness seemingly unmistakable to a common punal-
 GENTES IN OTHER TRIBES 188

uan stock, with the organization into gentes engrafted

upon it, from which each and all were derived, and
finally differentiated into families. This conclusion, I
believe, will ultimately enforce its own acceptance, when
future investigation has developed and verified the facts
on a minuter scale. Such a great organic series, able to
hold mankind in society through the latter part of the
period of savagery, through the entire period of barbar-
ism, and into the early part of the period of civilization,
does not arise by accident, but had a natural development
from pre-existing elements. Rationally and rigorously
interpreted, It seems probable that it can be made de-
monstrative of the unity of origin of all the families of
mankind who possessed the organization into gentes.

X. Village Indians.

Moqui Pueblo Indians. The Moqui tribes are still

I.

in undisturbed possession of their ancient communal

houses, seven in number, near the Little Colorado in Ari-
zona, once a part of New Mexico. They are living un-
der their ancient institutions, and undoubtedly at the
present moment fairly represent the type of Village In-
dian life which prevailed from Zufii to Cuzco at the
epoch of Discovery. Zufii, Acoma, Taos, and several
other New Mexican pueblos are the same structures
which were found there by Coronado in 1540-1542.
Notwithstanding their apparent accessibility we know in
reality but little concerning their mode of life or their
domestic institutions. No systematic investigation has
ever been made. What little information has found its
way into print general and accidental.
is

The Moquis are organized in gentes, of which they

have nine, as follows:
I. Deer. 2. Sand. 3. Rain. 4. Bear. 5. Hare.
6. Prairie Wolf. 7. Rattlesnake. 8. Tobacco Plant.

9. Reed Grass.
Dr. Ten Broeck, Assistant Surgeon, U. S. A., fur-
nished to Mr. Schoolcraft the Moqui legend of their or-
igin which he obtained at one
of their villages. They
 184 ANCIENT SOCIETY
1
said that "many years ago their Great Mother brought
from her home in the West nine races of men in the fol-
lowing form. First, the Deer race; second, the Sand
race; third, the Water [Rain] race; fourth, the Bear
race; fifth, the Hare race; sixth, the Prairie Wolf race;
seventh, the Rattlesnake race eighth, the Tobacco Plant
;

race; and ninth, the Reed Grass race. Having planted

them on the spot where their villages now stand, she
transformed them into men who built up the present
pueblos and
; the distinction of race is still kept up. One
told me that he was of the Sand race another, the Deer,
t

etc. They are firm believers in metempsychosis, and say

that when they die they will resolve into their original
forms, and become bears, deer, etc., again. . The gov-
. .

ernment is hereditary, but does not necessarily descend to

the son of the incumbent for if they prefer any other
;

blood relative, ho is chosen." 2 Having passed, in this

case, from the Lower into the Middle Status of barbar-
ism, and found the organization into gentes in full devel-
opment, its adaptation to their changed condition is dem-
onstrated. Its existence among the Village Indians in

general is rendered probable; but from this point for-

ward in the remainder of North, and in the whole of
South America, we are left without definite information
except with respect to the I^agunas. It shows how in-
completely the work has been done in American Eth-
nology, that the unit of their social system has been but
partially discovered, and its significance not understood.
Still, there are traces of it in the early Spanish authors.
and direct knowledge of it in a few later writers, which
when brought together will leave but little doubt of the
ancient universal prevalence of the gentile organization
throughout the Indian family.
There are current traditions in many gentes, like tha\
of the Moquis, of the transformation of their first pro-
genitors from the animal, or inanimate object, xvhicn be-
came the symbol of the gens, into men <>hd women

t The Shawnees formerly worshiped a FemJ Deity, call**

Go-gome-tha-mft. "Our Grand-Mother." "
* "Schoolcraft'fl Hint., etc.. of Indian Trib< iv ?6.
 GENTES IN OTHER TRIBES 185

Thus, the Crane gens of the O

jib was, have a legend that
a pair of cranes flew over the wide area from the Gulf
to the Great Lakes and from the prairies of the Missis-
sippi to the Atlantic in quest of a place where subsist-
ence was most abundant, and finally selected the Rapids
on the outlet of Lake Superior, since celebrated for its
fisheries. Having alighted on the bank of the river and
folded their wings the Great Spirit immediately changed
them into a man and woman, who became the progeni-
tors of the Crane gens of the Ojibwas. There are a
number of gentes in the different tribes who abstain from
eating the animal whose name they bear; but this is far
from universal.
2. Lagunas. The Laguna Pueblo Indians are organ-
ized in gentes, with descent in the female line, as appears
from an address of Rev. Samuel Gorman before the His-
torical Society of New Mexico in 1860. "Each town is
classed into tribes or families, and each of these groups
is named after some animal, bird, herb, timber,
planet, or
one of the four elements. In the pueblo of Laguna,
which is one of above one thousand inhabitants, there
are seventeen of these tribes some are called bear, some
;

deer, some rattlesnake, some corn, some wolf, some wa-

ter, etc., etc. The children are of the same tribe as their
mother. And, according to ancient custom, two persons
of the same tribe are forbidden to marry but, recently, ;

this custom begins to be less rigorously observed than

anciently."
"Their land is held in common, as the property of the
community, but after a person cultivates a lot he has a
personal claim to it, which he can sell to any one of the
same community or else when he dies it belongs to his
;

widow or daughters or, if he were a single man, it re-

;

mains in his father's family." l That wife or daughter

inherit from the father is doubtful.
3. Aztecs, Tezcucans and Tlacopans. The question of
the organization of these, and the remaining Nahuatlac
tribes of Mexico, in gentes will be considered in the next
ensuing chapter.
i "Addreai," p. 12.
18$ ANCIENT sooner?

4. Mayas of Yucatan. Herrera makes frequent ref-

erence to the "kindred," and in such a manner with re-
gard to the tribes in Mexico, Central and South America
as to imply the existence of a body of persons organized
on the basis of consanguinity much more numerous than
would be found apart from gentes. Thus: **He that
killed a free man was to make satisfaction to the children
and kindred/' l It was spoken of the aborigines of Nic-
aragua, and had it been of the Iroquois, among whom
the usage was the same, the term kindred would have
been equivalent to gens. And again, speaking generally
of the Maya Indians of Yucatan, he remarks that "when
any satisfaction was to be made for damages, if he who
was adjudged to pay was like to be reduced to poverty,
the kindred contributed/' 2 In this another gentile usage
may be recognized. Again, speaking of the Aztecs; "if
they were guilty, no favor or kindred could save them
from death/' 8 One more citation to the same effect
may be made, applied to the Florida Indians who were
organized in gentes. He observes "that they were ex-
travagantly fond of their children, and cherished them,
the parents and kindred lamenting such as died a whole
4
year/' The early observers noticed, as a peculiarity of
Indian society, that large numbers of persons were
bound together by the bond of kin, and therefore the
group came to be mentioned as "the kindred/' But they
did not 'carry the scrutiny far enough to discover, what
was probably the truth, that the kindred formed a gens,
and, as such, the unit of their social system.
Herrera remarks further of the Mayas, that "they
were wont to observe their pedigrees very much, and
therefore thought themselves all related, and were help-
ful to one another They did not marry mothers, or
sisters-in-law, nor any that bore the same name as their
6
father, which was looked upon as unlawful/' The ped-

i "General History of America/' L.ond. ed., 1726. Stevens'

Trans., 299.
ill,
a "Ib.," iv, 171.
3 "Ib.," iii, 203.
4 "Ib.," iv, 33.
5 "General History of Ameiica," Iv, 171.
 IN OtHER TRIBES l8t

igfee of an Indian under their system of consanguinity

could have no significance apart from a gens; but leav-
ing this out of view, there was no possible way, under
Indian institutions, by which a father and his children
could bear the same name except through a gens, which
conferred a common gentile name upon all its members.
It would also require descent in the male line to bring
father and children into the same gens. The statement
shows, moreover, that intermarriage in the gens among
the Mayas was prohibited. Assuming the correctness of
Herrera's words, it is proof conclusive of the existence
of gentes among the Mayas, with descent in the male
line. Tylor, in his valuable work on the "Early His-^
tory of Mankind/' which is a repository of widely-drawn
and well-digested ethnological information, cites the
same fact from another source, with the following re-
marks "The analogy of the North American Indian cus-
:

tom is therefore with that of the Australian in making

clanship on the female side a bar to marriage, but if we
go down further south into Central America, the reverse
custom, as in China, makes its appearance. Diego de
Landa says of the people of Yucatan, that no one took a
wife of his name, on the father's side, for this was a very
vile thing among them; but they might marry cousins
1
german on the mother's side."
XI. South American Indian Tribes.
Traces of the gens have been found in all parts of
South America, as well as the actual presence of the
Ganowanian system of consanguinity, but the subject
has not been fully investigated. Speaking of the numer-
ous tribes of the Andes brought by the Incas under a
species of confederation, Herrera observes that "this va-
riety of tongues proceeded from the nations being di-
vided into races, tribes, or clans." 2 Here in the clans
the existence of gentes is recognized. Mr. Tylor, dis-
cussing the rules with respect to marriage and descent,
remarks that "further south, below the Isthmus, both the

i "Early History of Mankind," p. 287.

3 "Gen. Hist, of Amer.," Iv. 231.
 188 ANCIENT SOCIETY

clanship and the prohibition re-appear on the female side.

Bernau says that among the Arrawaks of British Gui-
ana, 'Caste is derived from the mother, and children are
allowed to marry into their father's family, but not into
that of their mother/ Lastly, Father Martin Dobrizhof-
fer says that the Guaranis avoid, as
highly criminal, mar-
riage with the most distant relations; and speaking of
the Abipones, he makes the following statement :

The Abipones, instructed by nature and the example of

their ancestors, abhor the very thought of
marrying any
one related to them by the most distant tie of relation-
9 1
ship/ These references to the social system of the
aborigines are vague; but in the light of the facts al-
ready presented the existence of gentes with descent in
the female line, and with intermarriage in the gens pro-
hibited, renders them intelligible. Brett remarks of the
Indian tribes in Guiana that they "are divided into fam-
ilies, each of which has a distinct name, as the Siwidi,
Karuafudi, Onisicli, etc. Unlike our families, these all
descend in the female line, and no individual of either
sex is allowed to marry another of the same family name.
Thus a woman of the Siwidi family bears the same name
as her mother, but neither her father nor her husband
can be of that family. Her children and the children of
her daughters will also be called Siwidi, but both her
sons and daughters are prohibited from an alliance with
any individual bearing the same name; though they
may marry into the family of their father if they choose.
These customs are strictly observed, and any breach of
them would be considered as wicked." * In the family
of this writer may at once be recognized the gens in its
archaic form. All the South American tribes above
named, with the exception of the Andean, were when
discovered either in the Lower Status of barbarism, or
in the Status of savagery. Many of the Peruvian tribes
concentrated under the government established by the
Inca Village Indians were in the Lower Status nf bar-

t "Early History of Mankind,"

p. 287.
"Indian Tribes of Guiana," p. 98; cited by Lu*-bock
of Civilization," p. 98.
 OENTES IN OTHER TRIBES 180

barism, if an opinion may be formed from the imperfect

description of their domestic institutions found in Gar-

cillasso de la Vega.
To the Village Indians of North and South America,
whose indigenous culture had advanced them far into,
and near the end of, the Middle Period of barbarism, our
attention naturally turns for the transitional history of
the gentes. The archaic constitution of the gens has
been shown its latest phases remain to be presented in
;

the gentes of the Greeks and Romans but the intermedi-

;

ate changes, both of descent and inheritance, which oc-

curred in the Middle Period, are essential to a complete
history of the gentile organization. Our information is
quite ample with respect to the earlier and later condition
of this great institution, but defective with respect to the
transitional stage. Where the gentes are found in any
tribe of mankind in their latest form, their remote an-
cestors must have possessed them in the archaic form;
but historical criticism demands affirmative proofs rather
than deductions. These proofs once existed among the
Village Indians. We
are now well assured that their sys-
tem of government was social and not political. The up-
per members of the series, namely, the tribe and the con-
federacy, meet us at many points with positive evidence
;

of the gens, the unit of the system, in a number of the

tribes of Village Indians. But we are not able to place our
hands upon the gentes among the Village Indians in gen-
eral with the same precise information afforded by the
tribes in the Lower Status of barbarism. The golden
opportunity was presented to the Spanish conquerers and
colonists, and lost, from apparent inability to understand
a condition of society from which civilized man had so
far departed in his onward progress. Without a knowl-
edge of the unit of their social system, which impressed
its character upon the whole organism of society, the

Spanish histories fail entirely in the portrayal of their

governmental institutions.
A glance at the remains of ancient architecture in
Central America and Peru sufficiently proves that the
Middle Period of barbarism was one of great progress in,
190 ANCIENT SOCIETY

human development, of growing knowledge, and of ex-

panding intelligence. It was followed by a still more
remarkable period in the Eastern hemisphere after the
invention of the process of making iron had given that
final great impulse to human progress which was to bear
a portion of mankind into civilization. Our appreciation
of the grandeur of man's career in the Later Period of
barbarism, when inventions and discoveries multiplied
with such rapidity, would be intensified by an accurate
knowledge of the condition of society in the Middle
Period, so remarkably exemplified by the Village Indi-
ans. By a great effort, attended with patient labor, it may
yet be possible to recover a large portion at least of the
treasures of knowledge which have been allowed to dis-
appear. Upon our present information the conclusion is
warrantable that the American Indian tribes were uni-
versally organized in gentes at the epoch of European
discovery, the few exceptions found not being sufficient
to disturb the general rule.
 CHAPTER VII

THE AZTEC CONFEDERACY

The Spanish adventurers, who captured the Pueblo of

Mexico, adopted the erroneous theory that the Aztec gov-
ernment was a monarchy, analogous in essential respects
to existing monarchies in Europe. This- opinion was
adopted generally by the early Spanish writers, without
investigating minutely the structure and principles of the
Aztec social system. A terminology not in agreement
with their institutions came in with this- misconception
which has vitiated the historical narrative nearly as com-
pletely as though it were, in the main, a studied fabrica-
tion. With the capture of the only stronghold the Aztecs
possessed, their governmental fabric was destroyed, Span-
ish rule was substituted in its place, and the subject of
their internal organization and polity was allowed sub-
l
stantially to pas-s into oblivion.
The Aztecs and their confederate tribes were ignorant
of iron and consequently without iron tools: they had no
money, and traded by barter of commodities; but they
worked the native metals, cultivated by irrigation, manu-
factured coarse fabrics of cotton, constructed joint-tene-

1
The histories of Spanish America may be trusted In whatever relates
to the acts of the Spaniards, nnd to the acts and personal characteristic*
of the Indiana ; In whatever relates to their weapons. Implements and
utensils, fabrics, food and raiment, and things of a similar character.
But Jn whatever relates to Indian society nnd government, their social
relations, and plan of life, they are nearly worthies*, because they learned
nothing and knew nothing of either. We are at liberty to reject them
in these respects and commence anew; using any facts they may contain
which hnrmontac with what is known of Indian society.

191
10g ANCIENT SOCIETY

ment houses of adobe-bricks and of stone, and made

earthenware of excellent quality. They had, therefore,
attained to the Middle Status of barbarism. They still
held their lands in common, lived in large households
composed of a number of related families and, as there
;

are strong reasons for believing, practiced communism

in living in the household. It is rendered reasonably
certain that they had but one prepared meal each day,
a dinner; at which they separated, the men eating first
and by themselves, and the women and children after-
wards. Having neither tables nor chairs for dinner serv-
ice they had not learned to eat their single daily meal in
the manner of civilized nations. These features of their
social condition show sufficiently their relative status of
advancement.
In connection with the Village Indians of other parts
of Mexico and Central America, and of Peru, they af-
forded the best exemplification of this condition of anci-
ent society then existing on the earth. They represented
one of the great stages of progress toward civilization in
which the institutions derived from a previous ethnical
period are seen in higher advancement, and which were
to be transmitted, in the course of human experience, to
an ethnical condition still higher, and undergo still further
development before civilization was possible. But the
Village Indians were not destined to attain the Upper
Status of barbarism so well represented by the Homeric
Greeks.
The Indian pueblos in the valley of Mexico revealed
to Europeans a lost condition of ancient society, which
was so remarkable and peculiar that it aroused at the
time an insatiable curiosity. More volumes have been
written, in the proportion of ten to one, upon the Mexi-
can aborigines and the Spanish Conquest, than upon any
other people of the same advancement, or upon any event
of the same importance. And yet, there is no people con-
cerning whose institutions and plan of life so little is ac-
curately known. The remarkable spectacle presented so
inflamed the imagination that romance swept the field,
and has held it to the present hour. The failure to ascer-
 THE AZTEC CONFEDERACY 133

tain the structure of Aztec society which resulted was a

serious loss to the history of mankind. It should not be
made a cause of reproach to anyone, but rather for deep
regret. Even that which has been written, with such
painstaking industry, may prove useful in some future
attempt to reconstruct the history of the Aztec confeder-
acy. Certain facts remain of a positive kind from which
other facts may be deducted so that it is not improbable
;

that a well-directed original investigation may yet re-

cover, measurably at least, the essential features of the
Aztec social system.
The "kingdom of Mexico" as it stands in the early his-
tories, and the "empire of Mexico'* as it appears in the
later, is a fiction of the imagination. At the time there
\vas a seeming foundation for describing the government
as a monarchy, in the absence of a correct knowledge of
their institutions but the misconception can no longer be
;

defended. That which the Spaniards found was simply

a confederacy of three Indian tribes, of which the count-
erpart existed in all parts of the continent, and they had
no occasion in their descriptions to advance a step beyond
this single fact. The government was administered by
a council of chiefs, with the co-operation of a general
commander of the military bands. It was a government
of two powers the civil being represented by the coun-
:

cil, and the military by a principal war-chief. Since the

institutions of the confederate tribes were essentially
democratical, the government may be called a military
democracy, if a designation more special than confeder-
acy is required.
Three tribes, the Aztecs or Mexicans, the Tezcucans
and the Tlacopans, were united in the Aztec confeder-
acy, which gives the two upper members of the organic
social series. Whether or not they possessed the first

and the second, namely, the gens and the phratry, does
not appear in a definite form in any of the Spanish
writers but they have vaguely described certain institu-
;

tions which can only be understood by supplying the lost

members of the series. Whilst the phratry is not essen-
tial it is otherwise with the gens, because it isthe unit
 194 ANCIENT SOCIETY

upon which the social system rests. Without entering

the vast and unthreadable labyrinth of Aztec affairs as
they now stand historically, I shall venture to invite at-
tention to a few particulars only of the Aztec social sys-
tem, which may tend to illustrate its real character. Be-
fore doing this, the relations of the confederated to sur-
rounding- tribes should be noticed.
The Aztecs were one of seven kindred tribes who had
migrated from the north and settled in and near the
valley of Mexico; and who were among the historical
tribes of that country at the epoch of the Spanish Con-
quest They called themselves collectively the Nahu-
atlacs in their traditions. Acosta, who visted Mexico in
1585, and whose work was published at Seville in 1580,
has given the current native tradition of their migrations,
one after the other, from Aztlan, with their names and
places of settlement. He states the order of their arrival
as follows: 1. Sochimilcas, "Nation of the Seeds of Flow-
ers," who settled upon Lake Xochimilco, on the south
slope of the valley of Mexico 2. Chalcas, "People of
;

Mouths," who came long after the former and settled

near them, on Lake Chalco; 3. Tepanecans, "People of
the Bridge," who settled at Azcopozalco, west of Lake
Tezcuco, on the western slope of the valley 4. Culhuas, ;

"A Crooked People," who settled on the east side of Lake

Tezcuco, and were afterwards known as Tezcucans;
5. Tlatluicans, "Men of the Sierra," who, finding the

valley appropriated around the lake, passed over the Si-

erra southward and settled upon the other side 6. Tlas- ;

calans, "Men of Bread," who, after living for a time

with the Tepanecans, finally settled beyond the valley
eastward, at Tlascala 7. The Aztecs, who came* last and
;

occupied the site of the present city of Mexico. Acosta

further observes that they came "from far countries
which lie toward the north, where now they have found
*
a kingdom which they call New Mexco." The same
"The Natural and Moral History of the East and West Indies.'*
Lond. ed., Grlmatone's Trans., pp. 407-504.
1604.
*
"The Natural and Moral History o fthe East and West Indies/*
p. 499.
 THE AZTEC CONFEDERACY 195
1
tradition is given by Herrera, and also by Clavigero.*
It willbe noticed that the Tlacopans are not mentioned.
They were, in all probability, a subdivision of the Tepane-
cans who remained in the original area of that tribe,
while the remainder seem to have removed to a territory
immediately south of the Tlascalans, where they were
found under the name of the Tepeacas. The latter hjd
the same legend of the seven caves, and spoke a dialect
of the Nahuatlac language.'
This tradition embodies one significant fact of a kind
that could not have been invented namely, that the seven
;

tribes were of immediate common origin, the fact being

confirmed by their dialects; and a second fact of impor-
tance, that they came from the north. It shows that
they were originally one people, who had fallen into
seven and more tribes by the natural process of segmen-
tation. Moreover, it was this same fact which rendered
the Aztec confederacy possible as well as probable, a com-
mon language being the essential basis of such organiza-
tions.
The Aztecs found the best situations in the valley occu-
pied, and after several changes of position they finally
settled upon a small expanse of dry land in the midst
of a marsh bordered with fields of pedregal and with
natural ponds. Here they founded the celebrated pueblo
of Mexico (Tenochtitlan), A. D. 1325, according to
Clavigero, one hundred and ninety-six years prior to the
4
Spanish Conquest. They were few in number and poor
in But fortunately for them, the outlet of
condition.
Lakes Xochimilco and Chalo and rivulets from the west-
ern hills flowed past their site into Lake Tezcuco. Hav-
ing the sagacity to perceive the advantages of the loca-
tion they succeeded, by means of causeways and dikes,
in surrounding their pueblo with an artificial pond of
large extent, the waters being furnished from the sources
1
"General History of America," Loud, ed., 1725, Stevens* Trans.,
ill, 188.
"History of Mexico," Philadelphia ed.. 1817. Cullen's Trans., 1,
119.
ft
Hfrre.ra,"Hist, of Amer., ill, 110.
4
"History of Mexico, loc. clt, i, 162.
196 ANCIENT SOCIETY

named and the level of Lake Tezcuco being higher then

;

than at present, it gave them, when the whole work was

completed, the most secure position of any tribe in the
valley. The mechanical engineering by which they
accomplished this result was one of the greatest achieve-
ments of the Aztecs, and one without which they would
not probably have risen above the level of the surround-
ing tribes. Independence and prosperity followed, and
in time a controlling influence over the valley tribes.
Such was the manner, and so recent the time of founding
the pueblo according to Aztec traditions which may be
accepted as substantially trustworthy.
At the epoch of the Spanish Conquest five of the seven
tribes, namely, the Aztecs, Tezcucans, Tlacopans, Sochi-
milcas, and Chalcans resided in the valley, which was an
area of quite limited dimensions, about equal to the state
of Rhode Island. It was a mountain or upland basin

having no outlet, oval in form, being longest from north

to south, one hundred and twenty miles in circuit, and
embracing about sixteen hundred square miles excluding
the surface covered by water. The valley, as described,
is surrounded by a series of hills, one range rising above
another with depressions between, encompassing the val-
ley with a mountain barrier. The tribes named resided
in some thirty pueblos, more or less, of which that of
Mexico was the largest. There is no evidence that any
considerable portion of these tribes had colonized out-
side of the valley and the adjacent hill-slopes; but, on the
contrary, there is abundant evidence that the remainder
of modern Mexico was then occupied by numerous tribes
who spoke languages different from the Xahuatlac, and
the majority of whom were independent. The Tlascalans,
the Cholulans, a supposed subdivision of the former, the
Tepeacas, the Huexotzincos, the Meztitlans, a supposed
subdivision of the Tezcucans, and the Tlatluicans were
the remaining Nahuatlac tribes living without the valley
of Mexico, all of whom were independent excepting the
last, and the Tepeacas. A large number of other tribes,
forming some seventeen territorial groups, more or less,
and speaking as many stock languages, held the remain-
 *THE AZTEC COKFKDERACY igt

cler of "Mexico. They present, in their state of dis-

integration and independence, a nearly exact repetition
of the tribes of the United States and British America,
at the time of their discovery, a century or more later.
Prior to A. D. 1426, when the Aztec confederacy was
formed, very little had occurred in the affairs of the val-
ley tribes of historical importance. They were disunited
and belligerent, and without influence beyond their im-
mediate localities. About this time the superior position
of the Aztecs began to manifest its results in a prepon-
derance of numbers and of strength. Under their war-
chief, Itzcoatl, the previous supremacy of the Tezcucans
and Tlacopans was overthrown, and a league or confed-
eracy was established as a consequence of their previous
wars against each other. It was an alliance between
the three tribes, offensive and defensive, with stipulations
for the division among them, in certain proportions, of
the spoils, and the after tributes of subjugated tribes. 1
These tributes, which consisted of the manufactured fab-
rics and horticultural products of the villages subdued,
seem to have been enforced with system, and with rigor
of exaction.
The plan of organization of this confederacy has been
lost. From the absence of particulars it is now difficult
to determine whether it was simply a league to be con-
tinued or dissolved at pleasure or a consolidated organ-
;

ization, like that of the Iroquois, in which the parts were

adjusted to each other in permanent and definite rela-
tions. Each tribe was independent in whatever related
to local self-government; but the three were externally
one people in whatever related to aggression or defense.
While each tribe had its own council of chiefs, and its
own head war-chief, the war-chief of the Aztecs was the
commander-in-chief of the confederate bands. This may
be inferred from the fact that the Tezcucans and Tlaco-
pans had a voice either in the election or in the confirma-
tion of the Aztec war-chief. The acquisition of the chief

i Claviscero, "Hist, of Mex.," I. 229: Herrera. Hi. 312: PrescoU,

"Conq. of Mex./' 1, 18.
 198 ANCIENT SOClETt

command by the Aztecs tends to show that their influ-

ence predominated in establishing the terms
upon which
the tribes confederated.

Nezahualcojotl had been deposed, or at least dispos-

sessed of his office, as principal war-chief of the Tezcu-
cans, to which he was at this time (1426) restored by
Aztec procurement. The event may be taken as the date
of the formation of the confederacy or league which-
ever it was.
Before discussing the limited number of facts which
tend to illustrate the character of this organization, a*
brief reference should be made to what the
confederacy
accomplished in acquiring territorial domination during
the short period of its existence.
From A. D. 1426 to 1520, a period of ninety- four years,
the confederacy was engaged in frequent wars with
adja-
cent tribes, and particularly with the feeble
Village
Indians southward from the valley of Mexico to the
Pacific, and thence eastward well toward Guatemala.
They began with those nearest in position whom they
overcame, through superior numbers and concentrated
action, and subjected to tribute. The villages in this
area were numerous but small, consisting in many cases
of a structure of adobe-brick or of stone,
single large
and in some cases of several such structures grouped to-
gether. These joint-tenement houses interposed serious
hinderances to Aztec conquest, but they did not prove
insuperable. These forays were continued from time to
time for the avowed object of gathering spoil,
imposing
tribute, and capturing prisoners for sacrifice; until the
1

>
The Aztecs, like the Northern Indians, neither exchanged nor re-
leased prisoners. Among the latter the stake was the doom of the
captive unless saved by adoption ; but among the former, under the
teachings of the priesthood, the unfortunate captive was offered as a
sacrifice to the principal god they worshiped. To utlltee the life of
the prisoner In the service of the god. a life forfeited by the immem-
orial usages of savages and barbarians, was the high conception of
the first hierarchy in the order of institutions. An organised priest-
hood first appeared among the American aborigines in the Middle Sta-
tus of barbarism ; And ft stands connected with the invention of Idols
and human sacrifices, as a means of acquiring authority over man-
kind through the religious sentiments. It probably has a similar
 THE AZTEC CONFEMRACt 199

named, with some excep-

principal tribes within the area
tions,were subdued and made tributary, including the
scattered villages of the Totonacs near the present
Vera Cruz.
No attempt was made to incorporate these tribes in
the Aztec confederacy, which the barrier of language
rendered impossible under their institutions. They were
left under the government of their own chiefs, and to the
practice of their own usages and customs. In some cases
a collector of tribute resided among them. The barren
results of these conquests reveal the actual character of
their institutions. Adomination of the strong over the
weak for no other object than to enforce an unwilling
tribute, did not even tend to the formation of a nation.
If organized in gentes, there was no way for an individ-
ual to become a member of the government except
through a gens, and no way for the admission of a gens
except by its incorporation among the Aztec, Tezcucan,
or Tlacopan gentes. The plan ascribed to Romulus of
removing the gentes of conquered Latin tribes to Rome
might have been resorted to by the Aztec confederacy
with respect to the tribes overrun; but they were not
sufficiently advanced to form such a conception, even
though the barrier of language could have been obviated.
Neither could colonists for the same reason, if sent
among them, have so far assimilated the conquered tribes
as to prepare them for incorporation in the Aztec social
system. As it was the confederacy gained no strength
by the terrorism it created; or by holding these tribes
under burdens, inspired with enmity and ever ready to
revolt. It seems, however, that they used the military
bands of subjugated tribes in some cases, and shared
with them the spoils. All the Aztecs could do, after

history in the principal tribes of mankind. Three successive usages

with respect to captives appeared in the three subperiods of bar
barlsm. In the first he was burned at the stake, in the second he was
sacrificed to the rods, and in the third he was made a slave. All
alike they proceeded upon the principle that the life of the prisoner
was forfeited to his captor. This principle became no deeply seated
in the human mind that civilisation and Christianity combined were
requred for Its displacement.
 00 ANCIENT SOCIETY

forming the confederacy, was to expand it over the

remaining Nahuatlac tribes. This they were unable to
accomplish. The Xochimilcas and Chalcans were not
constituent members of the confederacy, but they enjoyed
a nominal independence, though tributary.
This is about all that can now be discovered of the
material basis of the so-called kingdom or empire of the
Aztecs. The confederacy was confronted by hostile and
independent tribes on the west, northwest, northeast,
east, and southeast sides as witness, the Mechoacans on
:

the west, the Otomies on the northwest, ( scattered bands

of the Otomies near the valley had been placed under
tribute), the Chichimecs or wild tribes north of the
Otomies, the Meztitlans on the northeast, the Tlascalans
on the east, the Cholulans and Htiexotzincos on the
southeast and beyond them the tribes of the Tabasco, the
tribes of Chiapas, and the Zapotecs. In these several
directions the dominion of the Aztec confederacy did
not extend a hundred miles beyond the valley of Mexico,
a portion of which surrounding area was undoubtedly
neutral ground separating the confederacy from perpet-
ual enemies. Out of such limited materials the kingdom
of Mexico of the Spanish chronicles was fabricated, and
afterwards magnified into the Aztec empire of current
history.
A few words seem to be necessary concerning the pop-
ulation of the valley and of the pueblo of Mexico. No
means exist for ascertaining the number of the people in
the five Nahuatlac tribes who inhabited the valley. Any
estimate must be conjectural. As a conjecture then,
based upon what is known of their horticulture, their
means of subsistence, their institutions, their limited area,
and not forgetting the tribute they received, two hundrec
and fifty thousand persons in the aggregate would prob-
ably be an excessive estimate. It would give about a
hundred* and sixty persons to the square mile, equal to
nearly twice the present average population of the state of
New York, and about equal to the average population of
Rhode Island. It is difficult to perceive what sufficient
reason can be assigned for so large a number of inhab-
 THE AZTEC CONFEDERACY 201

itants in all the villages within the valley, said to have

been from thirty to forty. Those who claim a higher
number will be bound to show how a barbarous people,
without flocks and herds, and without field agriculture,
could have sustained in equal areas a larger number of
inhabitants than a civilized people can now maintain
armed with these advantages. It cannot be shown for
the simple reason that it could not have been true. Out
of this population thirty thousand may, perhaps, be
l
assigned to the pueblo of Mexico.
be unnecessary to discuss the position and rela-
It will
tions of the valley tribes beyond the suggestions made.
The Aztec monarchy should be dismissed from American
aboriginal history, not only as delusive, but as a misrep-
resentation of the Indians, who had neither developed
nor invented monarchical institutions. The government
they formed was a confederacy of tribes, and nothing
more and probably not equal in plan and symmetry with
;

that of the Iroquois. In dealing with this organization,

War-chief, Sachem, and Chief will be sufficient to distin-
guish their official persons.
The pueblo of Mexico was the largest in America.
Romantically situated in the midst of an artificial lake,
its large joint-tenement houses plastered over with gyp-

i There is some difference in the estimates of the population

of Mexico found in the Spanish histories; but several of them
concurred in the number of houses, which, strange to say, is
placed at sixty thousand. Zuazo, who visited Mexico in 1521,
wrote sixty thousand inhabitants (Prescott, "Conq. of Mex.,"
ii, 112, note); the Anonymous Conqueror, who accompanied
Cortes also wrote sixty thousand inhabitants, "soixante mllle
habitans" ("H. Ternaux-Compans," x, 92); but Qomora and
Martyr wrote sixty thousand houses, and this estimate has been
adopted by Clavigero ("Hist, of Mex./' ii, 360) by Herrera
("Hist, of Amer.," 1J, 360), and by Prescott ("Conq. of Mex.,"
11,112). Soils says sixty thousand families ("Hist. Conq. of
MPX., 1. c.," i, 393). This estimate would give a population of
300,000, although London at that time contained but 146,000
inhabitants (Black's "London." p. 6). Finally, Torquemada, cited
by Clavigero (ii, 360, note), boldly writes one hundred and
tvy^nty thousand houses. There can scarcely be a doubt that
the houses in this pueblo were in general large communal, or
joint-tenement houses, like ttiose in New Mexico of the same
period, large enough to accommodate from ten to fifty and a
hundred families in each. At either number the mistake is
egregious. Zuazo and the Annonymous Conqueror came the
nearent to a respectable estimate, because they did not much
more than double the probable number.
208 ANCIENT SOCIETY

sum, which made them a brilliant white, and approached

by causeways, it presented to the Spaniards, in the dis-
tance, a striking and enchanting spectacle. It was a rev-
elation of an ancient society lying two ethnical periods
back of European society, and eminently calculated, from
its orderly plan of life, to awaken curiosity and inspire
enthusiasm. A
certain amount of extravagance of opin-
ion was unavoidable.
A few particulars have been named .tending to show
the extent of Aztec advancement to which some others
may now be added. Ornamental gardens were found,
magazines of weapons and of military costumes, im-
proved apparel, manufactured fabrics of cotton of supe-
riorworkmanship, improved implements and utensils,
and an increased variety of food; picture-writing, used
chiefly to indicate the tribute in kind each subjugated
village was to pay ; a calendar for measuring time, and
open markets for the barter of commodities. Adminis-
trative officeshad been created to meet the demands of
a growing municipal life; a priesthood, with a temple
worship and a ritual including human sacrifies, had been
established. The office of head war-chief had also risen
into increased importance. These, and other circum-
stances of their condidtion, not necessary to be detailed,
imply a corresponding development of their institutions.
Such are some of the differences between the Lower and
the Middle Status of
barbarism^ as illustrated by the rel-
ative conditions of the Iroquois and the Aztecs, both
having doubtless the same original institutions.
With these preliminary suggestions made, the three
most important and most difficult questions with respect
to the Aztec social system, remain to be considered.
They relate first, to the existence of Gentes and Phra-
tries second, the existence and functions of the Council
;

of Chiefs and, third, the existence and functions of the

;

office of General Military Commander, held by Monte-

zuma.
I. The Existence of Gentes and Phratries.
It may seem singular that the early Spanish writers
did not discover the Aztec gentes, if in fact they existed;
 THE AZTEC CONFEDERACY 203

but the case was nearly the same with the Iroquois under
the observation of our own people more than two hun-
dred years. The existence among them of clans, named
after animals, was pointed out at an early day, but with-
out suspecting that it was the unit of a social system
*
upon which both the tribe and the confederacy rested.
The failure of the Spanish investigators to notice the
existence of the gentile organization among the tribes of
Spanish America would afford no proof of its non-exist-
ence but if it did exist, it would simply prove that their
;

work was superficial in this respect

There is a large amount of indirect and fragmentary
evidence in the Spanish writers pointing both to the gens
and the phratry, some of which will now be considered.
Reference has been made to the frequent use of the term
"kindred" by Herrera, showing that groups of persons
were noticed who were bound together by affinities of
blood. This, from the size of the group, seems to require
a gens. The term "lineage" is sometimes used to indi-
cate a larger group, and implying a phratry.
still

The pueblo
of Mexico was divided geographically into
four quarters, each of which was occupied by a lineage,
a body of people more nearly related by consanguinity
among themselves than they were to the inhabitants of
the other quarters. Presumptively, each lineage was a
phratry. Each quarter was again subdivided, and each
local subdivision was occupied by a community of per-
sons bound together by some common tie.* Presump-
community of persons was a gens. Turning
tively, this
to the kindred tribe of Tlascalans, the same facts nearly
re-appear. Their pueblo was divided into four quarters,
each occupied by a lineage. Each had its own Teuctli
or head war-chief, its distinctive military costume, and
its own
standard and blazon.* As one people they were
under the government of a council of chiefs, which the
Spaniards honored with the name of the Tlascalan sen-

"Learn* of the Iroquois," p. 78.

Herrera. JI1, 194. 209.
Herrera, II, 279, 304; Clavifcero, i. 140.
 204 ANCIEtfT SOCIHT*

ate. 1 Cholula, in like manner, was divided into six

quarters, called wards by Herrera, which leads to the
same inference. * The Aztecs in their social subdivisions
having arranged among themselves the parts of the
pueblo they were severally to occupy, these geographical
districts would result from their mode of settlement. If
the brief account of these quarters at the foundation of
Mexico, given by Herrera, who follows Acosta, is read
in the light of this explanation, the truth of the matter
will be brought quite near. After mentioning the build-
ing of a ''chapel of lime and stone for the idol," Herrera
proceeds as follows: "When this was done, the idol
ordered a priest to bid the chief men divide themselves,
with their kindred and followers, into four wards or
quarters, leaving the house that had been built for him
to rest in the middle, and each party to build as they
liked best. These are the four quarters of Mexico now
called St. John, St. Mary the Round, St. Paul and St.
Sebastian. That division being acordingly made, their
idol again directed them to distribute among themselves
the gods he should name, and each ward to appoint pecul-
iar places where the gods should be worshiped and thus ;

every quarter has several smaller wards in it according to

the number of their gods this idol called them to adore . . .

Thus Mexico, Tenochtitlan, was founded .... When

the aforesaid partition was made, those who thought
themselves injured, with their kindred and followers,
went away to seek some other place/ 13 namely, Tlatelueco,
which was adjacent. It is a reasonable interpretation
of this language that they divided by kin, first into four
general divisions, and these into smaller subdivisions,
which is the usual formula for stating results. But the
actual process was the exact reverse namely, each body
;

of kindred located in an area by themselves, and the

several bodies in such a way as to bring those most
nearly related in geographical connection with each

i Clavlgrero, 1, 147; The four war-chiefs were ex ofllcio mem*

beni of the Council. Ib.. ii, 137.
a Herrera, 11, 31U.
3 Herrera, HI, 194.
 THE AZTEC CONFEDERACY 205

other. Assuming that the lowest subdivision was a

gens, and that each quarter was occupied by a phratry,
composed of related gentes, the primary distribution of
the Aztecs in their pueblo is perfectly intelligible. With-
out this assumption it is incapable of a satisfactory ex-
planation. When a people, organized in gentes, phratri^s
and tribes, settled in a town or city, they located by
gentes and by tribes, as a necessary consequence, of their
social organization. The Grecian and Roman tribes
manner. For example, the
settled in their cities in this
three Roman tribes were organized in gentes and curiae,
the curia being the analogue of the phratry; and they
settled at Rome by gentes, by curiae and by 'tribes. The
Ramnes occupied the Palatine Hill. The Titles were
mostly on the Quirinal, and the Luceres mostly on the
Esquiline. If the Aztecs were in gentes and phratries,
having but one tribe, they would of necessity be found
in as many quarters as they had phratries/ with each

gens of the same phratry in the main locally by itself.

As husband and wife were of different gentes, and the
children were of the gens of the father or mother as
descent was in the male or the female line, the pre-
ponderating number in each locality would be of the
same gens.
Their military organization was based upon these so-
As Nestor advised Agamemnon to arrange
cial divisions.
the troops by phratries and by tribes, the Aztecs seem
to have arranged themselves by gentes and by phratries.
I the Mexican Chronicles, by the native author Tezo-
zomoc (for a reference to the following passage in
which I am indebted to my friend Mr. Ad. F. Bandelier.
of Highland, Illinois, who is now engaged upon its
translation), a proposed invasion of Michoacan is refer-
rej to. Axaycatl "spoke to the Mexican captains Tlaca-
tecatl and Tlacochcalcatl, and to all the others, and in-
quired whether all the Mexicans were prepared, after the
usuges and customs of each ward, each one with its cap-
tains; and if so that they should begin to march, and
th I all were to reunite at Matlatzinco Toluca." 1 It in-

t *Cronica Mexicana," De Fernando de Alvarado Teioiomoo,

&K 11, p. $8, Klnffsborough, v. ix.
 206 ANCIENT SOCIETY

dicates that the military organization was by gentes and

by phratries.
An inference of the existence of Aztec gentes arises
also from their land tenure. Qavigero remarks that
"the lands which were called Altepetlatti [altepetl=pue-
blo] that is, those of the communities of cities and vil-
lages, were divided into as many parts as there were
districts in a city, and every district possessed its own
part entirely distinct from, and independent of every
other. These lands could not be alienated by any means
*
whatever." In each of these communities we are led
to recognize a gens, whose localization was a necessary
consequence of their social system. Clavigero puts the
districts for the community, whereas it was the latter
which made the district, and which owned the lands in
common. The element of kin, which united each com-
munity, omitted by Clavigero is supplied by Herrera.
'There were other lords, called major parents [sachems],
whose landed property all belonged to one lineage

[gens], which lived in one district, and there were many

of them when the lands were distributed at the time
New Spain was peopled; and each lineage received its
own, and have possessed them until now; and these
lands did not belong to any one in particular, but to all
in common, and he who possessed them could not sell
them, although he enjoyed them for life and left them to
his sons and heirs; and if a house died out they were
left to the nearest parent to whom they were given and
to no other, who administered the same district or line-
*
age." In this remarkable statement our author was
puzzled to harmonize the facts with the prevailing the-
ory of Aztec institutions. He presents to us an Aztec
lord who held the fee of the land as a feudal proprietor,
and a title of rank pertaining to it, both of which he
transmitted to his son and heir. But in obedience to
truth he states the essential fact that the lands belonged
to a body of consanguine! of whom he is styled the major
*
"History of Mexico," II, 141.
9
"History of America/* HI, 314. The above is a retraaslatlon by
Mr. Bandeller from the Spanish text
 THE AZTEC CONFEDERACY 207

parent, i. e., he was the sachem, it may be supposed, of

the gens, the latter owning these lands in common. The
suggestion that he held the lands in trust means nothing.
They found Indian chiefs connected with gentes, each
gens owning a body of lands in common, and when the
chief died, his place was filled by his son, according to
Herrera. In so far it may have been analogous to a
Spanish estate and title and the misconception resulted
;

from a want of knowledge of the nature and tenure of

the office of chief. In some cases they found the son
did not succeed his father, but the office went to some
other person; hence the further statement, "if a house
(alguna casa, another feudal feature) died out, they [the
lands] were left to the nearest major parent;" t. 0., an-
other person was elected sachem, as near as any conclu-
sion can be drawn from the language. What little V\as
been given to us by the Spanish writers concerning In-
dian chiefs, and the land tenure of the tribes is corrupted
by the use of language adapted to feudal institutions that
had no existence among them. In this lineage we are
warranted in recognizing an Aztec gens and in this lord
:

an Aztec sachem, whose office was hereditary in the

gens, in the sense elsewhere stated, and elective among
its members. If descent was in the male line, the choice
would fall upon one of the sons of the deceased sachem,
own or collateral, upon a grandson, through one of his
sons, or upon a brother, own or collateral. But if in the
female line it would fall upon a brother or nephew, own
or collateral, as elsewhere explained. The sachem had
no title whatever to the lands, and therefore none to
transmit to any one. He was thought to be the pro-
prietor because he held an office which was perpetually
maintained, and because there was a body of lands per-
petually belonging to a gens over which he was a sa-
chem. The misconception of this office and of its tenure
has been the fruitful source of unnumbered errors in our
aboriginal histories. The lineage of Herrera, and the
communities of Qavigero were evidently organizations,
and the same organization. They found in tihis body of
kindred, without knowing* the fact, the unit of their so-
cial system, a gens, as we must suppose.
208 ANCIENT SOCIETY

Indian chiefs are described as lords by Spanish writ-

ers, and invested with rights over lands and over per-
sons they never possessed. It is a misconception to style
an Indian chief a lord in the European sense, because
it implies a condition of
society that did not exist. A
lord holds a rank and a title by hereditary right, secured
to him by special legislation in derogation of the rights
of the people as a whole. To this rank and title, since
the overthrow of feudalism, no duties are attached which
may be claimed by the king or the kingdom as a matter
of right. On the contrary, an Indian chief holds an of-
fice, not by hereditary right, but by election from a con-
stituency, which retained the right to depose him for
cause. The office carried with it the obligation to per-
form certain duties for the benefit of the constituency.
He had no authority over the persons or property or
lands of the members of the gens. It is thus seen that
no analogy exists between a lord and his title, and an
Indian chief and his office. One belongs to political so-
ciety, and represents an aggression of the few upon the
many; while the other belongs to gentile society and is
founded upon the common interests of the members of
the gens. Unequal privileges find no place in the gens,
phratry or tribe.
Further traces of the existence of Aztec gentes will
appear. A prima facie case of the existence of gentes
among them is at least made out. There was also an
antecedent probability to this effect, from the presence
of the two upper members of the organic series, the tribe,
and the confederacy, and from the general prevalence of
the organization among other tribes. A very little close
investigation by the early Spanish writers would have
placed the question beyond a doubt, and, as a conse-
quence, have given a very different complexion to Aztec
history.
The usages regulating the inheritance of property
among the Aztecs have come down to us in a confused
and contradictory condition. They are not material in
this discussion, except as they reveal the existence of
bodies of consanguinei, and the inheritance by children
from their fathers. If the latter were the fact it would
 THE AZJEC CONFEDERACY 209

show that descent was in the male line, and also an ex-
traordinary advance in a knowledge of property. It is
not probable that children enjoyed an exclusive inherit-
ance, or that any Aztec owned a foot of land which he
could call his own, with power to sell and convey to
whomsoever he pleased.
II. The Existence and Functions of the Council of
Chiefs.
The existence of such a council among the Aztecs
might have been predicted from the necessary constitu-
tion of Indian society. Theoretically, it would have
been composed of that class of chiefs, distinguished as
sachems, who represented bodies of kindred through an
office perpetually maintained. Here again, as elsewhere,
a necessity is seen for gentes, whose principal chiefs
would* represent the people in their ultimate social sub-
divisions as among the Northern tribes. Aztec gentes
are fairly necessary to explain the existence of Aztec
chiefs. Of the presence of an Aztec council there is no
doubt whatever but of the number of its members and
;

of its functions we are left in almost total ignorance.

Brasseur de Bourbourg remarks generally that "nearly
all the towns or tribes are divided into four clans or
l
quarters whose chiefs constitute the great comjcil."
Whether he intended to limit the number to oiwchief
from each quarter is not clear but elsewhere he limits
;

the Aztec council to four chiefs. Diego Duran, who

wrote his work in 1579-1581, and thus preceded both
Acosta and Tezozomoc, remarks as follows "First we :

must know, that in Mexico after having elected a king

they elected four lords of the brothers or near relations
of thjs king to w hom they gave the titles of princes, and
T

from whom they had to choose the king. [To the offices
he gives the names of Tlacachcalcatl, Tlacatecal, Eztiau-
uacatl, and Fillancalqticl These four lords and
titles after being elected princes, they made them the

royal council, like the presidents and judges of the su-

preme council, without whose opinion nothing could be

i
"Popol Vuh," Intro, p. 117. note 2,
210 ANCIENT SOCIETY

done." l Acosta, after naming the same offices, and call-

ing the persons who held them "electors," remarks that
"all these four dignities were of the great council, with-
out whose advice the king might not do anything of im-
f
portance." And Herrera, after placing these offices in
four grades, proceeds: "These four sorts of noblemen
were of the supreme council, without whose advice the
king was to do nothing of moment, and no king could
be chosen but what was of one of these four orders." 8
The use of the term king to describe a principal war-
chief and of princes to describe Indian chiefs cannot
create a state or a political society where none existed;
but as misnomers they stilt up and disfigure our aborig-
inal history and for that reason ought to be discarded.
Wjhen the Huexotzincos sent delegates to Mexico pro-
posing an alliance against the Tlascalans, Montezuma
addressed them, according to Tezozomoc, as follows:
"Brothers and sons, you are welcome, rest yourselves
awhile, for although I am king indeed I alone cannot
satisfy you, but only together with all the chiefs of the
sacred Mexican senate." 4 The above accounts recog-
nize the existence of a supreme council, with authority
over the action of the principal war-chief, which is the
material point. It tends to show that the Aztecs guarded
an irresponsible despot, by subjecting
them^lves against
his araon to a council of chiefs, and by making him
elective and deposable. If the limited and incomplete
statements of these authors intended to restrict this coun-
cil to four members, which Duran seems to imply, the
limitation is improbable. As such the council would re-
present, not the Aztec tribe, but the small body of kins-
men from whom the military commander was to be
chosen. This is not the theory of a council of chiefs.
Each chief represents a constituency, and the chiefs to-
gether represent the tribe. A selection from their num-

i "History of the Indies of New Spain and Islands of the

Main Land," Mexico, 1867. Ed. by Jose F. Ramirez, p. 102. Pub-
lished from the original MS. Translated by Mr. Bandelier.
a "The Natural and Moral History of the Bast and West
Indies," Lend, ed., 1604. Grimstone's Trans., p. 485.
3 '^History of America," iii, 224.
4 "Cronica Mexicana," cap. xcvii. Bandolier's Trans.
 THE AZTEC CONFEDERACY ft!

ber is sometimes made to form a general council but it;

is through an organic provision which fixes the num-

ber, and provides for their perpetual maintenance. The
Tezcucan council is said to have consisted of fourteen
l
members, while the council at Tlascala was a numerous
body. Such a council among the Aztecs is required by
the structure and principles of Indian society, and there-
fore would be expected to exist. In this council may
be recognized the lost element in Aztec history. A
knowledge of its functions is essential to a comprehen-
sion of Aztec society.
In the current histories this council is treated as an
advisory board of Montezuma's, as a council of minist-
ers of his own creation thus Clavigero ; "In the history
:

of the conquest we shall find Montezuma in frequent

deliberation with his council on the pretensions of the
Spaniards. We do not know the number of each coun-
cil, nor do historians furnish us with the lights neces-
2
sary to illustrate such a subject." It was one of the
first questions requiring investigation, and the fact that
the early writers failed to ascertain its composition and
functions is proof conclusive of the superficial character
of their work. We know, however, that the council of
chiefs is an institution which came in with the gentes,
which represents electing constituencies, and which from
time immemorial had a vocation as well as original gov-
erning powers. We find a Tezcucan and Tlacopan coun-
cil, a Tlascalan, a Cholulan and a Michoacan council,
each composed of chiefs. The evidence establishes the
existence of an Aztec council of chiefs but so far as it
;

is limited to four members, all of the same lineage, it is

presented in an improbable form. Every tribe in Mexico

and Central America, beyond a reasonable doubt, had its
council of chiefs. It was the governing body of the tribe,
and a constant phenomenon in all parts of aboriginal
America. The council of chiefs is the oldest institution
of government of mankind. It can show an unbroken

i Ixtlllxochltl. "Hist. Chichlmeca," Klngrsborough, "Hex. An*

' 2
f' Mexico/* 11, 111
212 ANCIENT SOCIETY

succession on the several continents from the Upper

Status of savagery through the three sub-periods of bar-
barism to the commencement of civilization, when, hav-
ing been changed into a preconsidering council with the
rise of the assembly of the people, it gave birth to the
modern legislature in two bodies.
does not appear that there was a general council of
It
the Aztec confederacy, composed of the principal chiefs
of the three tribes, as distinguished from the separate
councils of each. A
complete elucidation of this subject
is required before it can be known whether the Aztec or-

ganization was simply a league, offensive and defensive,

and as such under the primary control of the Aztec tribe,
or a confederacy in which the parts were integrated in
a symmetrical whole. This problem must await future
solution.

III. The Tenure and Functions of the Office of Princ-

ipal War-chief.
The name of the office held by Montezuma, according
to the best accessible information, was simply Teuctli,
which signifies a war-chief. As a member of the coun-
cil of chiefs he was sometimes called Tlatoani, which

signifies speaker. This office of a general military com-

mander was the highest known to the Aztecs. Tt was the
same office and held by the same tenure as that of princi-
pal war-chief in the Iroquois confederacy. It made the

person, ex officio, a member of the council of chiefs, as

may be inferred from the fact that in some of the tribes
the principal war-chief had precedence in the council
1
both in debate and in pronouncing his opinion. None
of the Spanish writers apply this title to Montezuma or-
his successors.It was superseded by the inappropriate
of king. Ixtlilxochitl, who was of mixed Tezcucan
title
and Spanish descent, describes the head war-chiefs of

title of 'Teuctli was added In the manner of a sur-

1
i "The
name to the proper name of the person advanced to this dig-
nity, as *Chichimeca-Teuctli,' 'Pil-Teuctli,' and others. The
'Teuctli' took precedency of all others in the senate, both in
the order of sitting and voting, and were permitted to have a
1

servant behind them with a seat, which was esteemed a privi-

lege of the highest honor." Clavigero, ii, 137. This is a re-ap-
of the sub-sachem of the Iroquois behind his principal.
 THE A2TEC CONFEDERACY $18

Mexico, Tezcuco and Tlacopan, by the simple title of

war-chief, with another to indicate the tribe. After
speaking of the division of powers between the three
chiefs when the confederacy was formed, and of the as-
sembling of the chiefs of the three tribes on that occa-
sion, he proceeds "The king of Tezcuco was saluted by
:

the title of Aculhua Teuctli, also by that of Chichimecatl

Tcuctli which his ancestors had worn, and which was
the mark of the empire; Itzcoatzin, his uncle, received
the title of Culhua Tcuctli, because he reigned over the
Toltecs-Culhuas and Totoquihuatzin that of Tecpanuatl
;

Teuctli, which had been the title of Azcaputzalco. Since

that time their successors have received the same title." *
Itzcoatzin (Itzcoatl), here mentioned, was war-chief of
the Aztecs when the confederacy was formed. As the
title was that of war-chief, then held by many other per-

sons, the compliment consisted in connecting with it a

tribal designation. In Indian speech the office held by
Montezuma was equivalent to head war-chief, and in
English to general.
Clavigero recognizes this office in several Nahuatlac
tribes, but never applies it to the Aztec war-chief. "The
highest rank of nobility in Tlascala, in Huexotzinco and
in Cholula was that of Teuctli. To obtain this rank it
was necessary to be of noble birth, to have given proofs
in several battles of the utmost courage, to have arrived
at a certain age, and to command great riches for the
enormous expenses which were necessary to be sup-
2
ported by the possessor of such a dignity/' After
Montezuma had been magnified into an absolute potent-
ate, with civil as well as military functions, the nature
and powers of the office he held were left in the back-
ground in fact uninvestigated. As their general mili-
tary commander he possessed the means of winning the
popular favor, and of commanding the popular ^respect.
It was a dangerous but necessary office to the tribe and
to the confederacy. Throughout human experience, from
the Lower Status of barbarism to the present time, it has

i "Historla Chichimeca," ch. xxxii, Kingsborough: "ICex. A-

tiq.," ix, 219.
a "History of Mexico," 1. c., ii, 186.
*U ANCIENT

ever been a dangerous office. Constitutions and laws

furnish the present security of civilized nations, so far
as they have any. A
body of usages and customs grew
up, in all probability, among the advanced Indian tribes
and among the tribes of the valley of Mexico, regulating
the powers and prescribing the duties of this office.
There are general reasons warranting the supposition
that the Aztec council of chiefs was supreme, not only
in civil affairs, but over military affairs, the person and
direction of the war-chief included. The Aztec polity
under increased numbers and material advancement, had
undoubtedly grown complex, and for that reason a
knowledge of it would have been the more instructive.
Could the exact particulars of their governmental or-
ganization be ascertained they would be sufficiently re-
markable without embellishment.
The Spanish writers concur generally in the statement
that the office held by Montezuma was elective, with the
choice confined to a particular family. The office was
found to pass from brother to brother, or from uncle to
nephew. They were unable, however, to explain why it
did not in some cases pass from father to son. Since the
mode of succession was unusual to the Spaniards there
was less possibility of a mistake with regard to the prin-
cipal fact. Moreover, two successions occurred under
the immediate notice of the conquerors. Montezuma was
succeeded by Cuitlahua. In this case the office passed
from brother to brother, although we cannot know
whether they were own or collateral brothers without a
knowledge of their system of consanguinity. Upon the
death of the latter Guatemozin was elected to succeed
him. Here the office passed from uncle to nephew, but
we do not know whether he was an own or a collateral
nephew. (See Part Third, ch. iii.) In previous cases
the office had passed from brother to brother and also
from uncle to nephew. l An elective office implies a con-
stituency; but who were the constituents in this case?
To meet this question the four chiefs mentioned by Du-
ran (supra) are introduced as electors, to whom one

t Clavlffero, II, 126.

 THE A2TEC CONFEDERACY aid

elector from Tezcuco and one from Tlacopan are added,

making, six, who are then invested with power to choose
from a particular family the principal war-chief. This
isnot the theory of an elective Indian office, and it may
be dismissed as improbable. Sahagun indicates a much
larger constituency. "When the king or lord died," he
remarks, "all the senators called Tecutlatoques, and the
old men of the tribe called Achcacauhti, and also the cap-
tains and old warriors called Yautequioaques, and other
prominent captains in warlike matters, and also the
priests called Tlenamacaques, or Papasaques all these
assembled in the royal houses. Then they deliberated
upon and determined who had to be lord, and chose one
of the most noble of the lineage of the past lords, who
should be a valiant man, experienced in warlike matters,
daring and brave. . When they agreed upon one they
. .

at once named him as lord, but this election was not made
by ballot or votes, but all together conferring at last
agreed upon the man. The lord once elected they also
elected four others which were like senators, and had to
be always with the lord, and be informed of all the busi-
1

*
ness of the kingdom." This scheme of election by a
large assembly, while it shows the popular element in
the government which undoubtedly existed, is without
the method of Indian institutions. Before the tenure of
this office and the mode of election can be made intellig-
ible, it is necessary to find whether or not they were or-

ganized in gentes, whether descent was in the female line

or the male, and to know something of their system of
consanguinity. If they had the system found in many
other tribes of the Ganowanian family, which is probable,
a man would call his brother's son his son, and his sis-
ter's son his nephew; he would call his father's brother
his father, and his mother's brother his uncle; the chil-
dren of his father's brother his brothers and sisters, and
the children of his mother's brother his cousins, and so
on. If organized into gentes with descent in the female
line, a man would have brothers, uncles and nephews,
Collateral grandfathers and grandsons within his own

i "Hlstoria General/' ch. xviil.

816 ANCIENT

gens ; but
neither own father, own son, nor lineal grand-
son. His own sons and his brother's sons would belong
to other gentes. It cannot as yet be affirmed that the
Aztecs were organized in gentes but the succession to
:

the office of principal war-chief is of itself strong proof

of the fact, because it would explain this succession com-
pletely. Then with descent in the female line the office
would be hereditary in a particular gens, but elective
among its members. In that case the office would pass,
by election within the gens, from brother to brother, or
from uncle to nephew, precisely as it did among the
Aztecs, and never from father to son. Among the Iro-
quois at that same time the offices of sachem and of prin-
cipal war-chief were passing from brother to brother or
from uncle to nephew, as the choice might happen to fall,
and never to the son. Tt was the gens, with descent in
the female line, which gave this mode of succession, and
which could have been secured in no other conceivable
way. It is difficult to resist the conclusions, from these
facts alone, that the Aztecs were organized in gentes,
and that in respect to this office at least descent was still
in the female line.
It may therefore be suggested, as a probable explana-
by Montezuma was hereditary in
tion, that the office held
a gens (the eagle was the blazon or totem on the house
occupied by Montezuma), by the members of which the
choice was made from among their number; that their
nomination was then submitted separately to the four
lineages or divisions of the Aztecs (conjectured to be
phratries), for acceptance or rejection; and also to the
Tezcucans and Tlacopans, who were directly interested
in the selection of the general commander. When they
had severally considered and confirmed the nomination
each, division appointed a person to signify their concur-
rence; whence the six miscalled electors. It is not un-
likely that the four high chiefs of the Aztecs, mentioned
as electors by a number of authors, were in fact the war-
chiefs of the four divisions of the Aztecs, like the four
war-chiefs of the four lineages of the Tlascalans. The
function of these persons was not to elect, but to ascer-
tain by a conference with each other whether the choice
 THE AfcTEC CONFEDERACY &17

made by the gens had been concurred in, and if so to

announce the result. The foregoing is submitted as a
conjectural explanation, upon the fragments of evidence
remaining, of the mode of succession to the Aztec office
of principal war-chief. It is seen to harmonize with In-
dian usages, and with the theory of the office of an elec-
tive Indian chief.
The right lo depose from office follows as a necessary
consequence of the right to elect, where the term was
for life. Tt is thus turned into an office during good be-
havior. In these two principles of electing and deposing,
universally established in the social system of the Ameri-
can aborigines, sufficient evidence is furnished that the
sovereign power remained practically in the hands of the
people. This power to depose, though seldom exercised,
was vital in the gentile organization. Montezuma was
no exception to the rule. It required time to reach this
result from the peculiar circumstances of the case, for a
good reason was necessary. When Montezuma allowed
himself, through intimidation, to be conducted from his
place of residence to the quarters of Cortes where he was
placed under confinement, the Aztecs were paralyzed for
a time for the want of a military commander. The Span-
iards had possession both of the man and of his office. l
They waited some weeks, hoping the Spaniards would
retire; but when they found the latter intended to re-
main they met the necessity, as there are sufficient rea-
sons for believing, by deposing Montezuma for want of
resolution, and elected his brother to fill his place. Im-
mediately thereafter they assaulted the Spanish quarters

i In the West India Islands the Spaniards discovered that

when they captured the cacique of a tribe and held him a pris-
oner, the Indians became demoralized and refused to fight.
Taking advantage of this knowledge when they reached the
main-land they made it a point to entrap the principal chief,
by force or fraud, and hold him a prisoner until their object
was grained. Cortes simply acted upon this experience when he
captured Montezuma and held him a prisoner in his quarters;
and Pizaarro did the same when he seized Atahuallpa. Under
Indian customs the prisoner was put to death, and if a princi-
pal chief, the office reverted to the tribe and was at once filled.
But in these cases the prisoner remained alive, and in posses-
sion of his office, so that it could not be filled. The action of
the people was paralyzed by novel circumstances. Cortes put
the Aztecs in this position.
ftlft ANCIENT SOCIETY

with great fury, and finally succeeded in driving them

from their pueblo. This conclusion respecting the depo-
sition of Montezuma is fully warranted by Herrera's
statement of the facts. After the assault conmmenced,
Cortes, observing the Aztecs obeying a new commander,
at once suspected the truth of the matter, and "sent
Marina to ask Montezuma whether he thought they had
l
put the government into his hands," i. e., the hands of

the new commander. Montezuma is said to have replied

"that they would not presume to choose a king in Mexico
whilst he was living." a He then, went upon the roof of
the house and addressed his countrymen, saying among
other things, "that he had been informed they had chosen
another king because he was confined and loved the
Spaniards;" to which he received the following ungra-
<r
cious reply from an Aztec warrior Hold your peace,
:

you effeminate scoundrel, born to weave and spin these ;

8
dogs keep you a prisoner, you are a coward." Then
they discharged arrows upon him and stoned him, from
the effects of which and from deep humiliation he shortly
afterwards died. The war-chief in the command of the
Aztecs in this assault was Cuitlahua, the brother of Mon-
*
tezuma and his successor.
Respecting the functions of this office very little satis-
factory information can be derived from the Spanish
writers. There is no reason for supposing that Monte-
zuma possessed any power over the civil affairs of the Az-
tecs. Moreover, every presumption is against it. In
military affairs when in the field he had the powers of
a general ; but military movements were probably decided
upon by the council. It is an interesting fact to be no-
ticed that the functions of a priest were attached to the
office of principal war-chief, and, as it is claimed, those
of a judge. 6 The early appearance of these functions in
the natural growth of the military office will be referred
to again in connection with that of basileus. Although
the government was of two powers it is probable that
i :'Hiitory of Mexico/' ill, 66.
a Ib., lii. 67.
3 Clavigero. 11, 406.
4 Ib., 11, 404.
$ .mi-era, ill, 393.
 THE A2TEC CONFBDERACT |ig

the council was supreme, in case of a conflict of author-

ity, over civil and military affairs. It should be remem-
bered that the council of' chiefs was the oldest in time,
and possessed a solid basis of power in the needs of so-
ciety and in the representative character of the office of
chief.
The tenure of the office of principal war-chief and the
presence of a council with power to depose from office,
tend to show that the institutions of the Aztecs were es-
sentially democratical. The elective principle with respect
to war-chief, and which we must suppose existed with re-
spect to sachem and chief, and the presence of a council
of chiefs, determine the material fact. A
pure democ-
racy of the Athenian type was unknown in the Lower,
in the Middle, or even in the Upper Status of barbarism ;

but it is very important to know whether the institutions

of a people are essentially democratical, or essentially
monarchical, when we seek to understand them. Insti-
tutions of the former kind are separated nearly as widely
from those of the latter, as democracy is from monarchy.
Without ascertaining the unit of their social system, if
in gentes as they probably were, and without
organized
gaining a knowledge of the system that did exist, the
Spanish writers boldly invented for the Aztecs an abso-
lute monarchy with high feudal characteristics, and have
succeeded in placing it in history. This misconception
has stood, through American indolence, quite as long as
it deserves to stand. The Aztec organization presented
itself plainly to the Spaniards as a league or confederacy
of tribes. Nothing but the grossest perversion of obvious
facts could have enabled the Spanish writers to fabricate
the Aztec monarchy out of a democratic organization.
Theoretically, the Aztecs, Tezcucans and Tlacopans
should severally have had a head-sachem to represent
the tribe in civil affairs when the council of chiefs was
not in session, and to take the initiative in preparing its
work. There are traces of such an officer among the
Aztecs in the Ziahuacatl, who is sometimes called the
second chief, as the war-chief is called the first. But
the accessible information respecting this office is too lim-
ited to warrant a discussion of the subject
,g20 ANCIENT SOCIETY

It has been shown among the Iroquois that the war-

riors could appear before the council of chiefs and ex-
press their views upon public questions; and that the
women could do the same through orators of their own
selection. This popular participation in the government
led in time to the popular assembly, with power to adopt
or reject public measures submitted to them by the coun-
cil. Among the Village Indians there is no evidence, so
far as the author is aware, that there was an assembly of
the people to consider public questions with power to
act upon them. The four lineages probably met for spe-
cial objects, but this was very different from a general
assembly for public objects. From the democratic char-
acter of their institutions and their advanced condition
the Aztecs were drawing near the time when the assembly
of the people might be expected to appear.
The growth of the idea of government among the
American aborigines, as elsewhere remarked, commenced
with the gens and ended with the confederacy. Their
organizations were social and not political. Until the
idea of property had advanced very far beyond the point
they had attained, the substitution of political for gentile
society was impossible. There is not a fact to show that
any portion of the aborigines, at least in North America,
had reached any conception of the second great plan of
government founded upon territory and upon property.
The spirit of the government and the condition of the
people harmonize with the institutions under which they
live. When the military spirit predominates, as it did
among the Aztecs, a military democracy rises naturally
under gentile institutions. Such a government neither
supplants the free spirit of the gentes, nor weakens the
principles of democracy, but accords with them har-
moniously.
 CHAPTER VIII

THE GRECIAN GENS

Civilization may be said to have commenced among

the Asiatic Greeks with the composition of the Homeric
poems about 850 B. C. and among the European Greeks
;

about a century later with the composition of the Hesi-

odic poems. Anterior to these epochs, there was a
period of several thousand years during which the Hel-
lenic tribes were advancing through the Later Period of
barbarism, and preparing for* their entrance upon a civil-
ized career. Their most ancient traditions find them al-
ready established in the Grecian peninsula, upon the east-
ern border of the Mediterranean, and upon the inter-
mediate and adjacent islands. An older branch of the
same stock, of which the Pelasgians were the chief rep-
resentatives, had preceded them in the occupation of the
greater part of these areas, and were in time either Hel-
lenized by them, or forced into emigration. The anterior
condition of the Hellenic tribes and of their predecessors,
must be deduced from the arts and inventions which they
brought down from the previous period, from the state
of development of their language, from their traditions
and from their social institutions, which severally sur-
vived into the period of civilization. Our discussion will
be restricted, in the main, to the last class of facts.
Pelasgians and Hellenes alike were organized in gen-
l
tes,phratries and tribes ; and the latter united by coa-
lescence into nations. In some cases the organic series

i The phratries were not common to the Dorian tribes.

Mttller's"Dorians," Tufnel and Law's Trans., Oxford ed., 11, 82.
221
?22 ANCIENT SOCIETY

was not complete. Whether in tribes or nations their

government rested upon the gens as the unit of organi-
zation, and resulted in a gentile society or a people, as
distinguished from a political society or a state. The in-
strument of government was a council of chiefs, with the
co-operation of an agora or assembly of the people, and
of a basileus or military commander. The people were
free, and their institutions democratical. Under the in-
fluence of advancing ideas and wants the gens had passed
out of its archaic into its ultimate form. Modifications
had been forced upon it by the irresistible demands of an
improving society; but, notwithstanding the concessions
made, the failure of the gentes to meet these wants was
constantly becoming more apparent. The changes were
limited, in the main, to three particulars : firstly, descent
was changed to the male line; secondly, intermarriage
in the gens was permitted in the case of female orphans
and heiresses; and thirdly, children had gained an ex-
clusive inheritance of their father's property. An at-
tempt will elsewhere be made to trace these changes,
briefly,and the causes by which they were produced.
The Hellenes in general were in fragmentary tribes,
presenting the same characteristics in their form of gov-
ernment as the barbarous tribes in general, when organ-
ized in gentes and in the same stage of advancement.
Their condition was precisely such as might have been
predicted would exist under gentile institutions, and
therefore presents nothing remarkable.
When Grecian society came for the first time under
historical observation, about the first Olympiad (776 B.
C.) and down to the legislation of Cleisthenes (509 B.
C), it was engaged upon the solution of a great prob-
lem. It was no less than a fundamental change in the
plan of government, involving a great modification of in-
stitutions. The people were seeking to transfer them-
selves out of gentile society, in which they had lived
from time immemorial, into political society based upon
territoryand upon property, which had become essential
to a career of civilization. In fine, they were striving
to establish a state, the first in the experience of the
Aryan family, and to place it upon a territorial found*-
 THE GRECIAN GENS 288

tion, such as the state has occupied from that time to

the present. Ancient society rested upon an organiza-
tion of persons, and was governed through the relations
of persons to a gens and tribe; but the Grecian tribes
were outgrowing this old plan of government, and began
to feel the necessity of a political system. To accomplish
this result it was only necessary to invent a deme or
township, circumscribed with boundaries, to christen it
with a name, and organize the people therein as a body
politic. The township, with the fixed property it con-
tained, and with the people who inhabited it for the time
being, was to become the unit of organization in the new
plan of government. Thereafter the gentilis, changed
into a citizen, would be dealt with by the state through
his territorial relations, and not through his personal re-
lations to a gens. He would be enrolled in the deme of
his residence, which enrollment was the evidence of his
citizenship; would vote and be taxed in his deme; and
from it be called into the military service. Although ap-
parently a simple idea, it required centuries of time and
a complete revolution of pre-existing conceptions of gov-
ernment to accomplish the result. The gens, which had
so long been the unit of a social system, had proved in-
adequate, as before suggested, to meet the requirements
of an advancing society. But to set this organization
aside, together with the phratry and tribe, and substitute
a number of fixed areas, each with its community of citi-
zens, was, in the nature of the case, a measure of extreme
difficulty. The relations of the individual to his gens,
which were personal, had to be transferred to the town-
ship and become territorial the demarch of the township
;

taking, in some sense, the place of the chief of the gens.

A township with its fixed property would be permanent,
and the people therein sufficiently so while the gens was
;

a fluctuating aggregate of persons, more or less scat-

tered, and now growing incapable of permanent estab-
lishment in a local circumscription. Anterior to experi-
ence, a township, as the unit of a political system, was
abstruse enough to tax the Greeks and Romans to the
depths of their capacities before the conception was
formed and set in practical operation.
Property wa$ the
224 ANCIENT SOCIETY

new element that had been gradually remoulding Grecian

institutions to prepare the way for political society, of
which it was to be the mainspring as well ag the founda-
tion. It was no easy task to accomplish such a funda-
mental change, however simple and obvious it may now
seem because all the previous experience of the Grecian
;

tribes had been identified with the gentcs whose powers

were to be surrendered to the new political bodies.
Several centuries elapsed, after the first attempts were
made to found the new political system, before the prob-
lem was solved. After experience had demonstrated that
the gentes were incapable of forming the basis of a state,
several distinct schemes of legislation were tried in the
various Grecian communities, who copied more or less
each other's experiments, all tending to the same result.
Among the Athenians from whose experience the chief
illustrations will be drawn, may be mentioned the legisla-
tion of Theseus, on the authority of tradition that of ;

Draco (624 B. C.) that of Solon (594 B. C.) and that

; ;

of Cleisthenes (509 B. C.), the last three of which were

within the historical period. The development of munic-
ipal life and institutions, the aggregation of wealth in
walled cities, and the great changes in the mode of life
thereby produced, prepared the way for the overthrow
of gentile society, and for the establishment of political
society in its place.
Before attempting to trace the transition from gentile
into political society, with which the closing history of
the gentes is identified, the Grecian gens and its attri-
butes will be first considered.
Athenian institutions are typical of Grecian institu-
tions in general, in whatever relates to the constitution
of the gens and tribe, down to the end of ancient society
among them. At the commencement of the historical
period, the lonians of Attica were subdivided, as is well
known, into four tribes (Geleontes, Hopletes, Aegicores,
and Argades), speaking the same dialect, and occupying
a common territory. They had coalesced into a nation
as distinguished from a confederacy of tribes; but such a
 THE GRECIAN GENS 25

*
confederacy had probably existed in anterior times.
Each Attic tribe was composed of three phratries, and
each phratry of thirty gentes, making an aggregate of
twelve phratries, and of three hundred and sixty gentes
in the four tribes. Such is the general form of the state-
ment, the fact being constant with respect to the number
of tribes, and the number of phratries in each, but liable
to variation in the number of gentes in each phratry. In
like manner the Dorians were generally found in three
tribes (Hylleis, Pamphyli, and Dymanes), although
forming a number of nationalities as at Sparta, Argos,
;

Sicyon, Corinth, Epidaurus and Troczcn; and beyond

the Peloponnesus at Megara, and elsewhere. One or
more non-Dorian tribes were found in some cases united
with them, as at Corinth^ Sicyon and Argos.
In all cases the Grecian tribe presupposes the gentes,
the bond of kin and of dialect forming the basis upon
which they united in a tribe; but the tribe did not pre-
suppose the phratry, which, as an intermediate organiza-
tion, although very common among all these tribes, was
liable to be intermitted. At Sparta, there were subdivi-
sions of the tribes called obes, each tribe contain-
ing ten, which were analogous to phratries but concern-
;

ing the functions of these organizations some uncertainty

2
prevails.
The Athenian gentes will now be considered as they
appeared in their ultimate form and in full vitality but ;

with the elements of an incipient civilization arrayed

against them, before which they were yielding step by
step, and by which they were to be overthrown with the
social system they created. In some respects it is the

i Hermann mentions the confederacies of JEglna., Athena,

Prasia, Nauplia, etc. "Political Antiquities of Greece/' Oxford
Trans., ch. i, s. 11.
"In the ancient "Rhetra" of Lycurgus, the tribes and obes
are directed to be maintained unaltered: but the statement of
O. Mttller and Boeckh that there were thirty obfcs In all, ten
to each tribe, rests upon no higher evidence than a peculiar
punctuation in this "Rhetra," which various other critics reject;
and seemingly with good reason. We are thus left without any
Information respecting: tHe obe, though we know that it was
an old Tpeculiar and lasting division among the Spartan people."
Grote "History of Greece/' Murray's ed., ii, 362. But see
Mailer's "Dorians," 1. c., 11, 80.
226 ANCIENT SOCIETY

most interesting portion of the history of this remarkable

organization, which had brought human society out of
savagery, and carried it through barbarism into the early
stages of civilization.
The social system of the Athenians exhibits the fol-
lowing series first, the gens (genos) founded upon kin ;
:

second, the phratry (phratra and phratria), a brother-

hood of gentes derived by segmentation, probably, from
an original gens; third, the tribe (phylon, later phyle),
Composed of several phratries, the members of which
spoke the same dialect; and fourth, a people or nation,
composed of several tribes united by coalescence into one
gentile society, and occupying the same territory. These
integral and ascending organizations exhausted their so-
cial system under the gentes, excepting the confederacy
of tribes occupying independent territories, which, al-
though it occurred in some instances in the early period
and sprang naturally out of gentile institutions, led to
no important results. It is likely that the four Athenian
tribes confederated before they coalesced, the last occur-
ring after they had collected in one territory under pres-
sure from other tribes. If true of them, it would be
equally true of the Dorian and other tribes. When such
tribes coalesced into a nation, there was no term in the
language to express the result, beyond a national name.
The Romans, under very similar institutions, styled
themselves the Populus Romanus, which expressed the
fact exactly. They were then simply a people, and
noth|
ing more which was all that could result from an aggref
;

gation of gentes, curiae and tribes. The four Athenian

tribes formed a society or people, which became com*
pletely autonomous in "the legendary period under the
name of the Athenians. Throughout the early Grecian
communities, the gens, phratry and tribe were constant
phenomena of their social systems, with the occasional
absence of the phratry.
Mr. Grote has collected the principal facts with respect
to the Grecian gentes with such critical ability that they
cannot be presented in a more authoritative manner than
in his own language, which will be quoted where he treats
the subject generally. After commenting upon the tribal
 THE GRECIAN GENS JN7

divisions of the Greeks, he proceeds as follows : "But the

Phratries and Gentes are a distribution completely differ-
ent from this. They seem aggregations of small primi-
tive unities into larger ; they are independent of, and do
not presuppose, the tribe ; they arise separately and spon-
taneously, without preconcerted uniformity, and without
reference to a common political purpose; the legislator
finds them pre-existing, and adapts or modifies them to
answer some national scheme. Wemust distinguish the
general fact of the classification, and the successive sub-
ordination in the scale, of the families to the gens, of
the gentes to the phratry, and of the phratries to the
tribe from the precise numerical symmetry with which
this subordination is invested, as we read it, thirty
families to a gens, thirty gentes to a phratry, three phrat-
ries to each tribe. If such nice equality of numbers could
ever have been procured, by legislative constraint, oper-
ating upon pre-existent natural elements, the proportions
could not have been permanently maintained. But we
may reasonably doubt whether it did ever so exist
That every phratry contained an equal number of gentes,
and every gens an equal number of families, is a suppo-
sition hardly admissible without better evidence than we
possess. But apart from this questionable precision of
numerical scale, the Phratries and Gentes themselves
were real, ancient, and durable associations among the
Athenian people, highly important to be understood. The
basis of the whole was the house, hearth, or family, a
*

number of which, greater or less, composed the Gens or

Genos. This gens was therefore a clan, sept, or enlarged,
and partly brotherhood, bound together by,
factitious,
i. Common religious ceremonies, and exclusive privilege
of priesthood, in honor of the same god, supposed to be
the primitive ancestor, and characterized by a soecial sur-
2. By a common burial place.
J
name. 3. By mutual
rights of succession to property. 4. By reciprocal obli-
gations of help, defense, and redress of injuries. 5. By
mutual right and obligation to intermarry in certain de-
terminate cases, especially where there was an orphan

i -Demoithenu, "Bubulidti," 1307.

2g ANCIENT SOCIETY

6. By possession, in some cases, at

daughter or heiress.
least, of common
property, an archon and treasurer of
their own. Such were the rights and obligations char-
acterizing the gentile union. The phratric union, bind-
ing together several gentes, was less intimate, but still
included some mutual rights and obligations of an anal-
ogous character; especially a communion of particular
sacred rites, and mutual privileges of prosecution in the
event of a phrator being slain. Each phratry was con-
sidered as belonging to one of the four tribes, and all the
phratries of the same tribe enjoyed a certain periodical
communion of sacred rites under the presidency of a mag-
istrate called the Phylo-Basileus or tribe-king selected
from the Eupatrids." 1
The similarities between the Grecian and the Iroquois
gens will at once be recognized. -Differences in char-
acteristics will also be perceived, growing out of the
more advanced condition of Grecian society, and a fuller
development of their religious system. It will not be
necessary to verify the existence of the several attributes
of the gens named by Mr. Grote, as the proof is plain
in the classical authorities. There were other character-
istics which doubtless pertained to the Grecian gens, al-

though it may be difficult to establish the existence of all

of them such as ; 7. The limitation of descent to the
:

male line 8. The prohibition of intermarriage in th'

;

gens excepting in the case of heiresses; 9. The right of

adopting strangers into the gens; and 10. The right of
electing and deposing its chiefs.
The rights, privileges and obligations of the members
of the Grecian gens may be recapitulated, with the addi-
tions named, as follows:
I. Common religious rites.
II. A common burial place.
III. Mutual rights of succession to property of de-
ceased members.
IV. Reciprocal obligations of help, defense and re-
dress of injuries.

i "History of Greece," Hi, 53, et seq.

 THE GRECIAN GENS fc|ft

V. The right to intermarry in the gens in the cases

of orphan daughters and heiresses.
VI. The possession of common property, an cvrchon,
and a treasurer.
VII. The limitation of descent to the male line.
VIII. The obligation not to marry in the gens except
in specified cases.
IX. The right to adopt strangers into the gens.
X. The right to elect and depose its chiefs.
A brief reference to the added characteristics should
be made.
The limitation of descent to the male line. There
7.
is no doubt that such was the rule, because it is proved
by their genealogies. I have not been able to find in any
Greek author a definition of a gens or of a gentilis that
would furnish a sufficient test of the right of a given
person to the gentile connection. Cicero, Varro and
Festus have defined the Roman gens and gentilis, which
were strictly analogous to the Grecian, with sufficient
fullness to show that descent was in the male line.
From the nature of the gens, descent was either in the
female line or the male, and included but a moiety of the
descendants of the founder. It is precisely like the fam-
ily among ourselves. Those who are descended from
the males bear the family name, and they constitute a
gens in the full sense of the term, but in a state of disper-
sion, and without any bond of union excepting those
nearest in degree. The females lose, with their mar-
riage, the family name, and with their children are trans-
ferred to another family. Grote remarks that Aristotle
was the "son of the physician Nikomachus who belonged
1
to the gens of the Asklepiads." Whether Aristotle was
of the gens of his father depends upon the further ques-
tion whether they both derived their descent from Aescu-
lapius, through males exclusively.
is shown by This
Laertius, who states was the son of
that "Aristotle
Nikomachus and Nikomachus was descended
from Nikomachus the son of Machaon, the son of Aescu-
Although the higher members of the series
3
lapius."
f "History of Greece," ill, GO.
a Diogenes, Laertius, "Vit, Aristotle/' v, I,
IK ANCIENT SOCIBTT

may be fabulous, the manner of tracing the descent

would Show the gens of the person. The statement of
Hermann, on the authority of Isacus, is also to the point.
"Every infant was registered in the phratria and clan of
its father." 1 Registration in the gens of the father im-
plies that his children were of his gens.
8. The obligation not to marry in the gens excepting
in specified cases. This obligation may be deduced from
the consequences of marriage. The wife by her mar-
riage lost the religious rites of her gens, and acquired
those of her husband's gens. The rule is stated as so
general as to imply that marriage was usually out of the
gens. "The virgin who her father's house,"
quits
Wachsmuth remarks, "is no longer a sharer of the pater-
nal sacrificial hearth, but enters the religious communion
of her husband, and this gave sanctity to the marriage
81
tie.' The fact of her registration is stated by Hermann
as follows "Every newly married woman, herself a cit-
:

izen, was on this account enrolled in the phratry of her

8
husband." Special religious rites (sacra gentilicia) were
common Grecian and Latin gens. Whether the
in the
wife forfeited her agnatic rights by her marriage, as
among the Romans, I am unable to state. It is not prob-
able that marriage severed all connection with her gens,
and the wife doubtless still counted herself of the gens
of her father.
The
prohibition of intermarriage in the gens was fun-
damental in the archaic period; and it undoubtedly re-
mained after descent was changed to the male line, with
the exception of heiresses and female orphans for whose
case special provision was made. Although a tendency
to free marriage, beyond certain degrees of consanguin-
ity, would follow the complete establishment of the
monogamian family, the rule requiring persons to marry
out of their own gens would be apt to remain so long as
the gens was the basis of the social system. The special
provision in respect to heiresses tends to confirm this
i "Political Antiquities of the Greek*," c. v, 100; and vld-
.

"Ettbulldei" of Demosthenes, 24.

a "Historical Antiquities of the Greeks," Woolrych's Trans*
Oxford ed., 1837, i. 451.
* "Political Antiquities, L c.," cap. v, n.
 TB GRECIAN GEK8 g$l

supposition. Becker remarks upon this question, that

"relationship was, with trifling limitations, no hindrance
to marriage, which could take place within all degrees of
anchisteia, or sungeneia, though naturally not in the
1
gens itself."

9. The right to adopt strangers into the gens. This

right was practiced at a later day, at least in families;
but it was done with public formalities, and was doubt-
2
less limited to special cases. Purity of lineage became a
matter of high concern in the Attic gentes, interposing
no doubt serious obstacles to the use of the right except
for weighty reasons.
10. The right to elect and depose its chiefs. This
right undoubtedly existed in the Grecian gentes in the
early period. Presumptively it was possessed by them
while in the upper Status of barbarism. Each gens had
its archon, which was the common name for a chief.
Whether the office was elective, for example, in the
Homeric period, or was transmitted by hereditary right
to the eldest son, is a question. The latter was not the
ancient theory of the office; and a change so great and
radical, affecting the independence and personal rights
of all the members of the gens, requires positive proof
'

to override? the presumption against it. Hereditary right

to an office, carrying with it authority over, and obliga-
tions from, the members of a gens is a very different
thing from an office bestowed by a free election, with the
reserved power to depose for unworthy behavior. The
free spirit of the Athenian gentes down to the time of
Solon and Cleisthenes forbids the supposition, as to them,
that they had parted with a right so vital to the inde-
pendence of the members of the gens. I have not been
able to findany satisfactory explanation of the tenure of
this office.Hereditary succession, if it existed, would
indicate a remarkable development of the aristocratical
element in ancient society, in derogation of the democrat-
ical constitution of the gentes. Moreover, it would be a
j "Charlcles," Metcalfe's Trans.. L,ond. ed., 1866, p. 477; cltlnr
*I0aeufl de Clr. her." 217: "Demosthenes adv. Bbul.." 1304:
-Plutarch, Themist.," 32: "Paueaniaa," i, 7, 1: "Achlll. Tat./' 1. .

a Hermann, "1. c.," v, s. 100 and 101.

 3*

sign of the commencement, at least, of their decadence.

All the members of a gens were free and equal, the rich
and the poor enjoying equal rights and privileges, and
acknowledging the same in each other. We find liberty,
equality and fraternity, written as plainly in the constitu-
tion of the Athenian gentes as in those of the Iroquois.
Hereditary right to the principal office of the gens is
totally inconsistent with the older doctrine of equal rights
and privileges.
Whether the higher offices of anax, koiranos, and
basileus were transmitted by hereditary right from father
to son, or were elective or confirmative by a larger con-
stituency, is also a question. It will be considered else-
where. The former would indicate the subversion, as
the latter the conservation, of gentile institutions. With-
out decisive evidence to the contrary every presumption
is adverse to hereditary right. Some additional light will
be gained on this subject when the Roman gentes are
considered. A careful re-investigation of the tenure of
this office would, not unlikely, modify essentially the re-
ceived accounts.
It may be considered substantially assured that the
Grecian gentes possessed the ten principal attributes
named. All save three, namely, descent in the male line,
marrying into the gens in the case of heiresses, and the
possible transmission of the highest military office by
hereditary right, are found with slight variations in the
gentes of the Iroquois. It is thus rendered apparent that
in the gentes, both the Grecian and the Iroquois tribes
possessed the same original institution, the one having
the gens in its later, and the other in its archaic form.
Recurring now to the quotation from Mr. Grote, it
may be remarked that had he been familiar with the
archaic form of the gens, and with the several forms of
the family anterior to the monogamian, he would prob-
ably have modified essentially some portion of his state-
ment. An exception must be taken to his position that
the basis of the social system of the Greeks "was the
house, hearth, or family." The form of the family in
the mind of the distinguished historian was evidently the
Roman, under the iron-clad rule of a pater familias, to
 THE GRECIAN GENS ftgg

which the Grecian family of the Homeric period approx-

imated in the complete domination of the father over the
household. It would have been equally untenable had
other and anterior forms of the family been intended.
The gens, in its origin, is older than the monogamian
family, older than the syndyasmian, and substantially
contemporaneous with the punaluan. In no sense was it
founded upon either. It does not recognize the existence
of the family of any form as a constituent of itself. On
1

the contrary, every family in the archaic as well as in

the later period, was partly within and partly without the
gens, because husband and w ife must belong to different
r

gentes. The explanation is both simple and complete;

namely, that the family springs up independently of the
gens with entire freedom to advance from a lower into a
higher form, while the gens is constant, as well as the
unit of the social system. The gens entered entire into
the phratry, the phratry entered entire into the tribe, and
the tribe entered entire into the nation; but the family
could not enter entire into the gens because husband and
wife must belong to different gentes.
The question here raised is important, since not only
Mr. Grote, but also Niebuhr, Thirlwall, Maine, Momm-
sen, and many other able and acute investigators have
taken the same position with respect to the monogamian
family of the patriarchal type as the integer around
which society integrated in the Grecian and Roman sys-
tems. Nothing whatever was based upon the family in
any of its forms, because it was incapable of entering a
gens as a whole. The gens was homogeneous and to a
great extent permanent in duration, and as such, the nat-
ural basis of a social system. A family of the monog-
amian type might have become individualized and power-
ful in a gens, and in society at large but the gens never-
;

theless did not and could not recognize or depend upon

the family as an integer of itself. The same remarks
are equally true with respect to the modern family and
political society. Although individualized by property
rights and privileges, and recognized as a legal entity by
statutory enactment, the family is not the unit of the
political system. The state recognizes the counties of
&84 ANCIENT SOCIETY

which it is composed, the county its townships, but the

township takes no note of the family so the nation rec-
;

ognized its tribes, the tribe its phratries, and the phra-
try its gentes; but the gens took no note of the family.
In dealing with the structure of society, organic relations
alone are to be considered. The township stands in the
same relation to political society that the gens did to gen-
tile society. Each is the unit of a system.
There are a number of valuable observations by Mr.
Grote, upon the Grecian gentes, which I desire to incor-
porate as an exposition of them although these observa-
;

tions seem to imply that they are no older' than the then
existing mythology, or hierarchy of the gods from the
members of which some of the gentes claimed to have
derived their eponymous ancestor. In the light of the
facts presented, the gentes are seen to have existed long
before this mythology was developed before Jupiter or
Neptune, Mars or Venus were conceived in the human
mind.
Mr. Grote proceeds "Thus stood the primitive relig-
:

ious and social union of the population of Attica in its

gradually ascending scale as distinguished from the
political union, probably of later introduction, repre-
sented at first by the trittyes and naukraries, and in after
times by the ten Kleisthenean tribes, subdivided into
trittyesand demes. The religious and family bond of
aggregation is the earlier of the two; but the political
bond, though beginning later, will be found to acauire
constantly increasing influence throughout the greater
part of this history. In the former, personal relation is
the essential and predominant characteristic local rela-
tion being subordinate; in the latter, property and resi-
dence become the chief considerations, and the personal
element counts only as measured along with these accom-
paniments. All these phratric and gentile associations,
the larger, as well as the smaller, were founded upon the
same principles and tendencies of the Grecian mind a
coalescence of the idea of worship with that of ancestry,
or of communion In certain special religious rites with
communion of blood, real or supposed. The god or hero,
to whom the assembled members offered their sacrifices,
 GfcBCIAN GEtfS ftSft

was conceived as the primitive ancestor to whom they

owed their origin; often through a long list of interme-
diate names, as in the case of the Milesian Hekataeus, so
often before referred to. Each family had its own sacred
rites and funeral commemorations of ancestors , cele-
brated by the master of the house, to which none but
members of the family were admissible. . The larger . .

associations, called gens, phratry, tribe, were formed by

an extension of the same principle of the family con-
sidered as a religious brotherhood, worshiping some com-
mon god or hero with an appropriate surname, and rec-
ognizing him as their joint ancestor and the festival of;

Theoenia, and Apaturia (the first Attic, the second com-

mon to all the Ionian race) annually brought together
the members of these phratries and gentes for worship,
festivity, and maintenance of special sympathies; thus
strengthening the larger ties without effacing the smaller.
. . But the historian must accept as an ultimate fact
.

the earliest state of things which his witnesses make

known to him, and in the case now before us, the gentile
and phratric unions are matters into the beginning of
which we cannot pretend to penetrate." 1
"The gentes both at Athens, and in other parts of
Greece, bore a patronymic name, the stamp of their be-
lieved common paternity. 2 . But at Athens, at least
. .

after the revolution of Kleisthenes. the gentile name was

not employed a man was described by his own single
:

name, followed first by the name of his father, and next

by that of the deme to which he belonged, as Aeschines
son of Atromctus, a Kothokid. The gens constituted
. . .

a close incorporation, both as to property and as to per-

sons. Until the time of Solon, no man had any power
i "History of Greece," iii, 55.
a "We find the Asklepiadae In many parts of Greece the
Aleuadce in Thessaly the Midylidae, Psalychidae. Belpsiadee,
Buxenldae, at Aoplna the Branohldtp at Miletus the Nebridse
at KOs the I am Idee and Klytiade at Olympia the Akestorida*
at Argrps the Kinyradap at Cyprus the Penthilldae at Mitylene
the Talthybiadep at Sparta not less than the Kodridee, Eu-
molpfdee, Phytalidse, Lykomedae, Butadee, Euneldee, Hen y chide.
Bryliadee, etc., in Attica. To each of these corresponded a
mythical ancestor more or less known, and passing for the first
father as well as the eponymous hero of the pens Kodrus.
Bumolpus. Butes, Phytalus, Hesychus, etc." Qrote's "Hist, or
Greece," tit, ft.
 86 ANCIENT -SOCtETir

of testamentary disposition. If he died without children",

his ^ennetes succeeded to his property, and so they con-
tinued to do even after Solon, if he died intestate. An
orphan girl might be claimed in marriage of right by any
member of the gens^ the nearest agnates being preferred ;

if she was poor, and he did not choose to marry her him-
self, the law of Solon compelled him to provide her with
a dowry proportional to his enrolled scale of property,
and to give her out in marriage to another. ... If a man
was murdered, first his near relations, next his gennetes
and phrators, were both allowed and required to prose-
cute the crime at law while his fellow demots, or inhab-
;

itants of the same deme, did not possess the like right of
prosecuting. All that we hear of the most ancient
Athenian laws is based upon the gentile and phratric divi-
sions, which are treated throughout as extensions of the
family. It is to be observed tfiat this division is com-

pletely independent of any property qualification rich

men as well as poor being comprehended in the same
gens. Moreover, the different gentes were very unequal
in dignity, arising chiefly from the religious ceremonies
of which each possessed the hereditary and exclusive
administration, and which, being in some cases consid-
ered of pre-eminent sanctity in reference to the whole
city, were therefore nationalized. Thus the Kumolpidae
and Kerykes, who supplied the hierophant and superin-
tendent of the mysteries of the Kleusinian Demeter and
the Butadae, who furnished the priestess of Athene Polias,
as well as the priest of Poseidon Erechtheus in the Acrop-
olis seem to have been reverenced above all the other
l
gentes."
Mr. Grote speaks of the gens as an extension of the
family, and as presupposing its existence treating the
;

family as primary and the gens as secondary. This view,

for the reasons stated, is untenable. The two organiza-
tions proceed upon different principles and are independ-
ent of each other. The gens embraces a part only of the
descendants of a supposed common ancestor, and ex-
cludes the remainder; it also embraces a part only of a

I "History of Greece," ill. 62, et seq.

 THE GRECIAN GENS 887

family, and excludes the remainder. In order to be a

constituent of the gens, the family should enter entire
within its folds, which was impossible in the archaic
'

period, and constructive only in the later. In the organ-

ization of gentile society the gens is primary, forming
both the basis and the unit of the system. The family
also is primary, and older than the gens; the punaluan
and the consanguine families having preceded it in the
order of time but it was not a member of the organic
;

series in ancient society any more than it is in modern.

The gens 'existed in the Aryan family when the Latin,
Grecian and Sanskrit speaking tribes were one people, as
is shown by the presence in their dialects of the same

term (gens, gcnos, and ganas) to express the organiza-

tion. They derived it from their barbarous ancestors,
and more remotely from their .savage progenitors. If
Aryan family became differentiated as early as tlu
4
the
Middle period of barbarism, which seems probable, the
gens must have been transmitted to them in its archaic
form. After that event, and during the long periods of
time which elapsed between the separation of these tribes
from each other and the commencement of civilization,
those changes in the constitution of the gens, which have
been noticed hypothetically, must have occurred. It is
impossible to conceive of the gens as appearing, for the
first time, in any other than its archaic form ;conse-
quently the Grecian gens must have been originally in
this form. If, then, causes can be found adequate to
account for so great a change of descent as that from
the female line to the male, the argument will be com-
plete, although in the end it substituted a new body of
kindred in the gens in place of the old. The growth of
the idea of property, and the rise of monogamy, furnished
motives sufficiently powerful to demand and obtain this
change in order to bring children into the gens of their
father, and into a participation in the inheritance of his
estate. Monogamy assured the paternity of children,
which was unknown when the gens was instituted, and
the exclusion of children from the inheritance was no
longer possible. In .the face of the new circumstances,
the gens would be forced into reconstruction or dissolu-
SH ANCIENT SOCIETY

tion. When the gens of the Iroquois, as it appeared in

the Lower Status of barbarism, is placed beside the gens
of the Grecian tribes as it appeared in the Upper Status,
it is impossible not to perceive that they are the same

organization, the one in its archaic and the other in its

ultimate form. The differences between them are pre-
cisely those which would have been forced upon the gens
by the exigencies of human progress.
Along with these mutations in the constitution of the
gens are found the parallel mutations in the rule of inher-
itance. Property, always hereditary in the gens, was first
hereditary among the gentiles; secondly, hereditary
among the agnates, to the exclusion of the remaining
gentiles; and now, thirdly, hereditary among the agnates
in succession, in the order of their nearness to the dece-
dent, which gave an exclusive inheritance to the children
as the nearest agnates. The pertinacity with which the
principle was maintained down to the time of Solon, that
the property should remain in the gens of the deceased
owner, illustrates the vitality of the organization through
all these periods. It was this rule which compelled the
heiress to marry in her own gens to prevent a transfer
of the property by her marriage to another gens. When
Solon allowed the owner of property to dispose of it by
will, in case he had no children, he made the first inroad
upon the property rights of the gens.
How nearly the members of a gens were related, or
whether they were related at all, has been made a ques-
tion. Mr. Grote remarked that "Pollux informs us dis-
tinctly that the members of the same gens at Athens were
not commonly related by blood, and even without any
express testimony we might have concluded such to be
the fact. To what extent the gens, at the unknown epoch
of its formation was based upon actual relationship, we
have no means of determining, either with regard to the
Athenian or the Roman gentes, whi.ch were in the main
points analogous. Gentilism is a tie by itself; distinct
from the family ties, but presupposing
their existence
and extending them by an artificial analogy, partly
founded in religious belief, and partly on positive com-
pact, so as to comprehend strangers in blood. All the
 THE GRECIAN GENS 290

members of one gens, or even of one phratry, believed

themselves to be sprung, not indeed from the same grand-
father or great-grandfather, but from the same divine or
heroic ancestor. . And this fundamental belief, into
. .

which the Greek mind passed with so much facility, was

adopted and converted by positive compact into the gen-
tile and phratric principle of union. Doubtless Nie- . . .

buhr, in his valuable discussion of the ancient Roman

gentes, is right in supposing that they were not real fam-
ilies, procreated from any common historical ancestor.
Still it is not the less true (although he seems to sup-
pose otherwise) that the idea of the gens involved the
belief in a common first father, divine or heroic a gene-
alogy which we may properly call fabulous, but which
was consecrated ancl accredited among the members of
the gens itself; and served as one important bond of
union between them. The natural families of course
. . .

changed from generation to generation, some extending

themselves, while others diminished or died out; but the
gens received no alterations, except through the procrea-
tion, extinction, or subdivision of these component fam-
ilies. Accordingly the relations of the families with the
gens were in perpetual course of fluctuation, and the gen-
tile ancestorial genealogy, adapted as it doubtless was^to
the early condition of the gens, became in process of time
partially obsolete and unsuitable. We hear of this gene-
alogy but rarely, because it is only brought before the
public in certain cases pre-eminent and venerable. But
the humbler gentes had their common rites, and common
superhuman ancestor and genealogy, as well as the more
celebrated : the scheme and ideal basis was the same in
l
all."
The several statements of Pollux, Niebuhr and Grote
are true in a certain sense, but not absolutely so. The
lineage of a gens ran back of the acknowledged ancestor,
and therefore the gens of ancient date could not have had
a known progenitor; neither could the fact of a blood
connection be proved by their system of consanguinity?
nevertheless the gentiles not only believed in their com-

*
i "Hist, of Greece/' lii, 58, et <*
*
240 ANCIENT SOCIETY

mon descent, bat were justified in so believing. The sys-

tem of consanguinity which pertained to the gens in its
archaic form, and which the Greeks probably once pos-
sessed, preserved a knowledge of the relationships of
all the members of a gens to each other. This fell into
desuetude with the rise of the monogamian family, as I
shall endeavor elsewhere to show. The gentile name
created a pedigree beside which that of a family was in-
significant. It was the function of this name to preserve
the fact of the common descent of those who bore it;
but the lineage of the gens was so ancient that its mem-
bers could not prove the actual relationship existing be-
tween them, except in a limited number of cases through
recent common ancestors. The name itself was the evi-
dence of a common descent, and conclusive, except as it
was liable to interruption through the adoption of stran-
gers in blood in the previous history of the gens. The
practical denial of all relationship between its members
made by Pollux and Nicbnhr, which would change the
gens into a purely fictitious association, has no ground to
rest upon. A large proportion of the number could prove
their relationship through descent from common ances-
tors within the gens, and as to the remainder the gentile
name they bore was sufficient evidence of common descent
for practical purposes. The Grecian gens was not usu-
ally a large body of persons. Thirty families to a gens,
not counting the wives of the heads of families, would
give, by the common rule of computation, an average of
one hundred and twenty persons to the gens.
As the unit of the organic social system, the gens
would naturally become the centre of social life and activ-
ity. It was organized as a social body, with its archon
or chief, and treasurer; having common lands to some
extent, a common burial place, and common religious
rites. Beside these were the rights, privileges and obli-
gations which the gens conferred and imposed upon all
its members. It was in the gens that the religious activ-
ity of the Greeks originated, which expanded over the
phratries, and culminated in periodical festivals common
to all the tribes. This subject has been admirably treated
 THE GRECIAN GENS 241

by M. De Coulanges in his recent work on "The Ancient

City.
In order to understand the condition of Grecian soci-
ety, anterior to theformation of the state, it is necessary
to know the constitution and principles of the Grecian
gens for the character of the unit determines the char-
;

acter of its compounds in the ascending series, and can

alone furnish the means for their explanation.
 CHAPTER IX

THE GRECIAN PHRATRY, TRIBE AND NATION

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 foun-
dation 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 Hekateus," Mr.
Grote remarks, "had a common god for their ancestor
l
at the sixteenth degree/' which could not have been
asserted unless the several gentes comprised in the phra-
try of Hekataeus, were supposed to be derived by seg-
mentation from an original gens. This genealogy, al-
though in part fabulous, would be traced according to

gentile usages. Dikaearchus supposed that the practice

of certain gentes in supplying each other with wives, led
to the phratric organization for the performance of com-
mon religious rites. This is a plausible explanation, be-
cause 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 sub-
divisions, 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 associa-
tion itself was a brotherhood as the term imports.

i "History of Greece," Hi, 58.

Mft
 GRECIAN PHRATRY, TRIBE AND NATION 248

Stephanas of Byzantium has preserved a fragment of

Dikaearchus, 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
in the place of gens, as Pindar did in a number of in-
stances, and Homer occasionally. The passage may he
rendered "Patry is one of three forms of social union
:

among the Greeks, according to Dikrearchus, which we

1

call respectively, patry, phratry, and tribe. The patry

vomes into being when relationship, originally solitary,
passes over into the second stage [the re'atnnship of
parents with children and children with parents], and
derives its cponym from the oldest and chief member of
the patry, as Aicidas, Pelopidas."
"But it to be called phatria and phratria when
came
certain ones gave their daughters to be married into an-
other 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." l
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.
Dikaearchus, 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.

T Wachsmuth's "Historical Antiquities of the Greejci," L c. r I.

449, app. for text.
944 ANCIENT SOCIETY

He derived the origin of the gens from primitive times;

but his statement that the phratry originated in the mat-
rimonial 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 satis-
;

factory 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 exist-
ence even of the Aryan and Semitic families. The phra-
try has been shown to have appeared among the Amer-
ican aborigines in the Lower Status of barbarism while
;

the Greeks were familiar with so much only of their for-

mer history as pertained to the Upper Status of bar-
barism.
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 pfiratries 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 Agamem-
non. l "Separate the troops by tribes and by phratries,
Agamemnon, so that phratry may support phratry, and
tribes, tribes. 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 num-
ber 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;

," ii, 362.
 GRECIAN PHRATRY, TRIBE AND NATION fc45

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 en a sim-
1
ilar principle. 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. 3 In the Eumenides of

Aeschylus, the Erinnys, after speaking of the slaying of
his mother by Orestes, put the question "What lustral :

1
water of his phrators shall await him?" which seems to
imply that if the criminal escaped punishment final puri-
fication 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 func-
tions, 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 phe-
nomena would centre probably in the phratric organiza-
tion far more conspicuously than our scanty records lead
us to infer. It probably possessed more power and influ-
ence 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

i Tacitus, "Germania," cap. vll.

a Qrote's "History of Greece," ill, 55. The Court of Aroparui
took Jurisdiction over homicides. Ib., Hi, 79.
3 "Eum.," 666.
 46 ANCIENT SOCIETY

new political system, some control over the registration

of citizens, the enrollment of marriages and the prosecu-
tion 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 con-
venience in description. A people under gentile institu-
tions do not divide themselves into symmetrical divisions
and subdivisions. The natural process of their forma-
tion 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 con-
sent 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 reduc-
tion 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 sup-
posed that in and through these organizations, was per-
fected that marvelous polytheistic system, with its hier-
archy 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 whiclvproduced the temple and
ornamental architecture in which the modern world has
taken so much delight. Some of the religious rites,
 GRECIAN PHRATRY, TRIBE AND NATION $47*

which originated in these social aggregates, were nation-

alized 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 recon-
tructed from these various sources of knowledge, repro-
ducing the main features of gentile society as they ap-
peared 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, who presided at its meetings, and
officiated in the solemnization of its religious rites. "The
<4

phratry," observes M. De Coulanges, had

assemblies its
and its tribunals, and could pass decrees. In it, as well
as in the family, there was a god, a priesthood, a legal
l
tribunal and a government." 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 con-
tained 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 inde-
pendent dialect for each tribe being necessary to render

i "The Ancient City," Small's Trans., p. 167. Boston, Lee &

Shepard.
248 ANCIENT SOCIETT

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 gen-
eral 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 con-
sisted 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 mil-
itary 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 suf-
ficient 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 legiti-
mately as when applied to the general military com-
mander 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 roy-
 QHECIAN PHHATUY. TlUBtf AND NATION 249

alty here than the occasion requires. Moreover, when

we know that the institutions of the Athenians at the
time were essentially democratical it becomes a carica-
ture of Grecian society. It shows the propriety of re-

turning 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 gen-
tilism, for the reason that gentile institutions are essen-
tially democratical. Every gens, phratry and tribe was
a completely organized self-governing body; and where
several tribes coalesced into a nation the resulting gov-
ernment would be constituted in harmony with the prin-
ciples 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 aggre-
gate 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 1 which was sim-
ply a society (socictas), 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,
^itolians, 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 Lyctirgus 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 gov-
ernment among mankind down to the institution of polit-
ical society. Such was the Grecian social system. It

i Aristotle, Thucydldea. and other writers, use the term bai-

lleia for the governments of the heroic period.
 56 ANCIENT SOCIETY

gave a society, made up of a series of aggregates of per-

sons, 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,
:

second, the agora, or assembly of the people and third,

;

the basileus, or general military commander. Although

municipal and subordinate military offices in large num-
bers 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 re-investigation 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. Weknow,
however, that the council of chiefs was a constant phe-
nomenon in every Gfecian 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 presump-
tively, were ultimate and supreme. This presumption
arises from what is known of the archaic character and
functions of the council of chiefs under gentile institu-
tions, 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
 GRECIAN PHRATRV, TRIBK AND NATION 51

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 in-

creasing 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 institu-
tions. It seems probable, therefore, that every office of
the government, from the highest to the lowest, re-
mained accountable to the council for their official acts.
x
The council was fundamental in their social system ;

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 her-
ald 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,"
2
etc. Acouncil 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 casewith events in the legendary period, recognizes
the council of chiefs as a necessary part of the system
of government of every Grecian people. The boule of
ancient Grecian society was the prototype and pattern
of the senate under the subsequent political system of
the state.

i
Dionysius, a, xii.
a Ae&chylus. "The Seven against Thebes/' 1005,
 5ft ANCIENT SOCIETY

II. The Agora.

Although an assembly of the people
became established in the legendary period, with a rec-
ognized power to adopt or reject public measures sub-
mitted 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 func-

tions 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 confed-
eracy; 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 tte same
characteristics which it afterwards maintained in the
ecclesia of the Athenians, and in the comitia cur*ata of
the Romans. It was the prerogative of the comcil of
chiefs to mature public measures, and then submf* 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 could neither origi-
act. It
nate measures, nor interfere in the administration of
affairs but nevertheless it was a substantial power, emi-
;

nently adapted to {he 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 sen-
timent, as we have reason to suppose, was created among
the people on all important questions, through the exer
cise 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 dis-'
cussed, the assemt/.y of the people, which was free to all
who desired to speak, l made their decision in ancfent
i Euripides, "Orestes," 884.
 GRECIAN PHRATRT, TRIBE AND NATION 353

*
times usually by a show of hands. Through participa-
tion in public affairs, which affected the interests of all,
the people were constantly learning the art of self-gov-
ernment, 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 ques-
tions, 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 of the Atheni-
ans, and of the lower house of modern legislative bodies.
III. The Basileus. This officer became a conspicu-
ous 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 was used by the best Grecian
writers to characterize the government, which was styled
a basileia. 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 correct-
ness of this interpretation. There is no similarity what-
ever 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 govern-

ments 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. Con*
stitutional monarchy is a modern development, and essen-
tially different from the basileia of the Greeks. The
basileia was neither an absolute nor a constitutional mon-

i Aeschylus, "The Suppliants/' 607.

904 ANCIENT SOCIETY

archy; neither was it a tyranny or a despotism. The

question then is, what was it.
Mr. Grote claims that "the primitive Grecian govern-
ment is essentially monarchical, reposing on personal feel-
l
ing and divine right ;" and to confirm this view he re-
marks 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
" 2
sceptre, with the tutelary sanctions/ This opinion is
not peculiar to Mr. Grote, whose eminence as a historian
all delight to recognize but it has been steadily and gen-
;

erally 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 govern-
ment 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. Crete's; namely, that the
primitive Grecian government was essentially democrat-
ical, 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
offide 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 fe-
male 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

t
"History of Greece," 11, 69.
9 "History of Greece/' 11, 69, and "Iliad/' 11, 104.
 GRECIAN PHRATRT, TRIBE AND NATION 256

Omahas, the oldest son. In the absence of objections to

the person such became the rule ; but the elective princi-
ple remained, which was the essence of self-government.
It cannot be claimed, on satisfactory proof, that the old-
est 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. l With the office of basileus transmitted in
the manner last named, the government would remain
in the hands of the people. Because without an elec-
tion 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 speak-
ing 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." Koiranos and basileus are used
as equivalents, because both alike signified a general mil-
itary 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 sin-
gle commander of the army before a besieged city.
? Mr. Gladstone, who presents to his readers the Grecian
chiefs oAhe heroic age as kings and princes, with the superad-
ded qualities of gentlemen, is forced to admit that "on the
whole we seem to have the custom or law of primogeniture
sufficiently, but not oversharplv defined." "Juventus Mundl."
^
Little & Brown's ed., p. 428,
256 ANCIENT SOCIETY

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 gov-
ernment is required, military democracy expresses it
with at least reasonable correctness; while the use of
the term kingdom, with the meaning it necessarily con-
veys, 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 in-

creasing intelligence and necessities. It was also a per-
iod of incessant military strife for the possession of the
most desirable areas. Along with the increase of prop-
erty the aristocratic element in society undoubtedly in-
creased, 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 offi-
;

do a member of the council of chiefs. It was a great

as well as a necessary office, with the powers of a gen-
eral over the army in the field, and over the garrison in
the city, which gave him the means of acquiring influ-
ence in civil affairs as well. But it does not appear that
 GRECIAN PHRATRY, TRIBE AND NATION 357

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 func-
11
tions/ The military and priestly functions of the
basileus are tolerably well understood, the judicial im-
perfectly, and the civil functions cannot properly be said
to have existed. The powers of such an office under gen-
tile 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 ele-
ment of the government, it may be said to have repre-
sented 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 unmanage-
able, 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 basileus
in consequence of a similar experience. Although the
functions of the council in the Homeric and the legend-
ary periods are not accurately known, its constant pres-
ence is evidence sufficient that its powers were real, es-
sential 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 free-
dom of the gentes, of whom the members of the council
were representatives, presupposes the independence of
the council, as well as its supremacy.

i Smith'* "Die., Art. Rex," p. Ml.

 58 ANCIENT SOCIBTT

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 tyr-
annies were established in the cities, from their revenues
becoming greater whereas before there had been hered-
;

1
itary basileia with specified powers." The office was
hereditary in the sense of perpetual because it was filled
as often as a vacancy, occurred, but probably hered-
itary in a gens, the choice being by a free election by his
gennetes, or by nomination possibly by the council, and
confirmation by the gentcs, 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 Aesymnetic, which is an elective tyranny.

call
The fourth is the Lacedaemonian, which is nothing more
than an hereditary generalship. 2 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 rec-
ognizable 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 subor-

dination to the council of chiefs. The "restricted rights,"
and the "specified powers*' in the definitions of these au-
thors, tend to show that the government had grown into
this form in harmony with, as well as under, gentile in-
stitutions. The essential element in the definition of
Aristotle is the freedom of the people, which in ancient

i "Thucydides," 1, 13.
i ? Aristotle. "Politics." iii, c. x.
 GRECIAN PHRATRT, TRIBE AND NATION 259

society implies that the people held the powers of the gov-
ernment 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 de-
scribed by Aristotle can be understood as a military de-
mocracy, which, as a form of government under free in-
stitutions, 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 independ-
ent self-governing bodies, the people would necessarily
be free. The rule of a king by hereditary right and with-
out direct accountability in such a society was simply im-
possible. 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 heredi-
tary 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 so-
ciety. An Englishman, under his constitutional mon-
archy, 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, mili-
tary commanders, with priestlv 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 con-
firmed by the comitia curiata; and the last of the n'um-
ber was deposed. With his deposition the office was
260 ANCIENT SOCIETY

abolished, as incompatible ivith what remained of tfoe

democratic principle, after the institution of Roman
political society.
The nearest analogues of kingdoms among the Gre-
cian 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 po,wer
claimed was no greater than that of the feudal kings of
mediaeval 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 to-
wards him. His sceptre was illegitimate from the be-
ginning, .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 meri-
torious/' l It was not so much the illegitimate sceptre
which aroused the hostility of the Greeks, as the antag-
onism of democratical with monarchical ideas, the former
of which were inherited from the gentes.
When the Athenians established the new political sys-
tem, founded upon territory and upon property, the gov-
ernment 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 govern-
ment. The false element, that of aristocracy, which had
penetrated the system and created much of the strife in

i "HUtory of Greece/' 11, 61, and see 69.

 GRECIAN PHRATRY, TRIBE AND NATION fcfll

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 gov-
ernment to their logical result. 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 re-
jected 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 de-
velopment with the upward progress of mankind is in-
structive. It can be traced from the common war-chief,
first to the Great War Soldier, as in the Iroquois Con-

federacy: secondly, to the same military commander in

a confederacy of tribes more advanced, with the func-
tions of a priest attached to the office, as the Teuctli of
the Aztec Confederacy thirdly, to the same military com-
;

mander 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 ardion of the Athenians, who succeeded the ba-
sileus, 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 barbar-
$6$ AKCIENT SOCIETY

ians for instituting and developing the three principal in-

strumentalities of government now so generally incorpo-
rated 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 s'une

uniform channels, and within narrow limits of variati m.
Its results in disconnected regions of space, and in wide-

ly separated ages of time, articulate in a logically con-

nected chain of common experiences. In the grand ag-
gregate 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.
 CHAPTER X
THE JNSTITrriOX OF CUKCIAN 11)LITICAL SOCIETY

The several Grecian communities passed through a

substantially similar experience in transferring them-
selves from gentile into political society; but the mode
of transition can be l>est illustrated from Athenian his-
tory, because the facts with respect to the Athenians are
more fully preserved. A bare outline of the material
events will answer the object in view, as it is not pro-
posed to follow the growth of the idea of government
beyond the inauguration of the new political system.
It is evident that the failure of gentile institutions to
meet the now complicated wants of societv originated
the movement to withdraw all civil powers from
the gentes, phratries and tribes, and re-invest them in
new constituencies. This movement was gradual, ex-
tending through a long period of time, and was embodied
in a series of successive experiments by means of which
a remedy was sought for existing evils. The coming in
of the new system was as gradual as the sluing" out of
the old. the two for a part of the time existing side by
side. In the character and objects of the experiments
tried we may discover wherein the gentile organization
had failed to meet the requirements of societv. the neces-
sity for the subversion of the gentes. phratries and tribes
as sources of power, and the means by which it was ac-
complished.
Looking backward upon the line of human progress,
it may be remarked that the stockaded village was the
usual "home of the tribe in the Lower Status of barbar-
ism. In the Middle Status joint-tenement houses of
264 ANCIENT SOCIETY

adobe-bricks and of stone, in the nature of fortresses,

make their appearance. But in the Upper Status, cities
surrounded with ring embankments, and finally with
walls of dressed stone, appear for the first time in human
experience. It was a great step forward when the thought
found expression in action of surrounding an area ample
for a considerable population with a defensive wall of
dressed stone, with towers, parapets and gates, designed
to protect all alike and to be defended by the common
strength. Cities of this grade imply the existence of a
stable and developed field agriculture, the possession of
domestic animals in flocks and herds, of merchandise in
masses and of property in houses and lands. The city
brought with it new demands in the art of government
by creating a changed condition of society. A necessity
gradually arose for magistrates and judges, military and
municipal officers of different grades, with a mode of
raising and supporting military levies which would re-
quire public revenues. Municipal life and wants must
have greatly augmented the duties and responsibilities
of the council of chiefs, and perhaps have overtaxed its
capacity to govern.
It has been shown that in the Lower Status of barbar-
ism the government was of one power, the council of
chiefs; that in the Middle Status it was of two powers,
the council of chiefs and the military commander; and
that in the Upper Status it was of three powers, the coun-
cil of chiefs, the assembly of the people and the military
commander. But after the commencement of civilization,
the differentiation of the powers of the government had
proceeded still further. The military power, first devol-
ved upon the basileus, was now exercised by generals
and captains under greater restrictions. By a further
differentiation the judicial power had now appeared
among the Athenians. It was exercised by the archons
and dicasts. Magisterial powers were now being devol-
ved upon municipal magistrates. Step by step, and
with the progress of experience and advancement, these
several powers had been taken by differentiation from
the sum of the powers of the original council of chiefs,
 INSTITUTION OP GRECIAN POLITICAL SOCIETY fttt

so far as they could be said to have passed from the pe.o-

ple into this council as a representative body.
The creation of these municipal offices was a neces-
sary consequence of the increasing magnitude and com-
plexity of their affairs. Under the increased burden
gentile institutions were breaking down. Unnumbered
disorders existed, both from the conflict of authority, and
from the abuse of powers not as yet well defined. The
brief and masterly sketch by Thucydides of the condition
1
of the Grecian tribes in the transitional period, and the
concurrent testimony of other writers to the same effect,
leave no doubt that the old system of government was
failing, and that a new one had become essential to
fur-
ther progress. A
wider distribution of the powers of
the government, a clearer and a
definition of them,
stricter accountability of official personswere needed for
the welfare as well as safety of society; and more espe-
cially the substitution of written laws, enacted by
com-
petent authority, in the place of usages and customs. It

was through the experimental knowledge gained in this

and the previous ethnical period that the idea of polit-
ical society or a state was gradually forming in the
Grecian mind. It was a growth running through cen-
turies of time, from the first appearance of a necessity
for a change in the plan of government, before the en-
tire result was realized.
The attempt among the Athenians to subvert the
first

gentile organization and establish a new system is

ascribed to Theseus, and therefore rests upon tradition;
but certain facts remained to the historical period which
confirm some part at least of his supposed legislation. It
will be sufficient to regard Theseus as representing a
period, or a series of events. From the time of Cecrops
to Theseus, according to Thucydides, the Attic people
had always lived in cities, having their own prytaneums
and archons, and when not in fear of danger did not con-
sult their basileus, but governed their own affairs sepa-
rately according to their
own councils. But when The-
t **Thucydld," lib. I. 1-13,
IM ANCIENT SOCIETY

seus was made basileus, he persuaded them to break up

the council-houses and magistracies of their several cities
and come into relation with Athens, with one council-
house (bouleuterios) , and one prytaneum, to which all
1
were Considered as belonging. This statement embodies
or implies a number of important facts; namely, that
the Attic population were organized in independent
tribes, each having its own territory in which the people
were localized, with its own council-house and prytane-
um; and that while they were self-governing societies
thev were probably confederated for mutual protection,
and elected their basileus or general to command their
common forces. It is a picture of communities demo-
cratically organized, needing a military commander as
a necessity of their condition, but not invested with civil
functions which their gentile system excluded. Under
Theseus they were brought to coalesce into one people,
with Athens* as their seat of government, which gave
them a higher organization than before they had been
able to form. The coalescence of tribes into a nation in
one territory is later in time than confederations, where
the tribes occupy independent territories. It is a higher
organic process. While the gentes had always been in-
termingled by marriage, the tribes were now intermin-
gled by obliterating territorial lines, and by the use of
a common council-hall and prytaneum. The act ascribed
to Theseus explains the advancement of their gentile so-
ciety from a lower to a higher organic form, which must
have occurred at some time, and probably was effected
in the manner stated.
But another act is ascribed to Theseus evincing a more
radical plan, as well as an appreciation of the necessity
for a fundamental change in the plan of government. He

i lib. II, c. 15. Plutarch speaks nearly to the aama

"Thucyd.,"
"He settled all the inhabitant* of Attica In Athena, and
effect:
made them one people In one city, who before wore scattered
up and down, and could with difficulty be assembled on any
urgent occasion for the public welfare. . . . Dissolving therefore
the associations, the council*, and the courts In each particular
town, he built one common prytanum and court hall, where It
stands to this day. The citadel with Its dependencies, and the
city or the old and new town, he united under the comn
name of Athens." Plutarch. "Vit. Theseus/* cap. 14.
 INSTITUTION OF GRECIAN POLITICAL, SOC1BT* $67

divided the people into three classes, irrespective of

gentes, called respectively the Eupatridae or "well-born"
the Geomori or "Husbandmen," and the Demiurgi or
"artisans." The principal offices were assigned to the
first class both in the civil administration and in the

priesthood. This classification was not only a recogni-

tion of property and of the aristocratic element in the
government of society, but it was a direct movement
against the governing power of the gentes. It was the
evident intention to unite the chiefs of the gentes with
their families, and the men of wealth in the several
gentes, in a class by themselves, with the right to hold
the principal offices in which the powers of society were
vested. The seperation of the remainder into two great
classes traversed the gentes again. Important results
might have followed if the voting power had been taken
from the gentes, phraties and tribes, and given to the
classes, subject to the right of the first to hold principal
offices. This does not appear to have been done
although absolutely necessary to give vitality to the
classes. Moreover, it did not change essentially the
previous owler of things with respect to holding office.
Those now called Eupatrids were probably the men of the
several gentes who had previously been called into
office. This scheme of Theseus died out, because there
was in reality no transfer of powers from the gentes,
phratries and tribes to the classes, and because such
classes were inferior to the gentes as the basis of a
system.
The centuries that elapsed from the unknown time of
Theseus to the legislation of Solon (594 B. C.) formed
one of the most important periods in Athenian experi-
ence but the succession of events is imperfectly known.
;

The office of basileus was abolished prior to the first

Olympiad (776!*, C), and the archonship established in

its place. The latter seems to have been hereditary in a
gens, and it is stated to have been hereditary in a particular
family within the gens, the first twelve archons being
called the Medontidae from Medon, the first archon,
claimed to have been the son of Codrus, the last basileus.
 SOCItiT?

In the case of these archons, who held for life, the same
question exists which has elsewhere been raised with
respect to the basileus ; that an election or confirmation by
a constituency was necessary before the office could be
assumed. The presumption is against the transmission of
the office by hereditary right. In 711 B. C. the office of
archon was limited to ten years, and bestowed by free
election upon the person esteemed most worthy of the
position. We are now within the historical period, though
near its threshold, where we meet the elective principle
with respect to the highest office in the gift of the people
clearly and completely established. It precisely whit
is

would have been expected from the constitution and

principles of the gentes, although the aristocratical prin-
ciple, as we must suppose, had increased in force with the
increase of property, and was the source through which
hereditary right was introduced wherever found. The ex-
istence of the elective principle with respect to the later
archons is not without significance in its relation to the
question of the previous practice of the Athenians. In 683
B. C. the office was made elective annually, the number
was increased to nine, and their duties werejnade min-
isterial and judicial.
1
We may notice, in th'ese events,
evidence of a gradual progress in knowledge with respect
to the tenure of office. The Athenian tribes had inherited
from their remote ancestors the office of archon as chief
of the gens. It was hereditary in the gens as may fairly be
supposed, and elective among its members. After descent
was changed to the male line the sons of the deceased
chief were within the line of succession, and one of their

i "Of the nine archons, whose number continued unaltered

from I8S B. C. to the end of the democracy, three bore special
tKles the Archon Eponyraus, from whose name the designation
of the year was derived, and who was spoken of as "the
Archon, the Archon Basileus (Kins;), or more frequently, the
Basileus; and the Polemarch. The remaining: six passed by the
name of Thesmothetes The Archon Eponymus
Kneral
termined all disputes relative to the family, the gentile, and
the phratrlo relations! he was the legal protector of orphans
and widow*. The Arcbon Basileus (or King Archon) enjoyed
competence in complaints respecting offenses against the reli-
gious sentiment and respecting homicide. The PnUmarch
(speaking of times anterior to KleUthenta) was the leader of
military force, and Judge In disputes between cltlsens and non-
cUiens."-<Jrote's "HuFory of Greece/' t c.. ill 74.
 INSTITUTION OF GRECIAN POLITICAL SOCIETY 00

number would be apt to be chosen in the absence of

personal objections. But now they reverted to this
original office for the name of their highest magistrate,
made it elective irrespective of any gens, and limited its
duration, first to ten years and finally to one. Prior to
this, the tenure of office to which they had been accus-
tomed was for life. In the Lower and also in the Middle
Status of barbarism we have found
the office of chief,
elective and for or during good behavior, for this
life;
limitation follows from the right of the gens to depose
from office. It is a reasonable inference that the office of
chief in a Grecian gens was held by a free election and
by the same tenure. It must be regarded as proof of a
remarkable advancement in knowledge at this early
period that the Athenian tribes substituted a term of
years for their most important office, and allowed a
competition of candidates. They thus worked out the
entire theory of an elective and representative office, and
placed it upon its true basis.
In the time of Solon, it may be further noticed, the
Court of Areopagus, composed of ex-archons, had come
into existence with power to try criminals and with a
censorship over morals, together with a number of new
offices in the military, naval and administrative services.
But the most important event that occurred about this
time was the institution of the naucraries, twelve in each
tribe, and forty-eight in all each of which was a local
:

circumscription of householders from which levies were

drawn into the military and naval service, and from
which taxes were probably collected. The naucrary was
the incipient deme or township which, when the idea of
a territorial basis was fully developed, was to become the
foundation of the second great plan of government. By
whom the naucraries were instituted is unknown. "They
must have existed even before the time of Solon/'
Boeckh remarks, "since the presiding officers of the
naucraries are mentioned before the time of his legisla-
tion; and when Aristotle ascribes their institution to
Solon, we may refer this account only to their
 fJO ANCIENT SOCIETY

confirmation by the political constitution of Solon." 1

Twelve naucraries formed a trittys, a larger territorial
circumscription, but they were not necessarily contiguous.
It was, in like manner, the germ of the county, the next
territorialaggregate above the township.
Notwithstanding the great changes that had occurred
in the instrumentalities by which the government was
administered, the people were still in a gentile society,
and living under gentile institutions. The gens, phratry
and tribe were in full vitality, and the recognized sources
of power. Before the time of Solon no person could
become a member of this society except through con-
nection with a gens and tribe. All other persons were
beyond the pale of the government. The council of
chiefs remained, the old and time-honored instrument of
government but the powers of the government were now
;

co-ordinated between itself, the agora or assembly of the

people, the Court of Areopagus, and the nine archons. It
was the prerogative of the council to originate and
mature public measures for submission to the people,
which enabled it to shape the policy of the government.
It doubtless had the general administration of the
finances, and it remained to the end, as it had been from
the beginning*, the central feature of the government.
The assembly of the people had now come into increased
prominence. Its functions were still limited to the adop-
tion or rejection of public measures submitted to its
decision by the council but it began to exercise a power-
;

ful influence upon public affairs. The rise of this

assembly as a power in the government is the surest
evidence of the progress of the Athenian people in
knowledge and intelligence. Unfortunately the functions
and powers of the council of chiefs and of the assembly
of the people in this early period have been imperfectly
preserved, and but partially elucidated.
In 624 B. C. Draco had framed a body of laws for the
Athenians which were chiefly remarkable for their
unnecessary severity but this code demonstrated that the
;

i "Public
Brown's *&,
Economy of Athens," Lamb's Trans., Little *
p. 353.
 INSTITUTION OP GRECIAN POLITICAL, SOCIETY B71

time was drawing near in Grecian experience when

usages and customs were to be superseded by written
laws. As yet the Athenians had not learned the art of
enacting laws as the necessity for them appeared, which
required a higher knowledge of the functions of legis-
lative bodies than they had attained. They were in that
stage in which lawgivers appear, and legislation is in a
scheme or in gross, under the sanction of a personal
name. Thus slowly the great sequences of human prog-
ress unfold themselves.
When Solon came into the archonship (594 B. C.) the
evils prevalent in society had reached an unbearable
degree. The struggle for the possession of property, now
a commanding interest, had produced singular results.
A portion of the Athenians had fallen into slavery,
through debt, the person of the debtor being liable to
enslavement in default of payment; others had mort-
gaged their lands and were unable to remove the
encumbrances; and as a consequence of these and other
embarrassments society was devouring itself. In addition
to a body of laws. some, of them novel, but corrective of
the principal financial difficulties, Solon renewed the
project of Theseus of organizing society into classes, not
according to callings as before, but according to the
amount of their property. It is instructive to follow the
course of these experiments to supersede the gentes and
substitute a new system, because we shall find the Roman
tribes, in the time of Servius Tullius, trying the same
experiment for the same purpose. Solon divided the
people into four classes according to the measure of their
wealth, and going beyond Theseus, he invested these
classes with certain powers, and imposed upon them
certain obligations. It transferred a portion of the civil

powers of the gentes, phratries and tribes to the property

classes. In proportion as the substance of power was
drawn from the former and invested in the latter, the
gentes would be weakened and their decadence would
commence. But so far as classes composed of persons
were substituted for gentes composed of persons, the
government was still founded upon person, and upon
17* ANCIENT SOCIETY

relations purely personal. The scheme failed to reach the

substance of the question. Moreover, in changing the
council of chiefs into the senate of four hundred, the
members were taken in equal numbers from the four
tribes,and not from the classes. But will be noticed
it

that the idta of property, as the basis of a system of

government, was now incorporated by Solon in the new
plan of property classes. It failed, however, to reach the
idea of political society, which must rest upon territory
as well as property, and deal with persons through their
territorial relations. The first class alone were eligible to
the high offices, the second performed military service on
horseback, the third as infantry, and the fourth as light-
armed soldiers. This last class were the numerical ma-
jority. They were disqualified from holding office, and
paid no taxes; but in the popular assembly of which they
were members, they possessed a vote upon the election of
all magistrates and officers, with power to bring them to
an account. They also had power to adopt or reject all
measures submitted by the senate to their decision,
nder the constitution of Solon their powers were real
Biblic
and durable, and their influence upon public affairs was
permanent and substantial. All freemen, though not
connected with a gens and tribe, were now brought into
the government, to a certain extent, by becoming citizens
and members of the assembly of the people with the
powers named. This was one of the most important
results of the legislation of Solon.
people were
It will be further noticed that the now
organized as an army, consisting of three divisions the
;

cavalry, the heavy-armed infantry, and the light-armc;d

infantry, each with its own officers of different grades.
The form of the statement limits the array to the last
three classes, which leaves the first class in the un-
patriotic position of appropriating to themselves the
principal offices of the government, and taking no part
in the military service. This undoubtedly requires modi-
fication. The same plan of organization, but including
the five classes, will re-appear among the Romans under
Servius Tullius, by whom the body of the people were
 INSTITUTION OF GRECIAN POLITICAL. SOCIETY 873

organized as an army (cxercitus) fully officered and

equipped in each subdivision. The idea of a military
democracy, different in organization but the same
theoretically as that of the previous period, re-appears in
a new dress both in the Solonian and in the Servian
constitution.
In addition to the property element, which entered
into the basis of the new system, the territorial element
was partially incorporated through the naucraries before
adverted to, in which it is probable there was an enroll-
ment of citizens and of their property to form a basis
for military levies and for taxation. These provisions,
with the senate, the popular assembly now called the
ecclewa, the nine archons, and the Court of Areopagus,
gave to the Athenians a much more elaborate government
than they had before known, and requiring a higher
degree of intelligence for its management. It was also
essentially 3emocratical in harmony with their antecedent
ideas and institutions; in fact a logical consequence of
them, and explainable only as such. But it fell short of
a pure system in three respects firstly, it was not founded
:

upon territory; secondly, all the dignities of the state

were not open to every citizen and thirdly, the principle
;

of local self-government in primary organizations was

unknown, except as it may have existed imperfectly in
the naucraries. The gentes, phratries and tribes still
remained in full vitality, but with diminished powers. It
was a transitional condition, requiring further* experience
to develop the theory of a political system toward which
it was a great advance. Thus slowly but steadily human
institutions are evolved from lower into higher forms,
through the logical operations of the human mind work-
ing in uniform but predetermined channels.
There was one weighty reason for the overthrow of
the gentes and the substitution of a new plan of govern-
ment. It was probably recognized by Theseus, and
undoubtedly by Solon. From the disturbed condition of
the Grecian tribes and the unavoidable movements of the
people in the traditionary period arid in the times prior to
Solon, many persons transfered themselves from one
2tt ANCIENT SOCIETY

nation to another, and thus lost their connection with

their own gens without acquiring a connection with
another. This would repeat itself from time to time,
through personal adventure, the spirit of trade, and the
exigencies of warfare, until a considerable number with
their
posterity
would be developed in every tribe
unconnected with any gens. All such persons, as before
remarked, would be without the pale of the government
with which there could be no connection excepting
through a gens and tribe. The fact is noticed by Mr.
Grote. "The phratries and gentes," he remarks,
"probably never at any time included the whole popu-
lation of the country and the population not included
in them tended to become larger and larger in the times
9n
anterior to Kleisthenes, as well as afterwards. As early
as the time of Lycurgus there was a considerable immi-
gration into Greece from the islands of the Mediterranean
and from the Ionian cities of its eastern coasts, which
increased the number of persons unattached to any gens.
When they came in families they would bring a fragment
of a new gens with them but they would remain aliens
;

unless the new gens was admitted into a tribe. This

probably occurred in a number of cases, and it may assist
in explaining the unusual number of gentes in Greece. The
gentes and phratries were close corporations, both of
which would have been adulterated by the absorption of
these aliens through adoption into a native gens., Persons
of distinction might be adopted into some gens, or secure
the admission of their own gens into some tribe; but the
poorer class would be refused either privilege. Tfyere
can be no doubt that as far back as the time of Theseus,
and more especially in the time of Solon, the number of
the unattached class, exclusive of the slaves, had become
large. Having neither gens nor phratry they were also
without direct religious
privileges,
which were inherent
and exclusive in these organizations. It is not difficult to
see in this class of persons a element of discon-
growing
tent dangerous to the security of society.

i "History of Greece," Hi, 65.

 INSTITUTION OF GRECIAN POLITICAL SOCIETY $79

The schemes of Theseus and of Solon made imperfect

provision for their admission to citizenship through the
classes ; but as the gentes and phratries remained from
which they were excluded, the remedy was still incom-
plete. Mr. Grote further remarks, that "it is not easy to
make out distinctly what was the political position of the
ancient Gentes and Phratries, as Solon left them. The
four tribes consisted altogether of gentes and phratries,
insomuch that no one could be included in any one of the
tribes who was not also a member of some gens and
phratry. Now the new probouleutic or pre-considering
senate consisted of 400 members, 100 from each of the
tribes: persons not included in any gens and phratry
could therefore have had no access to it. The conditions
of eligibility were similar, according to ancient custom,
for the nine archons of course, also, for the senate of
Areopagus. So that there remained only the public
assembly, in which an Athenian, not a member of these
tribes, could take part: yet he was a citizen, since he
could give his vote for archons and senators, and
could take part in the annual decision of their account-
ability, besides being entitled to claim redress for wrong
from the archons in his own person while the alien
could ouly do so through the intervention of an avouching
citizen, or Prostates. It seems therefore that all persons
not included in the four tribes, whatever their grade or
fortune were on the same level in respect to
mi^ht be,
political privilege as the fourth and poorest class of the
Solonian census. It has already been remarked, that
even before the time of Solon, the number of Athenians
not included in the gentes or phratries was probably
considerable: it tended to become greater and greater,
since these bodies were close and unexpansive, while the
policy of the new lawgiver tended to invite industrious
settlers from of Greece to Athens/' 1 The
Bother parts
Roman Plebeians orginated from causes precisely similar.
They were not members of any gens, and therefore
formed no part of the Populus Romanus. We may find

I "HUtory of Gretce," ill, if |,

 876 ANCIENT SOCIETY

in the facts statedone of the reasons of the failure of the

gentile organization to meet the requirements of society.
In the time of Solon, society had outgrown their ability to
govern, its affairs had advanced so far beyond the condi-
tion in which the gentes originated. They furnished a
basis too narrow for a state, up to the measure of which
the people had grown.
There was also an increasing difficulty in keeping the
members of a gens, phratry and tribe locally together.
As parts of a governmental organic series, this fact of
localization was higly necessary. In the earlier period,
the gens held its lands in common, the phratries held
certain lands in common for religious uses, and the tribe
probably held other lands in common. When they estab-
lished themselves In country or city, they settled locally
together by gentes, by phratries and by tribes, as a
consequence of their social organization. Each gens was
in the main by itself not all of its members, for two
gentes were represented in every family, but the body
who propagated the gens. Those gentes belonging to
the same phratry naturally sought contiguous or at least
near areas, and the same with the several phratries of the
tribe. But in the time of Solon, lands and houses had
come to be owned by individuals in severalty, with power
of alienation as to lands, but not of houses out of the
gens. It doubtless became more and more impossible to
keep the members of a gens locally together, from the
shifting relations of persons to land, and from the crea-
tion of new property by its members in other localities.
The unit of their social system was becoming unstable in -

place, and also in character. Without stopping to develop

this fact of their condition further, it must have proved
one of the reasons of the failure of the old plan of
government. The township, with its fixed property and
itsinhabitants for the time being, yielded that element of
permanence now wanting in the gens. Society had made
immense progress from its former condition of extreme
simplicity. It was very different from that which the
gentile organization was instituted to govern. Nothing
but the unsettled condition and incessant warfare of the
 INSTITUTION OP GRECIAN POLITICAL SOCIETY a77

Athenian tribes, from their settlement in Attica to the

time of Solon, could have preserved this organization
from overthrow. After their establishment in walled
cities, that rapid development of wealth and numbers
occurred which brought the gentes to the final test, and
demonstrated their inability to govern a people now rap-
idly approaching civilization. But their displacement
even then required a long period of time.
The seriousness of the difficulties to be overcome in
creating a political society are strikingly illustrated in
the experience of the Athenians. In the time of Solon,
Athens had already produced able men; the useful arts
had attained a very considerable development commerce
;

on the sea had become a national interest; agriculture

and manufactures were well advanced; and written
composition in verse had commenced. They were in fact
a civilized people, and had been for two centuries; but
their institutions of government were still gentile, and of
the type prevalent throughout the Later Period of bar-
barism. A great impetus had been given to the Athenian
commonwealth by the new system of Solon nevertheless,
;

nearly a century elapsed, accompanied with many dis-

orders, before the idea of a state was fully developed in
the Athenian mind. Out of the naucrary, a conception
of a township as the unit of a political system was
finally elaborated; but it required a man of the highest
genius, as well as great personal influence, to seize the
idea in its fullness, and give it an organic embodiment.
That man finally appeared in Cleisthenes (509 B. C),
who must be regarded as the first of Athenians-legislators
the founder of the second great plan of human govern-
ment, that under which modern civilized nations are
organized.
Cleisthenes went to the bottom of the question, and
placed the Athenian political system upon the foundation
^

which it remained to the close of the independent

on^
existence of the commonwealth. He divided Attica into
a hundred -dernes, or townships, each circumscribed by
metes and bounds, and distinguished by a name. Every
citizen was required to register himself, and to cause an
78 ANCIENT SOCIETY

enrollment of his property in the deme in which he

resided. This enrollment was the evidence as well as the
foundation of his civil privileges. The deme displaced)
the naucrary. Its inhabitants were an organized bodw
politic with powers of local self-government, like the!
modern American township. This is the vital and the
remarkable feature of the system. It reveals at once its
democratic character. The government was placed in the
hands of the people in the first of the series of territorial
organizations. The demotae elected a demarch, who had
the custody of the public register; he had also power
to convene the demotae for the purpose of electing
magistrates and judges, for revising the registry of
citizens, and for the enrollment of such as became of age

during the year. They elected a treasurer, and provided

for the assessment and collection of taxes, and for
furnishing the quota of troops required of the deme for
the service of the state. They also elected thirty dicasts
or judges, who tried all causes arising in the deme where
the amount involved fell below a certain sum. Besides
these powers of local self-government, which is the
essence of a democratic system, each deme had its own
temple and religious worship, and its own priest, also
elected by the demotae. Omitting minor particulars, we
find the instructive and remarkable fact that the town-
ship, as first instituted, possessed all the powers of local
self-government, and even upon a fuller and larger scale
than an American township. Freedom in religion is also
noticeable,which was placed where it rightfully belongs,
under the control of the people. All registered citizens
were free, and equal in their rights and privileges, with
the exception of equal eligibility to the higher offices.
Such was the new unit of organization in Athenian
political society, at once a model for a free state, and a
marvel of wisdom and knowledge. The Athenians com-
menced with a democratic organization at the point where
every people must commence who desire to create a
free state, and place the control of the government in the
hands of its citizens.
The second member of the organic territorial series
 INSTITUTION OF GRECIAN POLITICAL SOCIETY $7f

consisted of ten demes, united in a larger geographical

district. It was called a local tribe, to preserve some part
of the terminology of the old gentile system. 1 Each
district was named after an Attic hero, and it was the
analogue of the modern county. The demes in each
district were usually contiguous, which should have been
true in every instance to render the analogy complete but :

in a few cases one or more of the ten were detached,

probably in consequence of the local separation of por-
tions of the original consanguine tribe who desired to
have their deme incorporated in the district of their
immediate kinsmen. The inhabitants of each district or
county were also a body politic, with certain powers of
local self-government. They elected a phylarch, who
commanded the cavalry ; a taxiarch, who commanded the
foot-soldiers and a general, who commanded both;
and as each district was required to furnish five triremes,
they probably elected as many trierarchs to command
them. Cleisthenes increased the senate to five hundred,
and assigned fifty to each district. They were elected by
its inhabitants. Other functions of this larger body pol-
itic doubtless existed, but they have been imperfectly ex-
plained.
The third and last member of the territorial series was
the Athenian commonwealth or state, consisting of ten
local tribes or districts. It was an organized body politic,
embracing the aggregate of Athenian citizens. It was
represented by a senate, an ecclesia, the court of Areo-
pagus, the archons, and judges, and the body of elected
military and naval commanders.
Thus the Athenians founded the second great plan of
government upon territory and upon property. They
substituted a series of territorial aggregates in the place
of an ascending series of aggregates of persons.
As a plan of government it rested upon territory which
was necessarily permanent, and upon property which was
i The Latin "tribu8"-~tribe, signified originally "a third part,"

and was used to designate a third part of the people when

composed of three tribes; but in course of time, after the Latin
tribes were made local instead of consanguine, like the Athen-
ian local tribes, the term tribe lost its numerical quality, and
came, like the phylon of Cleisthenes to be a local designation.
-See Mommscrfs "Hist- of Rome V c^ i, 71.
$80 I ANCIENT SOCIETY

more or less localized and it dealt with its citizens, now

;

localized in demes though their territorial relations^ To

be a citizen of the state it was necessary to be a citizen
of a deme. The person voted and was taxed in his deme,
and he was called into the military service from his deme.
In like manner he was called by election into the senate,
and to the command of a division of the army or navy
from the larger district of his local tribe. His relations
to a gens or phratry ceased to govern his duties as a
citizen. The contrast between the two systems is as
marked as their difference was fundamental. A coales-
cence of the people into bodies politic in territorial areas
now became complete.
The territorial series enters into the plan of govern-
ment of modern civilized nations.Among ourselves, for
example, we have the township, the county, the state, and
the United States the inhabitants of each of which are
;

an organized body politic with powers of local self-

government. Each organization is in full vitality and
performs its functions within a definite sphere in which
it is supreme. France has a similar series in the commune,

the arrondissement, the department, and the empire, now

the republic. In Great Britain the series is the parish, the
shire, the kingdom, and the three kingdoms. In the
Saxon period the hundred seems to have been the
1
analogue of the township; but already emasculated of the
powers of local self-government, with the exception of
the hundred court. The inhabitants of these several areas
were organized as bodies politic, but those below the
highest with very limited powers. The tendency to cen-
tralization under monarchical institutions has atrophied,
practically, all thelower organizations.
As a consequence of the legislation of Cleisthenes, the
gentes, phratries end tribes were divested of their
influence, because their powers were taken from them and
vested in the deme, the local tribe and the state, which
became from thenceforth the sources of all politica!,
power. They were not dissolved, however, even after this

i "Anglo Saxon Law," by Henry Adams and others, pp. 20, 23.
 INSTITUTION OF GRECIAN POLITICAL, SOCIETY 281

, but remained for centuries as a pedigree and

lineage!,and as fountains of religious life. In certain

orations of Demosthenes, where the cases involved
personal or property rights, descents or rights of sep-
ulture, both the gens and phratry appear as living organi-
1
zations in his time. They were left undisturbed by the
new system so far as their connection with religious rites,
with certain criminal proceedings, and with certain social
practices were concerned, which arrested their total
dissolution. The classes, however, both those instituted
by Theseus and those afterwards created by Solon, dis-
2
appeared after the time of Cleisthenes.
Solon is usually regarded as the founder of Athenian
democracy, while some writers attribute a portion of the
work to Cleisthenes and Theseus. We shall draw nearer
the truth of the matter by regarding Theseus, Solon and
Cleisthenes as standing connected with three great move-
ments of the Athenian people, not to found a democracy,
for Athenian democracy was older than either, but to
change the plan of government from a gentile into a
political organization. Neither sought to change the ex-
isting principles of democracy which had been inherited
from the gentes. They contributed in their respective
times to the great movement for the formation of a state,
which required the substitution of a political in the place
of gentile society. The invention of a
township, and the
organization of its inhabitants as a body politic, was the
main feature the problem. It may seem to us a
^in simple
matter; but it taxed the capacities' of the Athenians to
their lowest depths before the idea of a
township found
expression in its actual creation. It was an inspiration
of the genius of Cleisthenes and it stands as the master
;

work of a master mind. In the new political

society they
realized that complete
democracy which already existed
in every essential
principle, but which required a change
in the plan of government to it a more
give ample field

partlcv xrly the Orations against Eubulldes, and Mar-

Hermann's Mtlcal Antiquities of Greece", 1. c. p. 187, s.
Ml ANCIENT SOCIETY

and a fuller expression. It is precisely here, as it seems

to the writer, that we have been misled by the erroneous
assumption of the great historian, Mr. Grote, whosej
general views of Grecian institutions are so sound and
perspicuous, namely, that the early governments of tha
Grecian tribes were essentially monarchical.
1
On thi|
assumption it requires a revolution of institutions to ex-
plain the existence of that Athenian democracy under
which the great mental achievements of the Athenians
were made. No such revolution occurred, and no radical
change of institutions was ever effected, for the reason
that they were and always had been essentially demo-
craticaL Usurpations not unlikely occurred, followed
by controversies for the restoration of the previous or-
der; but they never lost their liberties, or those ideas of
freedom and of the right of self-government which had
been their inheritance in all ages.

Recurring for a moment to tKe basileus, the office tend-

ed to make the man more conspicuous than any other in
their affairs. He was the first person to catch the mental
eye f>f the historian by whom he has been metamorph-
osed into a king, notwithstanding he was made to reign,
and by divine right, over a rude democracy. As a general
in a military democracy, the basileus becomes intelligible,
and without violating the institutions that actually
existed. The introduction of this office did not change
the principles of the gentes, phratries and tribes, which
in their organization were essentially democratical, and
which of necessity impressed that character on their
gentile system. Evidence is not wanting that the popular
element was constantly active to resist encroachments on
personal rights. The basileus belongs to the traditionary
period, when the powers of government were more or
less undefined; but the council of chiefs existed in the
centre of the system, and also the gentes, phratries and

t Th primitive Grecian government 10 essentially monarch-

ical, reposta* on personal feelln* and divine rlcht."-"HUtory
 Of 0IU8CUN POLITICAL SOCIETY |ft)

tribes in full vitality. These are sufficient to determine

l
the character of the government.
The government as reconstituted by Cleisthenes con-
trasted strongly with that previous to the time of Solon.
But the transition was not only natural but inevitable if
the people followed their ideas to their logical results. It
was a change of plan, but not of principles nor even of.
instrumentalities. The council of chiefs remained in the
senate, the agora in the epclesia ; the three highest archons
were respectively ministers of state, of religion, and of
justice as before, while the six inferior archons exercised
judicial functions in connection with the courts, and the
large body of dicasts now elected annually for judicial
service. No executive officer existed under the system;
which is one of its striking peculiarities. The nearest apj
proach to it was the president of the senate, who was
elected by lot for a single day, without the possibility of
a re-election during the year. For a single day he
presided over the popular assembly, and held the keys of
the citadel and of the treasury. Under the new govern-
ment the popular assembly held the substance of power,
and guided the destiny of Athens. The new Element
which gave stability and order to the state was the deme
or township, with its complete autonomy, and local self-
government. A hundred demes similarly organized would
determine the general movement of the commonwealth.
As the unit, so the compound. It is here that the people,
as before remarked, must begin if they would learn the
art of self-government, and maintain equal laws and
equal rights and privileges. They must retain in their
hands, all the powers of society not necessary to the state
to insure an efficient general administration, as well as the
control of the administration itself.

i Sparta retained the office of baslleus in the period of civil!*

tation. It was a dual ajeneralahip, and hereditary in a partic-
ular family. The power* of government were co-ordinated
between the Gerousfa or council, the popular assembly, the lire
ephors, and two military commanders. The ephors were elected
annually, with powers analogous to the Roman tribunes* Roy*
alty at Sparta needs Qualification. The basnets commanded the
army, and in their capacity of chief priests offered the sacrifices
to the rods.
284 ANCtBNT SOCIET*

Athens rose rapidly into influence and distinction un-

der the new political system. That remarkable develop-
ment of genius and intelligence, which raised the Athen-
ians to the highest eminence among the historical nations
of mankind, occurred under the inspiration of democratic
institutions.
With the institution of political society under Cleis-
thenes, the gentile organization was laid aside as a por-
tion of the rags of barbarism. Their ancestors had lived
for untold centuries in gentilism, with which they had
achieved all the elements of civilization, including a writ-
ten language, as well as entered upon a civilized career.
The history of the gentile organization will remain as a
perpetual monument of the anterior ages, identified as it
has been with the most remarkable and extended expe-
rience of mankind. It must ever be ranked as one of the
most remarkable institutions of the human family.
In this brief and inadequate review the discussion has
been confined to the main course of events in Athenian
history. Whatever was true of the Athenian tribes will
be found substantially true of the remaining Grecian
tribes, though not exhibited on so broad or so grand a
scale. The discussion tends to render still more apparent
one of the main propositions advanced that the idea of
government in all the tribes of mankind has been a
growth through successive stages of development.
 CHAPTER XI
THE ROMAN GENS

When the Latins, and their congeners the Sabellians,

the Oscans and the Umbrians, entered the Italian penin-
sula probably as one people, they were in possession of
domestic animals, and probably cultivated cereals and
l
plants. At the least they were well advanced in the
i "During the period when the Indo-Germanic nations which
are now separated still formed one stock speaking the same
language, they attained a certain stage of culture, and they
had a vocabulary corresponding to it. This vocabulary the
several nations carried along with them, in its conventionally
established use, as a common dowry and a foundation for
further structures of their own. ... In this way we possess
evidence of the development of pastoral life at that remote
epoch in the unalterably Axed names of domestic animals; the
Sanskrit "gftus" is the Latin "bos," the Greek "bous"; Sanskrit
"avis," is the Latin "ovis." the Greek "ois;" Sanskrit "a^vas,"
Latin "equus," Greek "hippos," Sanskrit "haftsas." Latin "anser,"
Greek "chen;" ... on the other hand, we have as yet no certain
proofs of the existence of agriculture at this period. Language
rather favors the negative view." Mommsen's "History of
Rome," Dlckson's Trans., Scribner's ed., 1871, 1, 37. In a note
he remarks that "barley, wheat, and spelt were found growing
together Sn a wild state on the right bank of the Euphrates,
northwest from Anah. The growth of barley and wheat in a
wild state in Mesopotamia had already been mentioned by the
Babylonian historian, Berosus."
Fick remarks upon the same subject as follows: "While past-
urage evidently formed the foundation of primitive social life
we can find in it but very slight beginnings of agriculture.
They were acquainted to be sure with a few of the grains, but
the cultivation of these was carried on very incidentally in
order to gain a supply of milk and flesh. The material exist-
ence of the people rested in no way upon agriculture. This
becomes entirely clear from the small number of primitive
words which have reference to agriculture. These words are
"yava," wild fruit, "varka," hoe, or plow, "rava," sickle, to-
gether with "pio, plnsere" (to bake) and "mak," Gk. "masso,"
which vive indications of threshing out and grinding of grain."
Fick'a "Primitive Unity of Indo-European Languages, Gttt-
tinren,
**
1873, p. 280. See also "Chips From a German Work-
tintft 49
II
With 'reference to the possession of agriculture by the
Qraeco-Itftllc people, see Mommsen, i, p. 47, et seq.
MS ANCIENT SOCIETY

Middle Status of barbarism; and when they first came

under historical notice they were in the Upper Status,
and near the threshold of civilization.
The traditionary history of tjie Latin tribes, prior to the
time of Romulus, is much more scanty and imperfect than
that of the Grecian, whose earlier relative literary culture
and stronger literary proclivities enabled them to pre-
serve a larger proportion of their traditionary accounts.
Concerning their anterior experience, tradition did not
reach beyond their previous life on the Alban hills, and
the ranges of the Appenines eastward from the site of
Rome. For tribes so far advanced in the arts of life it
would have required a long occupation of Italy to efface
all knowledge of the country from which they came. In
the time of Romulus 1 they had already fallen by segmen-
tation into thirty independent tribes, still united in a loose
confederacy for mutual protection. They also occupied
contiguous territorial areas. The Sabellians, Oscans, and
Umbrians were in the same general condition ; their re-
spective tribes were in the same relations ; and their terri-
torial circumscriptions, as might have been expected, were
founded upon dialect. All alike, including their northern
neighbors the Etruscans, were organized in gentes, with
institutions similar to those of the Grecian tribes. Such
was their general condition when they first emerged from
behind the dark curtain of their previous obscurity, and
the light of history fell upon them.
Roman history has touched but slightly the particulars
of a vast experience anterior to the founding of Rome
(about 753 B. C.) The Italian tribes had then become
numerous and populous; they had become strictly agri-
cultural in their habits, possessed flocks and herds of
domestic animals, and had made great progress in the
arts of life. They had also attained the monogamian
family. All this is shown by their condition when first
made known to us ; but the particulars of their prqgress

i The use of the word Romulus, and of the names of his suc-
cessors, does not involve the adoption of the aneient Roman
traditions. These names personify the treat movements which
then took place with which we are chiefly concerned
 THE ROMAN GKNB f$7

from a lower to a higher state had, in the main, fallen

out of knowledge. They were backward in the growth
of the idea of government since the confederacy oi tribes
;

was still the full extent of their advancement. Although

the thirty tribes were confederated, it was in the nature
of a league for mutual defense, and neither sufficiently
close or intimate to tend to a nationality.
The Etruscan tribes were confederated; and the same
was probably true of the Sabellian, Oscan and Umbrian
tribes. While the Latin tribes possessed numerous forti-
fied towns and country strongholds, they were spread over
the surface of the country for agricultural pursuits, and
for the maintenance of their flocks and herds. Concentra-
tion and coalescence had not occurred to any marked ex-
tent until the great movement ascribed to Romulus which
resulted in the foundation of Rome. These loosely united
Latin tribes furnished the principal materials from which
the new city was to draw its strength. The accounts of
these tribes from the time of the supremacy of the chiefs
of Alba down to the time of Servius Tullius, were made
up to a great extent of fables and traditions but certain
;

facts remained in the institutions and social usages trans-

mitted to the historical period which tend, in a remark-
able manner, to illustrate their previous condition. They
are even more important than an outline history of act-
ual events.

Among the institutions of the Latin tribes existing at

the commencement of the historical period were the
gentes, curiae and tribes upon which Romulus and his
successors established the Roman power. The new gov-
ernment was not in all respects a natural growth; but
modified in the upper members of the organic series by
legislative procurement. The gentes, however, which
formed the basis of the organization, were natural
growths, and in the main either of common or cognate
lineage. That is, the Latin gentes were
of the same lin-
eage while the Sabine and other gentes, with the excep-
tion of the Etruscans, were of cognate descent In tne
time of Tarquinius Priscus, -the fourth in succession from
Romulus, the organization bad been brought to * nqm-
288 ANCIENT SOCIETY

erical scale,namely ten gentes to a curia, ten curiae to a

:

tribe, and three tribes of the Romans giving a total of

;

three hundred gentes integrated in one gentile society.

Romulus had the sagacity to perceive that a confeder-
acy of tribes, composed of gentes and occupying separate
areas, had neither the unity of purpose nor sufficient
strength to accomplish more than the maintenance of au
independent existence. The tendency to disintegration
counteracted the advantages of the federal principle.
Concentration and coalescence were the remedy proposed
by Romulus and the wise men of his time. It was a re-
markable movement for the period, and still more re-
markable in its progress from the epoch of Romul is to
the institution of political society under Servius Tuilius.
Following the course of the Athenian tribes and concen-
trating in one city, they wrought out in five generations
a similar and complete change in the plan of government,
from a gentile into a political organization.
It will be sufficient to remind the reader of the general
facts that Romulus united upon and around the Palatine
Hill a hundred Latin gentes, organized as a tribe, the
Ramnes; that by a fortunate concurrence of circum-
stances a large body of Sabines were added to the new
community whose gentes, afterwards increased to one
hundred, were organized as a second tribe, the Tities;
and that in the time of Tarquinius Priscus a third tribe,
the Luceres, had been formed, composed of a hundred
gentes drawn from surrounding tribes, including the
Etruscans. Three hundred gentes, in about the space of
a hundred years, were thus gathered at Rome, and com-
pletely organized under a council of chiefs now called the
Roman Senate, an assembly ofi the people now called the
comitia curiata, and one military commander, the rex;
and with one purpose, that of gaining a military ascend-
ency in Italy.
Under the constitution of Romulus, ^nd the subsequent
legislation of Servius Tuilius, the government was essen-
tiallya military democracy, because the military spirit
predominated in the government But it may be re-
nntrked in passing* that a new and antagonistic element.
 THE ROMAN GENS 280

the Roman senate, was now incorporated in the centre

of the social system, which conferred patrician rank upon
its members and their posterity. A privileged class was
thus created at a stroke, and intrenched first in the gentile
and afterwards in the political system, which ultimately
overthrew the democratic principles inherited from the
gentes. It was the Roman senate, with the patrician class
it created, that
changed the institutions and the destiny
of the Roman people, and turned them from a career,
analogous to that of the Athenians, to which their in- (

herited principles naturally and logically tended.

In its main features the new organization was a mas-
terpiece of wisdom for military purposes. It soon car-
ried them entirely beyond the remaining Italian tribes,
and ultimately into supremacy over the entire peninsula.
The organization of the Latin and other Italian tribes
into gentes has been investigated by Niebuhr, Hermann,
Mommsen, Long and others; but their several accounts
fall short of a clear and complete exposition of the struc-
ture and principles of the Italian gens. This is due in
part to the obscurity in which portions of the subject arc
enveloped, and to the absence of minute details in the
Latin writers. It is also in part due to a misconception,
0y some of the first named writers, of the relations of the
family to the gens. They regard the gens as composed ]

of families, whereas it was composed of parts of families;

so that the gens and not the family was the unit of the
social system. It may be difficult to carry the investiga-
tion much beyond the point where they have lef* it but ;

information drawn from the archaic constitution of the

gens may serve to elucidate some of its characteristics
which are now obscure.
Concerning the prevalence of the organization into
gentes among the Italian tribes, Niebuhr remarks as fol-
lows: "Should any one still contend that no conclusion
is to be drawn from the character of the Athenian
gen-
netes to that of the Roman gentiles, he will be bound to
show how an institution which runs through the whole
ancient world came to have a completely different char-
acter in Italy and in Greece Every body of citizens
 290 ANCIENT SOCIETY

was divided in this manner; the Gephyraeans and Sala-

minians as well as the Athenians, the Tusculans as well
as the Romans." l
Besides the existence of the Roman gens, it is desir-
able to know the nature of the organization; its rights,
privileges and obligations, and the relations of the gentes
,
to each other, as members of a social system. After
these have been considered, their relations to the curiae,
tribes, and resulting people of which they formed a part,
will remain for consideration in the next ensuing chapter.
After collecting the accessible information from various
sources upon these subjects it will be found incomplete
in many respects, leaving some of the attributes and func-
tions of the gens a matter of inference. The powers of
the gentes were withdrawn, and transferred to new po-
litical bodies before historical composition among the
Romans had fairly commenced. There was, therefore,
no practical necessity resting upon the Romans for pre-
serving the special features of a system substantially set
aside. Gaius, who wrote his Institutes in the early part
of the second century of our era, took occasion to remark
that the whole jus gentilicium had fallen into desuetude,
and that it was then superfluous to treat the subject. f
But at the foundation of Rome, and for several centuries
thereafter, the gentile organization was in vigorous
activity.
The Roman definition of a gens and of a gentilis, and
the line in which descent was traced should be presented
before? the characteristics of the gens are considered. In
thtTopics of Cicero a gentilis is defined as follows Those
:

are gentiles who are of the same name among themselves.

This is insufficient. Whowere born of free parents.
Even that is not sufficient. No one of whose ancestors
has been a slave. Something still is wanting. Who have
never suffered capital diminution. This perhaps mav do ;
for I am not aware that Scaevola, the Pontiff, addea any-
8
thing to this definition. There is one by Festus: "A

i "Htatory" of Rome." 1. c., I, 541, 245.

* "Int. fill, 17.
3 "Cicero, Topic* ft."
 THE ROMAN GENS 291

gentilis is described as one both sprung from the same

l
stock, and who is called by the same name." Also by
Varro : As from an Aemilius men are born Aemilii, and
gentiles; so from the name Aemilius terms are derived
2
pertaining to gentilism.
Cicero does not attempt to define a gens, but rather
to furnish certain tests bv which the right to the gentile
connection might be proved, or the loss of it be detected.
Neither of these definitions show the composition of a
gens that is, whether all, or a part only, of the descend-
;

ants of a supposed genarch were entitled to bear the gen-

tile name ; a part only, what part. With descent
and, if
in the male gens would include those only who
line the
could trace their descent through males exclusively and ;

if in the female line, then through females only. If lim-

ited to neither, then all the descendants would be included.
These definitions must have assumed that descent in the
male line was a fact known to all. From other sources
it appears that those only belonged to the
gens who could
trace their descent through its male members. Roman
genealogies supply this proof. Cicero omitted the mate-
rial fact that those were gentiles who could trace their
descent through males exclusively from an acknowledged
ancestor within the gens. It is in part supplied by Festus
and Varro. From an Aemilius, the latter remarks, men
are born Aemilii, and gentiles; each must be born of a
male bearing the gentile name. But Cicero's definition
also shows that a gentilis must bear the gentile name.
In the address of the Roman tribune Canuleius (445
B. C), on his proposition to repeal an existing law for-
bidding intermarriage between patricians and plebeians,
there is a statement implying descent in the male line.
For what else is there in the matter, he remarks, if a
patrician man shall wed a plebeian woman, or a plebeian
man a patrician woman ? What right in the end is there-
*
by changed ? The children surely follow the father,
A practical illustration, derived from transmitted gen-

i -Quoted in Smith*! "Die. Ok. & Bom. Antlq., Article, Gent,"

a -Varro. "P* Un*ua Z-atina," lib. viii, cap. 4.
3 Uvy, lib. ir, cap. 4.
$92 ANCIENT SOCIETY

tile names, will show conclusively that descent was in the

male line. Julia, the sister of Caius Julius Caesar, mar-
ried Marcus Attius Balbus. Her name shows that she
1
belonged to the Julian gens. Her daughter Attia, ac-
cording to custom, took the gentile name of her father
and belonged to the Attian gens. Attia married Caiua
Octavius, and became the mother of Caius Octavius, the
first Roman emperor. The son, as usual, took the gentile
name of his father, and belonged to the Octavian gens. *
After becoming emperor he added the names Caesar
Augustus.
In the Roman gens descent was in the male line from
Augustus back to Romulus, and for an unknown period
back of the latter. None were gentiles except such as
could trace their descent through males exclusively from
some acknowledged ancestor within the gens. But it was
unnecessary, because impossible, that all should be able
to trace their descent from the same common ancestor;
and much less from the eponymous ancestor.
It will be noticed that in each of the above cases, to
which a large number might be added, the persons mar-
ried out of the gens. Such was undoubtedly the general
usage by customary law.
'

The Roman gens was individualized by the following

rights, privileges and obligations:
I. Mutual rights of succession to the property of
deceased gentiles.
IT. The possession of a common burial place.
III. Common religious rites; sacra gentilicia.

i "When there was only one daughter In a family, she used

to be called from the name of the gens; thus, Tullla, the
daughter of dcero, Julia, the daughter of Caesar; Octavia, the
later of Augustus, etc.- and they retained the same name after
they were married. When there were two daughters, the one
was called Major and the other Minor. If there were more
than two, they were distinguished by their number: thus,
Prlraa. Secunda, Tertia, Quarta, Quinta, etc.; or more softly,
Tertulla, Quartllla, Quintilla. etc. During the flourishing
. . .

state of the republic, the names of the gentes, and surnames of

the families, always remained fixed and certain. They were
common to all the children of the family, and descended to
thetr posterity. But after the subversion of liberty they were
changed and confounded." AdAms's "Roman Antiquities/* Glas-
gow ed., 1825, p. 27.
a Suetonius, "Vit. Octavlanus," c. 3 and 4.
 THE ROMAN GENS 393

IV. The obligation not to marry in the gens.

V. The possession of lands in common.
VI. Reciprocal obligations of help, defense, and re-
dress of injuries.
VII. The
right to bear the gentile name.
VIII. The
right to adopt strangers into the gens.
IX. right to elect and depose its chiefs; query.
The
These several characteristics will be considered in the
order named.
1. Mutual rights of succession to the property of de-
ceased gentiles.
When the law of the Twelve Tables was promulgated
(451 C.)t the ancient rule, which presumptively dis-
13.

tributed the inheritance among the gentiles, had been

superseded by more advanced regulations. The estate of
an intestate now passed, first, to his sui heredes, that is,
to his children and, in default of children, to his lineal
;

descendants through males. * The living children took

equally, and the children of deceased sons took the share
of their father equally. It will be noticed that the inher-
itance remained -in the gens the children of the female
;

descendants of the intestate, who belonged to other gen-

tes, being excluded. Second, if there were no sui her-
edes, by the same law, the inheritance then passed to the
2
agnates. The agnatic kindred comprised all those per-
sons who could trace their descent through males from
the same common ancestor with the intestate. In virtue
of such a descent they all bore the same gentile name, fe-
males as well as males, and were nearer in degree to the
decedent than the remaining gentiles. The agnates near-
est in degree had the preference first, the brothers and
;

unmarried sisters; second, the paternal uncles and un-

married aunts of the intestate, and so on until the agnatic
relatives were exhausted. Third, if there were no agnates
of the intestate, the same law called the gentiles to the
8
inheritance. This seems at first sight remarkable; be-

i Galua, "Institutes," lib. ill, 1 and 2. The wife was a co-

heiress with the children.

&tV ub. in. n.

 soda**

cause the children of the intestate's sisters were excluded

from the inheritance, and the preference given to gentile
kinsmen so remote that their relationship to the intestate
could not be traced at all, and only existed in virtue of
an ancient lineage preserved by a common gentile name.
The reason, however, is apparent; the children of the
sisters of the intestate belonged to another gens, and the
gentile right predominated over greater nearness of con-
sanguinity, because the principle which retained the prop-
erty in the gens was fundamental. It is a plain infer-
ence from the law of the Twelve Tables that inheritance
began in the inverse order, and that the three classes of
heirs represent the three successive rules of inheritance ;
namely, first, the gentiles; second, the agnates, among
whom were the children of the decedent after descent was
changed to the male line and third, the children, to the
;

exclusion of the remaining agnates.

A female, by her marriage, suffered what was tech-
nically called a loss of franchise or capital diminution
(deminutio capitis), by which she forfeited her agnatic
rights. Here again the reason is apparent. If after her
marriage she could inherit as an agnate it would transfer
the property inherited from her own gens to that of her
husband. An unmarried sister could inherit, but a mar-
ried sister could not.
With our knowledge of the archaic principles of the
gens, we are enabled to glance backward to the time
when descent in the Latin gens was in the female line,
when property was inconsiderable, and distributed
among the gentiles; not necessarily within the life-time
of the Latin gens, for its existence reached back of the
period of their occupation of Italy. That the Roman
gens had passed from the archaic into its historical form
is partially indicated by the reversion of property in cer-
*
tain cases to the gentiles.

i A singular Question arose between the Marc ell I and Claudii,

two families of the Claudlan Kens, with respect to the estate
of the son of a freedman of the Marcelli; the former claiming
by right of family, and the latter by right of gens. The law of
tne Twelve Tables gave the estate of a freedman to his former
master, who by the act of manumission became his
provided he died Intestate, and without "sui heredes;
 &OMAN GEKS Mi
"The
right of succeeding to the property of members
who died without kin and intestate," Niebuhr remarks,
"was that which lasted the longest; so long indeed, as
to engage the attention of the jurists, and even' though
assuredly not as anything more than a historical ques-
tion that of Gaius, the manuscript of whom is unfor-
L
tunately illegible in this part/'
II. Acommon burial place.
The sentiment of gentilism seems to have been stronger
in the Upper Status of barbarism than in earlier condi-
tions, through a higher organization of society, and
through mental and moral advancement. Each gens usu-
ally had a burial place for the exclusive use of its mem-
bers as a place of sepulture. A few illustrations will ex-
hibit Roman usages with respect to burial.
Appius Claudius, the chief of the Claudian gens, re-
moved from Regili, a town of the Sabines, to Rome in
the time of Romulus, where in due time he was made a
senator, and thus a patrician. He brought with him the
Claudian gens, and such a number of clients that his ac-
cession to Rome was regarded as an important event.
Suetonius remarks that the gens received from the state
lands upon the Anio for their clients, and a burial place
for themselves near the capitol. 2 This statement seems
to imply that a common burial place was, at that time,
considered indispensable to a gens. The Claudii, having
abandoned their Sabine connectioh and identified them-
selves with the Roman people, received both a grant of

did not reach the case of the son of a freedman. The fact that
tne Claudii were a patrician family, and the Marcelli were not,
could not affect the question. The freedman did not acquire
gentile rights in his master's gens by his manumission, al-
though he was allowed to adopt the gentile name of his patron;
as Cicero's freedman, Tyro, was called M. Tullius Tyro. It is
not known how the case, which is mentioned by Cicero ("De
Orator e," 1, 39), and commented upon by Long (Smith's 4i Dtc.
Ok. & Rom. Antlq., Art. Gens"), and Niebuhr, was decided; but
the latter suggests that it was probably against the Claudii
("Hist, of Rome," i, 246, "note"). It is difficult to discover how
any claim whatever could be urged by the Claudii; or any by
the Marcelli, except through an extension of the patronal right
by judicial construction. It is a noteworthy case, because it
shows how strongly the mutual rights with respect to the In-
heritance of property were intrenched in the gens.
t "History of Rome," i, 242.
M Vit. Tiberius," cap. 1.
t -Suet.,
$96 ANCIENT SOCIETY

lands and a burial place for the gens, to place them in

equality of condition with the Roman gentes. The trans-
action reveals a custom of the times.
The family tomb had not entirely superseded that of
the gens in the time of Julius Caesar, as was illustrated
by the case of Quintilius Varus, who,, having lost his
army in Germany, destroyed himself, and his body fell
into the hands of the enemy. The half-burned body of
Varus, says Paterculus, was mangled by the savage ene-
emy his head was cut off, and brought to Maroboduus,
;

and by him having been sent to Caesar, was at length

honored with burial in the gentile sepulchre. 1
In his. treatise on the laws, Cicero refers to the usages
of his own times in respect to burial in the following
language now the sacredness of burial places is so great
:

that it is affirmed to be wrong to perform the burial in-

dependently of the sacred rites of the gens. Thus in the
time of our ancestors A. Torquatus decided respecting
the Popilian gens. 2 The purport of the statement is that
it was a religious
duty to bury the dead with sacred rites,
and when possible in land belonging to the gens. It fur-
ther appears that cremation and inhumation were both
practiced prior to the promulgation of the Twelve Tables,
which prohibited the burying or burning of dead bodies
within the city. 8 The columbarium, which would usual-
ly accommodate several hundred urns, was eminently
adapted to the uses of a gens. In the time of Cicero the
gentile organization had fallen into decadence, but cer-
tain usages peculiar to it had remained, and that respect-
ing a common burial place among the number. The fam-
ily tomb began to take the place of that of the gens, as
the families in the ancient gentes rose into complete au-
tonomy; nevertheless, remains of ancient gentile usages
with respect to burial manifested themselves in various
ways, and were still fresh in the history of the past.
III. Common sacred rites; sacra gentilicia.
The Roman sacra embody our idea of divine worship,

x "Vellelua Paterculus," 11, 119.

-"De Legr.," 11, 22.
3 Cicero, "De !>.," li, 23.
 THE ROMAN GENS |0f

and were either public or private. Religious rites per-

formed by a gens were called sacra privata, or sacra gen-
tilicia. They wer performed regularly at stated periods
*
by the gens. Cases are mentioned in which the ex-
penses of maintaining these rites had become a burden
in consequence of the reduced numbers in the gens. They
were gained and lost by circumstances, e. g., adoption
or marriage. 2 'That the members of the Roman gens
had common sacred rites," observes Niebuhr, "is well
known; there were sacrifices appointed for stated days
and places." 8 The sacred rites, both public and private,
were under pontifical regulation exclusively, and not sub-
*
ject to civil cognizance.
The religious rites of the Romans seem to have had
their primary connection with the gens rather than the
family. A college of pontiffs, of curiones, and of augurs,
with an elaborate system of worship under these priest-
hoods, in due time grew into form and became estab-
lished but the system was tolerant and free. The priest-
;

hood was in the main elective. 6 The head of every fam-

ily also was the priest of the household. The gentes of 6
the Greeks and Romans were the fountains from which
flowed the stupendous mythology of the classical world.
In the early days of Rome many gentes had each their
own sacellum for the performance of their religious rites.
Several gentes had each special sacrifices to perform,
which had been transmitted from generation to genera-
tion, and were regarded as obligatory; as those of the
Nautii to Minerva, of the Fabii to Hercules, and of the
Horatii in expiation of the sororicide committed by Ho-
7
ratius. It is sufficient for my purpose to have shown

i "There were certain sacred rites ("sacra gen tilicia") which

belonged to a gens, to the observance of which all the members
of a grens, as such, were bound, whether they were members by
birth, adoption or adrogration. A person was freed from the
observance of such "sacra," and lost tto privileges connected
with his gentile rights when he lost his gens/* Smith's "Die.
Antiq., Gens."
a C*cero, "Pro Domo," c. 13.
3 "History of Rome," 1, 241.
1
4 Cicero, "De Leg..' ii, 23.
5 "Dionysius," Ii, 22.
6 lb.. ii, 21.
7 NIebuhr's "History of Rome," i, 241.
lift Attctifttfr aociitfY

generally that each gens had its own religious rites as

one of the attributes of the organization.
IV, The obligation not to marry in the gens.
Gentile regulations were customs having the force of
law. The obligation not to marry in the gens was one
of the number. It does not appear to have been turned,
at a later day, into a legal enactment but evidence that
;

such was the rule of the gens appears in a number of

ways. The Roman genealogies show that marriage was
out of the gens, of which instances have been given.
This, as we have seen, was the archaic rule for reasons
of consanguinity. A woman by her marriage forfeited
her agnatic rights, to which rule there was no exception.
It was to prevent the transfer of property by marriage
from one gens to another, from the gens of her birth to
the gens of her husband. The exclusion of the children
of a female from all rights of inheritance from a ma-
ternal uncle or maternal grandfather, which followed,
was for the same reason. As the female was required
to marry out of her gens her children would be of the
gens of their father, and there could be no privity of in-
heritance between members of different g-entes.
V. The possession of lands in common.
The ownership of lands in common was so general
among barbarous tribes that the existence of the same
tenure among the Latin tribes is no occasion for surprise.
A portion of their lands seems to have been held in sev-
erally by individuals from a very early period. No time
can be assigned when this was not the case ; but at first
it was probably the possessory right to lands in actual

occupation, so often before referred to, which was rec-

ognized as far back as the Lower Status of barbarism.
Among therustic Latin tribes, lands were held in com-
mon by each tribe, other lands by the gentes, and still
other by households*
Allotments of lands to individuals became common at
Rome in the time of Romulus, and afterwards quite gen-
eral. Varro and Dionysius both state that Romulus al-
lotted two jugera (about two and a quarter acres) to
 *if ROHAN

each man. 1 Similar allotments are said to have been

afterwards made by Numa and Servius Tullius. They
were the beginnings of absolute ownership in severalty,
and presuppose a settled life as well as a great advance-
ment in intelligence. It was not only admeasured but
granted by the government, which was very different
from a possessory right in lands growing out of an indi-
vidual act. The idea of absolute individual ownership of
land was a growth through experience, the complete at-
tainment of which belongs to the period of civilization.
These lands, however, were taken from those held in com-
mon by the Roman people. Gentes, curiae and tribes held
certain lands in common after civilization had com-
menced, beyond those held by individuals in severalty.
Mommsen remarks that "the Roman territory was di-
vided in the earliest times into a number of clan-districts,
which were subsequently employed in the formation of
the earliest rural wards (tribus rusticae) These
names are not, like those of the districts added at a later
period, derived from the localities, but are formed with-
out exception from the names of the clans." * Each gens
held an independent district, and of necessity was local-
ized upon it This was a step in advance, although it
was the prevailing practice not only in the rural districts,
but also in Rome, for the gentes to localize in separate
areas. Mommsen further observes "As each household
:

had its own portion of land, so the clan-household or

village, had clan-lands belonging to it, which, as will aft-
erwards be shown, were managed up to a comparatively
late period after the analogy of house-lands, that is, on
the system of joint possession These clanships, how-
ever, were from the beginning regarded not as independ-
ent societies, but as integral parts of a political com-
munity (civitas populi). This first presents itself as an
aggregate of a number of clan-villages of the same stock,
language and manners, bound fo mutual observance of

i Varro, "De He Ruatlca," lib. cap. 10.

i,

"HUtory of Rome/ 9
82.
1, He names the Camilla. GaUrlt,
"1. Pollll. Puplnil. Voltlnii, A em 11 11, Cornell!, Fabll, Ho-
enenll, Paplrll, Romllll, Serylt, Vcturll.-Ib. f p. ft.
SdO AKClENT SOCIETY

law and mutual legal redress and to united action in ag-

gression and defense."
l
Clan is here used by Momm-
sen, or his translator, in the place of gens, and elsewhere
canton is used in the place of tribe, which are the more
singular since the Latin language furnishes specific terms
for these organizations which have become historical.
Mommsen represents the Latin tribes anterior to the
founding of Rome as holding lands by households, by
gentes and by tribes; and he further shows the ascend-
ing series of social organizations in these tribes a com-
;

parison of which with those of the Iroquois, discloses

their close parallelism, namely, the gens, tribe and con-
8
federacy. The phratry is not mentioned although it
probably existed. The household referred to could
scarcely have been a single family. It is not unlikely that
it was composed of related families who occupied a joint-

i "History of Rome," i, 63.

a "A fixed local centre was quite as necessary In the case of
such a canton as in that of a clanship; but as the members of
the clan, or, in other words, the constituent elements of the
canton dwelt in villages, the centre of the canton can-
not have been a town or place of joint settlement in the
strict sense. It must, on the contrary, have been simply a
place of common assembly, containing the seat of justice and
the common sanctuary of the canton, where the members of
the canton met every eighth day for purposes of intercourse and
amusement, and where, in case of war, they obtained a safer
shelter fir themselves and their cattle than in the villages; in
ordinary circumstances this place of meeting was not at all or
but scantily inhabited. . . These cantons accordingly, having
their rendezvous in some stronghold, and including a certain
number of clanships, form the primitive political unities with
which Italian history begins. . .All af these cantons were In
.

primitive times politically sovereign, and each of them was

governed by its prince with the co-operation of the council of
elders and the assembly of warriors. Nevertheless the feeling
of fellowship based on community of descent and of language
not only pervaded the whole of them, but manifested itself In
an important religious and political institution the perpetual
league of the collective Latin cantons." "Hist, of Rome," i, 64-
66. The statement that the canton or tribe was governed by
its prince with the co-operation of the council, etc., is a re-
versal of the correct statement, and therefore misleading. We
must suppose that the military commander held an elective
office, and that he was deposable at the pleasure of the constit-
uency who elected him. Further than this, there is no groumd
for assuming that he possessed any civil functions. It is a
reasonable, if not a necessary conclusion, therefore, that the
tribe was governed by a council composed of the chiefs of the
gentes, and by an assembly of the warriors, with the co-opera*
tlon of a general military commander, whose functions were
exclusively military. It was a government of three powers,
common in the Upper Status of barbarism, and identified with
institutions essentially democratlcal.
 THE ROMAN GENS 801

tenement house, and practiced communism in living in

the household,
VI. Reciprocal obligations of help, defense and redress
of injuries.
During the period of barbarism the dependence of
the gentiles upon each other for the protection of personal
rights would be constant; but after the establishment of
political society, the gentilis, now a citizen, would turn
to the law and to the state for the protection before
administered by his gens. This feature of the ancient
system would be one of the first to disappear under the
new. Accordingly but slight references to these mutual
obligations are found in the early authors. It does not
follow, however, that the gentiles did not practice these
duties to each other in the previous period on the ;

contrary, the inference that they did is a necessary one

from the principles of the gentile organization. Remains
of these special usages appear, under special circumstan-
ces, well down in the historical period. When Appius
Claudius was cast into prison (about 432 B. C), Caius
Claudius, then at enmity with him, put on mourning, as
well as the whole Claudian gens. * A calamity or disgrace
falling upon one member of the body was felt and shared
by all. During the second Punic war, Niebuhr remarks,
"the gentiles united to ransom their fellows who were in
captivity, and were forbidden to do it by the senate. This
2
^obligation is fin essential characteristic of the gens."
In the case of Camillus, against whom a tribune had
lodged an accusation on account of the Veientian spoil,
he summoned to his house before the day appointed for
his trial his tribes-men and clients to ask their advice,
and he received for an answer that they would collect
whatever sum he was condemned to pay; but to clear
8
him was impossible. The active principle of gentilism
is plainly illustrated in these cases. Niebuhr further re-
marks that the obligation to assist their indigent gentiles
*
rested on the members of the Roman gens.
i -Livy, vi, 20.
a "History of Rome," i, 242.

4 "History of 'Rome/' i, 242: citing Dionysius, li, 10.

H|| ANCIENT SOCIfiTt

VII. The right to bear the gentile name.

This followed necessarily from the nature of the gens.
All such persons as were born sons or daughters of a male
member of the gens were themselves members, and of
right entitled to bear the gentile name. In the lapse of
time it was found impossible for the members of a gens
to trace their descent back to the founder, and, conse-
quently, for different families within the gens to find their
connection through a later common ancestor. Whilst this
inability proved the antiquity of the lineage, it was no
evidence that these families had not sprung from a remote
common ancestor. The fact that persons were born in the
gens, and that each could trace his descent through a
series of acknowledged members of the gens, was
sufficientevidence of gentile descent, and strong evidence
of the blood connection of all the gentiles. But some
*
investigators, Niebuhr among the number, have denied
the existence of any blood relationship between the
families in a gens, since they could not show a connec-
tion through a common ancestor. This treats the gens as
a purely fictitious organization, and is therefore unten-
able. Niebuhr's inference against a blood connection
from Cicero's definition is not sustainable. If the right
of a person to bear the gentile name were questioned,
proof of the right would consist, not in tracing his
descent from the genarch, but from a number of acknowl-
edged ancestors within the gens. Without written records
the number of generations through which a pedigree
might be traced would be limited. Few families in the
same gens might not be able to find a common ancestor,
but it would not follow that they were not of common
descent from some remote ancestor within the gens.1
After descent was changed to the male line the ancient
names of the gentes, which not unlikely were taken' from

i "History of Rome/' i, 140.

a "Nevertheless, affinity in blood always appeared to the
Romans to lie at the root of the connection betwean the mem*
bers of the clan, and still more between those of a family; and
the Roman community can only have interfered with these
groups to a limited extent consistent with the retention of
their fundamental character of aAnity/'~Mommsen's "History
of Rome/' i, IDS.
 THE ROHAN GBN8 Ml
1
animals, or inanimate objects, gave place to personal
names. Some
individual, distinguished in the history of
the gens, became its eponymous ancestor, and this person,
as elsewhere suggested, was not unlikely superseded by
another at long intervals of time. When a gens divided
in consequence of separation in area, one division would
be apt to take a new name but such a change of name
,

would not disturb the kinship upon which the gens was
founded. When it is considered that the lineage of the
Roman gentes, under changes of names, ascended to the
time when the Latins, Greeks and Sanskrit speaking
people of India were one people, without reaching its
source, some conception of its antiquity may be gained.
The loss of the gentile name at any time by any individual
was the most improbable of all occurrences consequently
;

its possession was the highest evidence that he shared

with his gentiles the same ancient lineage. There was
one way, and but one, of adulterating gentile descent,
namely: by the adoption of strangers in blood into the
gens. This practice prevailed, but the extent of it was
small. If Niebuhr had claimed that the blood relationship
of the gentiles had become attenuated by lapse of time to
an inappreciable quantity between some of them, no
objection could be taken to his position; but a denial of
all relationship which turns the gens into a fictitious

aggregation of persons, without any bond of union,

controverts the principle upon which the gens came into
existence, and which perpetuated it through three entire
ethnical periods.
Elswhere I have called attention to the fact that the
gens came in with a system of consanguinity which
reduced all consanguine! to a small number of categories,
and retained their descendants indefinitely in the same.
The relationships of persons were easily traced, no matter

i It is a curious fact that Cleisthenes of Argos changed the

ties of the three Dorian tribes of Sicvon, one to Hyato.
itifying in the singular "a boar;" another to Oneats*, sif-
jring "an ass," and a third to Choereata, signifying "a little
r." They were intended as an insult to the Sicyonians; but
remained during his lifetime, and for sixty years after--
Didjthe Idea of these anir
Grote's "History
 ||{||'
ANCIENT SOCIETY

how remote their actual common ancestor. In an

Iroquois gens of five hundred persons, all its members
are related to each other and each person knows rr cyi
find his relationship to every other so that the fact of kin
;

was perpetually present in the gens of the archaic period.

With the rise of the monogamian family, a new and
totally different system of consanguinity came in, under
which the relationships between collaterals soon disap-
peared. Such was the system of the Latin and Grecian
tribes at the commencement of the historical period. That
which preceded it was, presumptively at least, Turanian,
under which the relationships of the gentiles to each
other would have been known.
After the decadence; of the gentile organization com-
menced, new gentes ceased to form by the old process of
segmentation and some of those existing died out. This
;

tended to enhance the value of gentile descent as a

lineage. In the times of the empire, new families were
constantly establishing themselves in Rome from foreign
parts, and assuming gentile names to gain social ad-
vantages.. This practice being considered an abuse, the
Emperor Claudius (A. D. 40-54) prohibited foreigners
from assuming Roman names, especially those of the
ancient gentes.
1
Roman families, belonging to the
historical gentes, placed the highest value upon their
lineages both under the republic and the empire.
All the members of a gens were free, and equal in their
rights and privileges, the poorest as well as the richest,
the distinguished as well as the obscure and they shared
;

equally in whatever dignity the gentile name conferred

which they inherited as a birthright. Liberty, equality
and fraternity were cardinal principles of the Roman
gens, not less certainly than of the Grecian, and of the
American Indian.
VIII. The
right of adopting strangers in blood into the
gens.
In the times of the republic, and also of the empire,
,
adoption into the family, which carried the person into the

i Sueton., "Vit. Claudius/' cap. 26.

 THE ROMAN GENS gg
gtns of the family, was practiced but it was attended
;

with formalities which rendered it difficult A person who

had no children, and who was past the age to expect
tfcem, might adopt a son with the consent of the pontifices,
and of fhe comitia curiata. The college of pontiffs were
entitled to be consulted lest the sacred rites of the family,
from which the adopted person was taken, might thereby
be impaired l as also the assembly, because the adopted
:

person would receive the gentile name, and might inherit

the estate of his adoptive father. From the precautions
which remained in the time of Cicero, the inference is
reasonable that under the previous system, which was
purely gentile, the restrictions must have been greater
and the instances rare. It is not probable that adoption
in the early period was allowed without the consent of the
genr, and of the curia to which the gens belonged; and
if so, thenumber adopted must have been limited. Few
details remain of the jancient usages with respect to
adoption:
IX. The right of electing and deposing its chiefs; query.
The incompleteness of our knowledge of the Roman
gentes is shown quite plainly by the absence of direct
information with respect to the tenure of the office of
chief (princeps). Before the institution of political
society each gens had its chief, and probably more than
one. When the office became vacant it was necessarily
filled, either by the election of one of the gentiles, as
among the Iroquois, or taken by hereditary right. But
the absence of any proof of hereditary right, and the
presence of the elective principle with respect to nearly
afl offices under the republic, and before that, under the

reges, leads to the inference that hereditary right was

alien to the institutions of the Latin tribes. The highest
office, that of rex, was elective, the office of senator was
elective or by appointment, and that of consuls and of
inferior magistrates. It varied with respect to the college
of pontiffs instituted by Numa. At first the pontiffs
themselves filled vacancies by election. Livy speaks of

s *
"Pro Porno," cap. IS.
306 ANCIENT SOCIETY

the election of a pontifex maximus by the comitia about

212 B. C 1
By the lex Domitia the right to elect the
members of the several colleges of pontiffs and of priests
was transferred to the people, but the law was subsequent-
f
ly modified by Sulla. The active presence of the elective
principle among the Latin gentes when they first come
under historical notice, and from that time through the
period of the republic, furnishes strong grounds for the
inference that the office of chief was elective in tenure.
The democratic features of their social system, which
present themselves at so many points, were inherited
from the gentes. It would require positive evidence that
the office of chief passed by hereditary right to over-
come the presumption against it. The right to elect car-
ries with it the right to depose from office, where the
tenure is for life.
These chiefs, or a selection from them, composed the
council of the several Latin tribes before the founding
of Rome, which was the principal instrument of govern-
ment. Traces of the three powers co-ordinated in the
government appear among the Latin tribes as they did
in the Grecian, namely the council of chiefs, the assembly
:

of the people, to which we must suppose the more im-

portant public measures were submitted for adoption or
rejection, and the military commander. Mommsen re-
marks that "All of these cantons [tribes] were in primi-
tive times politically sovereign, and each of them was
governed by its prince, and the co-operation of the coun-
*
cil of elders, and the assembly of the warriors." The
order of Mommsen's statement should be reversed, and
the statement qualified. This council, from its functions
and from its central position in their social system, of
which it was a growth, held of necessity the supreme
power in civil affairs. It was the council that governed,
and not the military commander. "In all the cities be-
longing to civilized nations on the coasts, of the Mediter-
ranean," Niebuhr observes, "a senate was a no less es-

i Livjr. xxv, 6.
Smith'* "Die,, Art. Pontlfox."
3 "Htitory of Rome,*' 1, 66.
 THE ROMAN GENS 307

sential and .indispensable part of the state, than a popular

it was a select
assembly; body of elder citizens; such a
council, says Aristotle, there always is, whether the coun-
cil be aristocratical or democratical even in oligarchies,
;

be the number of sharers in the sovereignty ever so small,

certain councilors are appointed for preparing public
l
measures/' The
senate of political society succeeded
the council of chiefs of gentile society. Romulus formed
the first Roman senate of a hundred elders and as there ;

were then but a hundred gentes, the inference is substan-

tially conclusive^that they were the chiefs of these gentes.
The office was for life, and non-hereditary whence the ;

final inference, that the office of chief was at the time

elective. Had it 'been otherwise there is every proba-
bility that the Roman senate would have been instituted
as an hereditary bodv. Evidence of the essentially demo-
cratic constitution of ancient society meets us at many
points, which fact has failed to find its way into the mod-
ern historical expositions of Grecian and Roman gentile
society.
With respect to the number of persons in a Roman
gens, we are fortunately not without some information.
About 474 B. C. the Fabian gens proposed to the senate
to undertake the Veientian war as a gens, which they
J
said required a constant rather than a large force.
Their offer was accepted, and they marched out of Rome
three hundred and six soldiers, all patricians, amid the
8
applause of their countrymen. After a series of suc-
cesses they were finally cut off to a man through an am-
buscade. But they left behind them at Rome a single
male under the age of puberty, who alone remained to
perpetuate the Fabian gens.* It seems hardly credible
that three hundred should have left in their families but
a single male child, below the age of puberty, but such

i Ib., 1, 258.
Llvy. 11. 48.

4 Treccntos sex pertsse sails convenlt: unum prope pubescent

aeiaie rellctum stirpem genie Fabiae, dublisque rebut populi
Romanl sepe doml belllque yel maximum futurum auxillum,-
II, Bli; and M* Ovid, "Fasil," II,
m.
406 ANCIENT SOCIETY

is the statement. This number of persons would indicate

an equal number of females, who, with the children of
the males, would give an aggregate of at least seven hun-
dred members of the Fabian gens.
Although the rights, obligations and functions of the
Roman gens have been inadequately presented, enough
has been adduced to show that this organization was the
source of their social, governmental and religious activi-
ties. As the unit of their social system it projects its
character upon the higher organizations into which it
entered as a constituent. A much fuller knowledge of
the Roman gens than we now possess is essential to a
full comprehension of Roman institutions in their origin
and development.
 CHAPTER XII
THE ROMAN CURIA, TRIBE AND POPULUS

Having considered the Roman gens, it remains to take

up the curia composed of several gentes, the tribe com-
posed of several curiae, and lastly the Roman people com-
posed of several tribes. In pursuing the subject the in-
quiry will be limited to the constitution of society as it
appeared from the time of Romulus to that of Servius
Tullius, with some notice of the changes which occurred
in the early period of the republic while the gentile sys-
tem was giving way, and the new political system was
being established.
It will be found that two governmental organizations
were in existence for a time, side by side, as among the
Athenians, one going out and the other coming in. The
first was a society (societas), founded upon the gentes;
and the other a state (civitas), founded upon territory
and upon property, which was gradually supplanting the
former. A government in a transitional stage is neces-
sarily complicated, and therefore difficult to be under-
stood. These changes were not violent but gradual, com-
mencing with Romulus and substantially completed,
though not perfected, by Servius Tullius; thus embrac-
ing a supposed period of nearly two hundred years,
crowded with events of great moment to the infant com-
monwealth. In order to follow the history of the gentes
to the overthrow of their influence in the state it will be
necessary, after considering the curia, tribe and nation,
to explain briefly the new political system. The last will
form the subject of the ensuing chapter.
 10 ANCIENT SOCIETY

Gentile society among the Romans exhibits four stages

of organization first, the gens, which was a body of con-
:

$aneuinei and the unit of the social system ; second, the

curia, analogous to the Grecian phratry, which consisted
of ten gentes united in a higher corporate body; third,
Ac tribe, consisting of ten curise, which possessed some
of the attributes of a nation under gentile institutions;
and fourth, the Roman people (Populus Romanus), con-
sisting, in the time of Tullus Hostilius, of three such
tribes united by coalescence in one gentile society, em-
bracing three hundred gentes. There are facts warrant-
ing the conclusion that all the Italian tribes were simi-
larly organized at the commencement of the historical
period ; but with this difference, perhaps, that the Roman
curia was a more advanced organization than the Grecian
phratry, or the corresponding phratry of the remaining
Italian tribes; and that the Roman tribe, by constrained
enlargement, became a more comprehensive organization
than in the remaining Italian stocks. Some evidence in
support of these statements will appear in the sequel.
Before the time of Romulus the Italians, in their var-
ious branches, had become a numerous people. The
large number of petty tribes, into which they had be-
come subdivided, reveals that state of unavoidable disin-
tegration which accompanies gentile institutions. But
the federal principle had asserted itself among the other
Italian tribes as well as the Latin, although it did not
result in any confederacy that achieved important results.
Whilst this state of things existed, that great movement
ascribed to Romulus occurred, namely the concentration
:

of a hundred Latin gentes on the banks of the Tiber,

which was followed by a like gathering of Sabine, Latin
and Etruscan and other gentes, to the additional number
of two hundred, ending in their final coalescence into
one people. The foundations of Rome were thus laid,
and Roman power and civilization were to follow* It
was this consolidation of gentes and tribes under one
government, commenced by Romulus and completed by
his successors, that prepared the way for the new po-
litical lyitem for the transition from a government
 THE ROMAN CURIA, TRIBE AND POPULUS $||
\

based upon persons and upon personal relations, into one

based upon territory and upon property.
It is immaterial whether either of the seven so-called

kings of Rome were real or mythical persons, or whether

the legislation ascribed to either of them is fabulous or
true, so far as this investigation is concerned: because
the facts with to the ancient constitution of Latin
respect
society remained incorporated in Roman institutions, and
thus came down to the historical period. It fortunately
so happens that the events of human progress embody
themselves, independently of particular men, in a material
record, which is crystallized in institutions, usages and
customs, and preserved in inventions and discoveries.
Historians, from a sort of necessity, give to individuals
great prominence in the production of events ; thus plac-
ing persons, who are transient, in the place of principles,
which are enduring. The work of society in its totality,
by means of which all progress occurs, is ascribed far
too much to individual men, and far too little to the pub-
lic intelligence. It will be recognized generally that the
substance of human history is bound up in the growth
of ideas, which are wrought out by the people and ex-
pressed in their institutions, usages, inventions and dis-
coveries.
The numerical adjustment, before adverted to, of ten
gentes to a curia, ten curiae to a tribe, and three tribes
of the Roman people, was a result of legislative procure-
ment not older, in the first two tribes, than the time of
Romulus. It was made possible by the accessions gained
from the surrounding tribes, by solicitation or conquest ;
the fruits of which were chiefly incorporated in the Titics
and Luceres, as they were successively formed. But such
a precise numerical adjustment could not be permanently
maintained through centuries, especially with respect to
the number of gentes in each curia.
We have seen that the Grecian phratry was rather a
religious and social than a governmental organization.
Holding an intermediate position between the gens and
the tribe, it would be less important than either, until
governmental functions were superadded. It appears
8lfi ANCIENT SOCIETY

among the Iroquois in a rudimentary form, its social as

distinguished from its governmental character being at
that early day equally well marked. But the Roman
curia, whatever it may have been in the previous period,
grew into an organization more integral and govern-
mental than the phratry of the Greeks; more is known,
however, of the former than of the latter. It is probable
that the gentes comprised in each curia were, in the main,
related gentes; and that their reunion in a higher or-
ganization was further cemented by inter-marriages, the
gentes of the same curia furnishing each other with
wives.
The early writers give no account of the institution of
the curia but it does not follow 'that it was a new crea-
;

tion by Romulus. It is first mentioned as a Roman in-

stitution in connection with his legislation, the number
of curia in two of the tribes having been established in
his time. The organization, as a phratry, had probably
existed among the Latin tribes from time immemorial.
Livy, speaking of the favor with which the Sabine
women were regarded after the establishment of peace
between the Sabines and Latins through their interven-
tion, remarks that Romulus, for this reason, when he had
divided the people into thirty curiae bestowed upon them
1
their names. Dionysius uses the term phratry as the
8
equivalent of curia, but gives the latter also, and ob-
serves further, that Romulus divided the curiae into dec-
8
ades, the ten in each being of course gentes. In like
manner Plutarch refers to the fact that each tribe con-
tained ten curiae, which some say, he remarks, were called
4
after the Sabine women. He is more accurate in the
use of language than Livy or Dionysius in saying that
each tribe contained ten curiae, rather than that each was
divided into ten, because the curiae were made of gentes
as original unities, and not the gentes out of a curia by
subdivision. The work performed by Romulus was the

i - Livy. i, is.
a -Dionya., "Antlq. of Rome/' IJ, 7.
3 Dionys., 11, 7.
4 Plutarch, "Vit. Romulus," cap. 20.
 THE ROMAN CURIA, TRIBE AND POPULUS 31$

adjustment of the number of gentes in each curia, and

the number of curiae in each tribe, which he was enabled
to accomplish through the accessions gained from the
surrounding tribes. Theoretically each curia should have
been composed of gentes derived by segmentation from
one or more gentes, and the tribe by natural growth
through the formation of more than one curia, each com-
posed of gentes united by the bond of a common dialect
The hundred gentes of the Ramnes were Latin gentes.
In their organization into ten curiae, each composed of
ten gentes, Romulus undoubtedly respected the bond of
kin by placing related gentes in the same curia, as far
as possible, and then reached numerical symmetry by
arbitrarily taking the excess of gentes from one natural
curia to supply the deficiency in another. The hundred
gentes of the tribe Titles were, in the main, Sabine gen-
tes. These were also arranged in ten curiae, and most
likely on the same principle. The third tribe, the Luceres,
was formed later from gradual accessions and conquests.
It was heterogeneous in its elements, containing, among
others, a number of Etruscan gentes. They were brought
into the same numerical scale of ten curiae each composed
of ten gentes. Under this re-constitution, while the gens,
the unit of organization, remained pure and unchanged,
the curia was raised above its logical level, and made to
include, in some cases, a foreign element which did not
belong to a strict natural phratry and the tribe also was
1

raised above its natural level, and made to embrace for-

eign elements that did not belong to a tribe as the tribe
naturally grew. By this legislative constraint the tribes,
with their curiae and gentes, were made severally equal,
while the third tribe was in good part an artificial crea-
tion under the? pressure of circumstances. The linguistic
affiliations of the Etruscans are still a matter of discus-
sion. There is a presumption that their dialect was not
wholly unintelligible to the Latin tribes, otherwise they
would not have been admitted into the Roman social sys-
tem, which at the time was purely gentile. The numer-
ical proportions thus secured, facilitated the governmental
action of the society as a whole.
IU ANClKN'f SOCIETY

Niebuhr, who was the first to gain a true conception

of the institutions of the Romans in this period, who rec-
ognized the fact that the people were sovereign, that the
so-called kings exercised a delegated power, and that the
senate was based on the principle of representation, each
gens having a senator, became at variance with the facts
before him in stating in connection with this graduated
scale, that "such numerical proportions are an irrefragi-
ble proof that the Roman houses [gentes]
l
were not
more ancient than the constitution; but corporations
formed 'by a legislator in harmony with the rest of his
*
scheme." That a samll foreign element was forced into
the curiae of the second and third tribes, and particularly
into the third, is undeniable but that a gens was changed
;

in its composition or reconstructed or made, was simply

impossible. A
legislator could not make a gens neither
;

could he make a curia, except by combining existing

gentes around a nucleus of related gentes but he might
;

increase or decrease by constraint the number of gentes

in a curia, and increase or decrease the number of curiae
in a tribe. Niebuhr has also shown that the gens was
an ancient and universal organization among the Greeks
and Romans, which renders his preceding declaration the
more incomprehensible. Moreover it appears that the
phratry was universal, at least among the Ionian Greeks,
leaving it probable that the curia, perhaps under another
name, was equally ancient among the Latin tribes. The
numerical proportions referred to were no doubt the
result of legislative procurement in the time of Romulus,
and we have abundant evidence of the sources from
which the new gentes were obtained with which these
proportions might have been produced.
The members of the ten gentes united in a curia were
called curiales among themselves. They elected a priest,
curio, who was the chief officer of the fraternity. Each
curia had its sacred rites, in the observance of which the

x Whether Niebuhr used the word "house" In the place of

ens, or a conceit of the translators, I am unable to state,
it is
'htrlwall, one of the translators, applies this term frequently
o the Grecian gens, which at best is objectionable.
a "History of Rome," i, 244.
 THE ROMAN CURtA, TRIBE AND POPULUS ftf

brotherhood participated its sacellum as a place

; of wor-
ship, and its place of assembly where they met for the
transaction of business. Besides the curio, who had the
principal charge of their religious affairs, the curiales
also elected an assistant priest, flamen curialis, who had
the immediate charge of these observances. The curia
gave its name to the assembly of the gentes, the comitia
curiata, which was the sovereign power in Rome to a
greater degree than the senate under the gentile system.
Such, in general terms, was the organization of the Ro-
man curia or phratry. *
Next in the ascending scale was the Roman tribe, com-
posed of ten curiae and a hundred gentes. When a nat-
ural growth, uninfluenced externally, a tribe would be an
aggregation of such gentes as were derived by segmen-
tation from an original gens or pair of gentes; all the
members of which would speak the same dialect. Until
the tribe itself divided, by processes before pointed out,
it would include all the descendants of the members of

these gentes. But the Roman tribe, with which alone we

are now concerned, was artificially enlarged for special
objects and by special means, but the basis and body of
the tribe was a natural growth.
i Dionysius has given a definite and circumstantial analysis
of the or sanitation ascribed to Romulus, although a portion of
It seems to belong; to a later period. It is interesting: from the
parallel he runs between the gentile institutions of the Greeks,
with which he was equally familiar, and those of the Romans.
In the first place, he remarks. I will speak of the order of his
polity which I consider the most sufficient of all political ar-
rangements in peace, and also in time of war. It was as fol-
lows: After dividing the whole multitude into three divisions,
he appointed the most prominent man as a leader over each of
the divisions; in the next place dividing each of the three again
Into ten, he appointed the bravest men leaders, having equal
rank; and he called the greater divisions tribes, and the less
curiss, as they are also still called according to usage. And
these names interpreted In the Greek tongue would be the
"trlbus," a third part, a phyle; the "curia." a phratry. and also
a band; and those men who exercised the leadership of the
tribes were both phylarchs and trlttyarchs, whom the Romans
call tribunes; and those who had the command of the curl*
both phratriarchs and lochagol, whom they call curiones. And
the phratrles were also divided into decades, and a leader call-
ed in common parlance a decadarch had command of each. And
when all had been arranged into tribes and phratries, he di-
vided the land Into thirty equal shares, and gave one full share
to each phratry, selecting a sufficient portion for religious fest-
ivals and temples, and leaving a certain piece of ground for
common use. "Anttq. of Rome?* II, T.
SI* ANCIENT SOCIETY

Prior to the time of Romulus each tribe elected a chief

officer whose duties were magisterial, military and relig-
ious.
1
He performed in the city magisterial duties for
the tribe, as well as administered its sacra, and he also
commanded its military forces in the field. * He was
probably elected by the curiae collected in a general as-
sembly; but here again pur information is defective.
It was undoubtedly an ancient office in each Latin tribe,
peculiar in character and held by an elective tenure. It
was also the germ of the still higher office of rex, or gen-
eral military commander, the functions of the two offices
being similar. The tribal chiefs are styled by Dionysiua
leaders of the tribes. * When the three Roman tribes
had coalesced into one people, under one senate, one as-
sembly of the people, and one military commander, the
office of tribal chief was overshadowed and became less
important; but the continued maintenance of the office
by an elective tenure confirms the inference of its orig-
inal popular character.
An assembly of the tribe must also have existed, from
a remote antiquity. Before the founding of Rome each
Italian tribe was practically independent, although the
tribes were more or less united in confederate relations.
As a self-governing body each of these ancient tribes had
its council of chiefs (who were doubtless the chiefs of
the gentes) its assembly of the people, and its chiefs who
commanded its military bands. These three elements in
the organization of the tribe ; namely, the council, the
tribal chief, and the tribal assembly, were the types upon
which were afterwards modeled the Roman senate, the
Roman rex, and the comitia curiata. The tribal chief
was in all probability called by the name of rex before
the founding of Rome ; and the same remark is applica-
ble to die name of senators (senex), and the comitia
(con-ire). The inference arises, from what is known of
the condition and organization of these tribes, that their
institutions were essentially democratical. After the

7.
 THE ROMAN CURIA, TRIBE AW POPULUS 817

coalescence of the three Roman tribes, the national char-

acter of the tribe was lost in the higher organization;
but it still remained as a necessary integer in the organic
series.
The fourth and last stage of organization was the Ro-
man nation or people, formed, as stated, by the coales-
cence of three tribes. Externally the ultimate organiza-
tion was manifested by a senate (scnatus), a popular as-
sembly (comitia curiata), and a general military com-
mander (rex}. It was further manifested by a city mag-
istracy, by an army organization, and by a common na-
tional priesthood of different orders. l
A powerful city organization was from the first the
central idea of their governmental and military systems,
to which all areas beyond Rome remained provincial.
Under the military democracy of Romulus, under the
mixed democratical and aristocratical organization of the
republic, and under the later imperialism it was a govern-
ment with a great city in its centre, a perpetual nucleus,
to which all additions by conquest were added as incre-
ments, instead of being made, with the city, common
constituents of the government. Nothing precisely like
this Roman organization, this Roman power, and the
career of the Roman race, has appeared in the experience
oi mankind. It will ever remain the marvel of the ages.
As organized by Romulus they styled themselves the
Roman People (Populus Romamts), which was perfectly
exact. They had formed a gentile society and nothing
more. But the rapid increase of numbers in the time
of Romulus^nd the still greater increase between this
period and that of Servius Tullius, demonstrated the ne-
cessity for a fundamental change in the plan of govern-
ment. Romulus and the wise men of his time had made
the most of gentile institutions. We are indebted to his

i The thirty curionea, as a body, were organized into a col*

le*e of priests, one of their number holding the office of "curio
maximum" He was elected by the assembly of the rente*.
Besides this was the college of augurs, consisting under the
Ogulnian law (200 B. C.) of nine members, including their chief
officer ("magister collegil"); and the college of ponti&o, com-
posed under the same law of nine members, including th
"pontifex maximus."
SIS ANCIENT SOCIETY

legislation for a grand attempt to establish upon the gen-

tes a great national and military power; and thus for
some knowledge of the character and structure of insti-
tutions which might otherwise have faded into obscurity,
if they had not perished from remembrance. The rise
of the Roman power upon gentile institutions was a re-
markable event in human experience. It is not singular
that the incidents that accompanied the movement should
have come to us tinctured with romance, not to say en-
shrouded in fable. Rome came into existence through
a happy conception, ascribed to Romulus, and adopted
by his successors, of concentrating the largest possible
number of gentes in a new city, under one government,
and with their united military forces under one com-
mander. Its objects were essentially military, to gain a
supremacy in Italy, and it is not surprising that the or-
ganization took the form of a military democracy.
Selecting a magnificent situation upon the Tiber, where
after leaving the mountain range it had entered the cam-
pagna, Romulus occupied the Palatine Hill, the site of
an ancient fortress, with a tribe of the Latins of which
he was the chief. Tradition derived his descent from the
chiefs of Alba, which is a matter of secondary import-
ance. The new settlement grew with marvelous rapidity,
if the statement is reliable that at the close of his life the

military forces numbered 46,000 foot and 1,000 horse,

which would indicate some 200,000 people in the city and
in the surrounding region under its protection. Livy re-
marks that it was an ancient device (vetus consilium) of
the founders of cities to draw to themselves an obscure
an4 humble multitude, 1 and then set up for their progeny
the autocthonic claim. Romulus pursuing this ancient
policy is said to have opened an asylum near the Pala-
tine, and to have invited all persons in the surrounding
tribes, without regard to character or condition, to share
with his tribe the advantages and the destiny of the new
city. A great crowd of people, Livy further remarks,
fled to this place from the surrounding territories, slave

I WT7, 1,1.
 THE ROMAIC CURIA, TRIBE AND POPULUS 819

as well as free, which was the first accession of foreign

strength to the new undertaking.
* *
Plutarch, and Cio-
8
nysitts both refer to the asylum or grove, the opening
of which, for the object and with the success named, was
an event of probable occurrence. It tends to show that
the people of Italy had then become numerous for bar-
barians, and that discontent prevailed among them in
consequence, doubtless, of the imperfect protection of
personal rights, the existence of domestic slavery, and
the apprehension of violence. Of such a state of things
a wise man would naturally avail himself if he possessed
sufficient military genius to handle the class of men thus
brought together. The next important event in this
romantic narrative, of which the reader should be re-
minded, was the assault of the Sabines to avenge the
entrapment of the Sabine virgins, now the honored wives
of their captors. It resulted in a wise accommodation
under which the Latins and Sabines coalesced into one
society, but each division retaining its own military
leader. The Sabines occupied the Quirinal and Capitol-
ine Hills. Thus was added the principal part of the sec-
ond under Titius Tatius their military
tribe, the Titles,
chief. After the death of the latter they all fell under
the military command of Romulus.
Passing over Numa Pompilius, the successor of Rom-
ulus, who established upon a broader scale the religious
institutions of the Romans, his successor, Tullus Hostil-
ius, captured the Latin city of Alba and removed its
entire population to Rome. They occupied the Ccelian
Hill, with all the privileges of Roman citizens. The
number of citizens was now doubled, Livy remarks; 4
but not likely from this source exclusively. Ancus Mar-
tius, the successor of Tullu-s, captured the Latin city of
Politorium, and following the established policy, trans-
6
ferred the people bodily to Rome. To them was as-
"----" .-.-.--... __
i Eo ex finitimia populls turba omnls cine dlscrlmlne, liber an
eervus esset, avida novarum rerum perfugrlt; idque prlmum ad
coeptam
r magnitudinem roboris fuit. Livy, i, 8.
* 'Vit. Romulus," cap. 20.
3 "Antiq, of Rome," ii, IB.
4 Livy, i. 30.
I Ib. t 1, SI. *
$30 ANCIENT SOCIETY

signed the Aventine Hilly with similar privileges. Not

long afterwards the inhabitants of Tellini and Ficana
were subdued and removed to Rome, where they also
l
occupied the Aventine. It will be noticed that in each
case the gentes brought to Rome, as well as the original
Latin and Sabine gentes, remained locally distinct It
was the universal usage in gentile society, both in the
Middle and in the Upper Status of barbarism, when the
tribes began to gather in fortresses and in walled cities,
for the gentes to settle locally together by gentes and by
9
phratries. Such was the manner the gentes settled at
Rome. The greater portion of these accessions were
united in the third tribe, the Luceres, which gave it a
broad basis of Latin gentes, It was not entirely filled until
the time of Tarquinius Priscus, the fourth military leader
from Romulus, some of the new gentes being Etruscan.
By these and other means three hundred gentes were
gathered at Rome and there organized in curiae and
tribes, differing somewhat in tribal lineage ; for the Ram-
nes, as before remarked, were Latins, the Tities were in
the main Sabines and the Luceres were probably in the
main Latins with large accessions from other sources.
The Roman people and organization thus grew into being
by a more or less constrained aggregation of gentes into
curiae, of curiae into tribes, and of tribes into one gentile
society. But a model for each integral organization, ex-
cepting the last, had existed among them and their an-
cestors from time immemorial; with a natural basis for
each curia in the kindred gentes actually united in each,
and a similar basis for each tribe in the common lineage
of a greater part of the gentes united in each. All that
was new in organization was the numerical proportions
of gentes to a curia, of curiae to a tribe, and the coales-
cence of the latter into one people. It may be called a

i Livy. I, 38.
a In the pueblo houses In New Mexlc*> all the occupants of
each house belonged to the same tribe, and in some cases a
single joint-tenement house contained a tribe. In the pueblo
of Mexico there were four principal quarters, as has been
shown, each occupied by a lineage, probably a phratry; while
the Tlatelulcos occupied a fifth district. At Tlascala there
were also four quarters occupied by four lineages, probabl/
phratriej.
 THE ROMAN CURIA, TRIBE AND POPULUS JgJ

growth under legislative constraint, because the tribes

thus formed were not entirely free from the admixture
of foreign elements whence arose the new name tribus=
;

a third part of the people, which now came in to dis-

tinguish this organism. The Latin language must have
had a term equivalent to the Greek phylon=tribe, be-
cause they had the same organization; but if so it has
disappeared. The invention of this new term is some
evidence that the Roman tribes contained heterogeneous
elements, while the Grecian were pure, and kindred in
the lineage of the gentes they contained.
Our knowledge of the previous constitution of Latin
society is mainly derived from the legislation ascribed
to Romulus, since it brings into view the anterior or-
ganization of the Latin tribes, with such improvements
and modifications as the wisdom of the age was able to
suggest It is seen in the senate as a council of chiefs,
in the comitia curiata as an assembly of the people by
curiae, in the office of a general military commander, and
in the ascending series of organizations. It is seen more
especially in the presence of the gentes, with their rec-
ognized rights, privileges and obligations. Moreover,
the government instituted by Romulus and perfected by
his immediate successors presents gentile society in the
highest structural form it ever attained in any portion
of the human family. The time referred to was immedi-
ately before the institution of political society by Servius
Tullius.
The first momentous act of Romulus, as a legislator,
was the institution of the Roman senate. It was com-
posed of a hundred members, one from each gens, or ten
from each curia. A council of chiefs as the primary in-
strument of government was not a new thing among the
Latin tribes. From time immemorial they had been ac-
customed to its existence and to its authority. But it is
probable that prior to the time of Romulus it had be*
come changed, like the Grecian councils, into a pre-con-
sidering body, obligated to prepare and submit to an as*
sembly of the people the most important public measures
lor adoption or rejection. This was in effect a resump-
ftgft ANCIENT SOCIETY

tion by the people of powers before vested in the council

of chiefs. Since no public measure of essential import-
ance could become operative until it received the sanc-
tion of the popular assembly, this fact alone shows that
the people were sovereign, and not the council, nor the
military commander. It reveals also the extent to which
democratic principles had penetrated their social system.
The senate instituted by Romulus, although its functions
were doubtless substantially similar to those of the prev-
ious council of chiefs, was an advance upon it in several
respects. It was made up either of the chiefs or of the
wise men of the gentes. Each gens, as Niebuhr remarks,
"sending its decurion who was its alderman,"
1
to repre-
sent it in the senate. It was thus a representative and an
elective body in its inception, and it remained elective,
or selective, down to the empire. The senators held their
office for life, which was the only term of office then
known among them, and therefore not singular. Livy
ascribes the selection of the first senators to Romulus,
which is probably an erroneous statement, for the reason
that it would not have been in accordance with the theory
of their institutions. Romulus chose a hundred senators,
he remarks, either because that number was sufficient, or
because there were but a hundred who could be created
Fathers. Fathers certainly they were called on account
of their official dignity, and their descendants were called
f
patricians. The character of the senate as a represent-
ative body, the title of Fathers of the People bestowed
upon its members, the life tenure of the office, but, more
than all these considerations, the distinction of patricians
conferred upon their children and lineal descendants in
established at a stroke an aristocracy of rank
perpetuity,
in the centre of their social system where it became firmly
intrenched. The Roman senate, from its high vocation,
from its composition, and from the patrician ratfc re-

i "History of Rome/' i, 268.

9 Centum creat eenatoree: sive quia in nume*u* atl erat;
sive quta soli centum erant, qui crearl Patres poseent, Patres
pert* ab honore, patridique progenies eorum *ppellati.~Livy,
i* t. And Cicero: Principe*, qui appellati stint propter oarita-
tea, patres.-"De Rep.," U I.
 THE ROMAN CURIA, TRIBE AND POPULU8 8*8

ceived by its members and transmitted to their descend-

ants, held a powerful position in the subsequent state.
It was this aristocratic element, now for the first time
planted in gentilism, which gave to the republic its mon-
grel character, and which, as might have been predicted,
culminated in imperialism, and with it in the final dis-
solution of the race. It may perhaps have increased the
military glory and extended the conquests of Rome, whose
institutions, from the first, aimed at a military destiny;
but it shortened the career of this great and extraordinary
people, and demonstrated the proposition that imperial-
ism of necessity will destroy any civilized race. Under
the republic, half aristocratic, half democratic, the Ro-
mans achieved their fame, which one can but think would
have been higher in degree, and more lasting in its fruits,
had liberty and equality been nationalized, instead of un-
equal privileges and an atrocious slavery. The long pro-
tracted struggle of the plebeians to eradicate the aristo-
cratic element represented by the senate, and to recover
the ancient principles of democracy, must be classed
among the heroic labors of mankind.
After the union of the Sabines the senate was increased
to two hundred by the addition of a hundred senators l
from the gentes of the tribe Tities; and when the Lu-
ceres had increased to a hundred gentes in the time of
Tarquinius Priscus, a third hundred senators were added
from the gentes of this tribe. f Cicero has left some
doubt upon this statement of Livy, by saying that Tar-
quinius Priscus doubled the original number of the sena-
*
tors. But Schmitz well suggests, as an explanation of
the discrepancy, that at the time of the final increase the
senate may have become reduced to a hundred and fifty
members, and been filled up to two hundred from the
gentes of the first two tribes, when the hundred were
added from the third. The senators taken from the tribes
Ramnes and Tities were thenceforth called Fathers of
the Greater Gentes (patres maiorum gentium), and
those of the Luceres Fathers of the Lesser Gentes (patres
i Dtonyiiuf, 11, 47.
, -Liv
-Livy, 1,
i, 36.
35.
f
j -Cletro, "I* Rp./ it, SO.
ftU ANCIENT SOCIETY
l
minorum gentium). From the form of the statement
the inference arises that the three hundred senators rep-
resented the three hundred gentes, each, senator repre-
senting a gens. Moreover, as each gens doubtless had
its principal chief (princeps), it becomes extremely prob-
able that this person was chosen for the position either
by his gens, or the ten were chosen together by the curia,
from the ten gentes of which it was composed. Such a
method of representation and of choice is most in accord-
ance with what is known of Roman and gentile institu-
8
tions. After the establishment of the republic, the cen-
sors filled the vacancies in the senate by their own choice,
until it was devolved upon the consuls. They were gen-
erally selected from the ex-magistrates of the higher
grades.
The powers of the senate were real and substantial.
All public measures originated in this body those upon
which they could act independently, as well as those
which must be submitted to the popular assembly and
be adopted before they could become operative. It had
the general guardianship of the public welfare, the man-
agement of their foreign relations, the levying of taxes
and of military forces, and the general control of rev-
enues and expenditures. Although the administration of
religious affairs belonged to the several colleges of priests,
the senate had the ultimate power over religion as well.

i Cicero, "De Rep.," 11, 20.

a .This was substantially the opinion of Nlebuhr. "We may
go further* and affirm without hesitation, that originally, when
the number of houses (gentes) was complete, they were rep-
resented immediately by the senate, the number of which was
proportionate to theirs. The three hundred senators answered
to the three hundred houses, which was assumed above on
Rood grounds to be the number of them; each gens sent Its
decurion, who was its alderman and the president of Its meet-
ings to represent it in the senate That the senate should
be appointed by the kings at their discretion, can never have
been the original institution. Even Dionystus supposes that
there was an election: his notion of it, however, is quite unten-
able, and the deputies must have been chosen, at least original-
ly, by the houses and not by the curlse." "Hist, of Rome," i,
258. An election by the curl Is, In principle, most probable. If
the office did not fall to the chief "ex offlclo," because the gen-
tes in a curia had a direct interest In the representation of
each gens. It was for the same reason that a sachem elected
by the members of an Iroquois gens must be accepted by the
other gentes of the same tribe before his nomination was
complete.
 ROMAN CURIA, TRIBE AND POPULUS ftfct

From its functions and vocation it was the most influen-

tial body which ever existed under gentile institutions*
The assembly of the people, with the recognized right
bf acting upon important public measures to be discussed
by them and adopted or rejected, was unknown in the
Lower, and probably in the Middle Status of barbarism ;
but it existed in the Upper Status, in the agora of the
Grecian tribes, and attained its highest form in the eccle-
sia of the Athenians and it also existed in the assembly
;

of the warriors among the Latin tribes, attaining its

highest form in the comitia curiata of the Romans. The
growth of property tended to the establishment of the
popular assembly, as a third power in gentile society, for
the protection of personal rights and as a shield against
the encroachments of the council of chiefs, and of the
military commander. From the period of savagery, after
the institution of the gentes, down to the times of Solon
and Romulus, the popular element had always been active
in ancient gentile society. The council of chiefs was
usually open in the early conditions to the orators of
the people, and public sentiment influenced the course of
events. But when the Grecian and -Latin tribes first came
under assembly of the people to
historical notice the
discuss reject public measures was a phe-
and adopt or
nomenon quite as constant as that of a council of chiefs.
It was more perfectly systematized among: the Romans
under the constitution of Romulus than among the
Athenians in the time of Solon. In the rise and progress
of this institution may be traced the growth and devel-
opment of the democratic principle.
This assembly among the Romans was called the
comitia curiata, because the members of the gentes of
adult age met in one assembly by curiae, and voted in the
same manner. Each curia had one collective vote, the
majority in each was ascertained separately, and deter-
mined what that vote should be. * It was the assembly of
the gentes, who alone were members of the government.
Plebeians and clients, who already formed a numerous

* Llry, 1, 43. Dionyt., 11, 14; iv, 20, 84.

|JM ANCIENT SOCIETY

class,were excluded, because there could be no connec-

tion with the Populus Romanus, except through a gens
and tribe. This assembly, as before stated, could ^neither
originate public measures, nor amend such as were sub-
mitted to them ; but none of a certain grade could become
operative until adopted by the comitia. All laws were
passed or repealed by this assembly all magistrates and
;

high public functionaries, including the rex, were elected

1
by it on the nomination of the senate. The imperium
was conferred upon these persons by a law of the as-
sembly (lex curiata de imperio), which was the Roman
method of investing with office. Until the imperium
was thus conferred, the person, although the election
was complete, could not enter upon his office. The com-
itia curiata, by appeal, had the ultimate decision in
criminal cases involving the life of a Roman citizen. It
was by a popular movement that the office of rex was
abolished. Although the assembly of the people never
acquired the power of originating: measures, its powers
were real and influential. At this time the people were
sovereign.
The assembly had no power to convene itself; but it is
said to have met on the summons of the rex, or, in his
absence, on that of the praefect (praefcctus urbi). In the
time of the republic it was convened by the consuls, or in
their absence, by the praetor ; and in all cases the person
who convened the assembly presided over its delibera-
tions.
In another connection the office of rex has been con-
sidered. The rex was a general and also a priest, but
without civil functions, as some writers have endeav-
ored to imply. * His powers as a general, though not

i Numa Pornpilius (Cicero, "De Rep./' II, 11; Liv.. I. 17).

Tullus Hostllius (Cicero, "De Hep./' and Ancua Martius
11. 17).
(Clc., "De Rep./' II, 18: Livy, were elected by the
1, 32),
"comitia curiata." In the case of Tarquinlus Priscus, Llvy
observe* that the people by a great majority elected him "rex**
(1, 35). It was necessarily by the "comitia curiata." Servlus
Tulllus assumed the office which was afterwards confirmed by
the "comitia" (Cicero, "De Rep.," 11, 21). The right of elec-
tion thus reserved to the people, shows that the office of "rex"
wast a popular one, and that his powers were delegated.
* Mr. Leonhard Schmitz, one of the ablest defenders of the
theory of kingly government among the Greeks and Roman*,
 THE ROMAN CURIA, TRIBE AND POPtJLUS gft?

defined, were necessarily absolute over the military

forces in the field and in the city. If he exercised any
civil powers in particular cases, it must be supposed that

they were delegated for the occasion. To pronounce him

a king, as that term is necessarily understood, is to vitiate
and mis-describe the popular government to which he
belonged, and the institutions upon which it rested. The
form of government under which the rex and basileus
appeared is identified with gentile institutions and disap-
peared after gentile society was overthrown. It was a
peculiar organization having no parallel in modern
society, and is unexplainable in terms adapted to mo-
narchical institutions. A military democracy under a
senate, an assembly of the people, and a general of their
nomination and election, is a near, though it may not be
a perfect, characterization of a government so peculiar,
which belongs exclusively to ancient society, and rested
on institutions essentially democratical. Romulus, in all
probability, emboldened by his great successes, assumed
powers which were regarded as dangerous to the senate
and to the people, and his assassination by .the Roman
chiefs is a fair inference from the statements concerning
his mysterious disappearance which have come down to
us. This act, atrocious as it must be pronounced, evinces
that spirit of independence, inherited from the gentes,
which would not submit to arbitrary individual power.
When the office was abolished, and the consulate was
established in its place, it is not surprising that two
consuls were created instead of one. While the powers
of the office might raise one man to a dangerous height,
it could not be the case with two. The same subtlety of
reasoning led the Iroquois, without original experience,
to create two war-chiefs of the confederacy instead of
one, lest the office of commander-in-chief, bestowed

with great candor remarks: "It 10 very difficult to determine

the extent of the king's powers, as the ancient writers natur-
ally judged of the kingly period by their own republican con-
stitution, and frequently assigned to the king, the senate, and
the "comltia" of the "curie" the respective powers and run "
tions which were only true in reference to the consuls,
senate and the "comltia" of their own time." Smith's "Die.
it Rom. Antiq., Art. Rex."
MS . ANCIENT SOCIETY

upon a single man, should raise him to a position too

influential.
In his capacity of chief priest the rex took the auspices
on important occasions, which was one of the highest
acts of the Roman religious system, and in their estima-
tion quite as necessary in the field on the eve of a battle
as in the city. He performed other religious rites as well
It is not surprising that in those times priestly function!
are found among the Romans, as among the Greeks,
attached to or inherent in the highest military office.
When the abolition of this office occurred, it was found
necessary to vest in some one the religious functions
appertaining to it, which were evidently special ; whence
the creation of the new office of rex sacrificulus, or rex
sacrorum, the incumbent of which performed the relig-
ious duties in question. Among the Athenians the same
idea reappears in the second of the nine archons, who
was called arch on basileus, and had a general supervi-
sion of religious affairs. Why religious functions were
attached to the office of rex and basileus, among the
Romans and Greeks, and to the office of Teuctli among
the Aztecs; and why, after the abolition of the office in
the two former cases, the ordinary priesthoods could not
perform them, has not been explained.
Thus stood Roman gentile society from the time of
Romulus to the time of Servius Tullius, through a period
of more than two hundred years, during which the foun-
dations of Roman power were laid. The government, as
before remarked, consisted of three powers, a senate, an
assembly of the people, and a military commander. They
had experienced the necessity for definite written laws to
be enacted by themselves, as a substitute for usages and
customs. In the rex they had the germinal idea of a chief
executive magistrate, which necessity pressed upon them,
and which was to advance into a more complete form
after the institution of political But they found
society.
it a dangerous those times of limited experience
office in
in the higher conceptions of government, because the
powers of the rex were, in the main, undefined, as well
as difficult of definition. It is not surprising that when
 THE ROMAN CURIA, TRIBE AND POPtJLUS Jfcjf

a serious controversy arose between the people and

Tarquinius Superbus, they deposed the man and abol-
ished the office. As soon' as something like the irrespon-
sible power of a king met them face to face it was found
incompatible with liberty and the fetter gained the
victory. They were willing, however, to admit into the
system of government a limited executive, and they
created the office in a dual form in the two consuls. This
occurred after the institution of political society.
No
direct steps were taken, prior to the time of Servius
Tullius, to establish a state founded upon territory and
upon property but the previous measures were a prepara-
;

tion for that event. In addition to the institutions named,

they had created a city magistracy, and a complete mili-
tary system, including the institution of the equestrian
order. Under institutions purely gentile Rome had
become, in the time of Servius Tullius, the strongest
military power in Italy.
Among the new magistrates created, that of warden of
the city (custos urbis) was the most important. This
officer,who was chief of the senate (princeps senatus),
was, in the first instance, according to Dionysius,
l
appointed by Romulus. The senate, which had no
power to convene itself, was convened by him. It is also
claimed that the rex had power to summon the senate.
That it would be apt to convene upon his request, through
the call of its own officer, is but that he could
;
probable
command its convocation is improbable, from its inde-
pendence in functions, from its dignity, and from its

representative character. After the time of the Decem-

virs the name of the office was changed to praefect of the*
city (praefectus urbi), its powers were enlarged, and it

was made elective by the new comitia centuriata. Under

the republic, the consuls, and in their absence, the praetor,
had power to convene the senate, and also to hold the
comitia. At a later day, the office of praetor (praetor
wbanus) absorbed the functions of this ancient office and
became its successor. A
judicial magistrate, the Roman

s Dion?*, 11, IB.

580 ANCIENT

praetor was the prototype of the modern judge. Thus,

every essential institution in the government or admin-
istration of the affairs of society may generally be traced
to a simple germ, which springs up in a rude; form from
human wants, and, when able to endure the test of time
and experience, is developed into a permanent institution.
A knowledge of the tenure of the office of chief, and
of the functions of the council of chiefs, before the time
of Romulus, could they be ascertained, would reflect
much light upon the condition of Roman gentile society
in the time of Romulus. Moreover, the several periods
should be studied separately, because the facts of their
social condition were changing with their advancement
in intelligence. The Italian period prior to Romulus, the
period of the seven regcs* and the subsequent periods of
the republic and of the empire are marked by great differ-
ences in the spirit and character of the government. But
the institutions of the first period entered into the second,
and these again were transmitted into the third, and
remained with modifications in the fourth. The growth,
development and fall of these institutions embody the
vital history of the Roman people. It is by tracing these
institutions from the germ through their successive stages
of growth, on the wide scale of the tribes and nations of
mankind, that we can follow the great movements of
the human mind in its evolution from its infancy in
savagery to its present high development. Out of the
necessities of mankind for the organization of society
came the gens; out of the gens came the chief, and the
tribe with its council of chiefs out of the tribe came by
;

segmentation the group of tribes, afterwards re-united in

a confederacy, and finally consolidated by coalescence into
a nation; out of the experience of the council came the
necessity of an assembly of the people with a division of
the powers of the government between them and finally,
;

out of the military necessities of the united tribes came

the general military commander, who became in time a
third power in the government, but subordinate to the
two superior powers. It was the germ of the office of the
 THE ROMAN CURIA, fRIBB5 AND POfULUS 3$!

subsequent chief magistrate, the king and the president.

The principal institutions of civilized nations are simply
continuations of those which germinated in savagery,
expanded in barbarism, and which are still subsisting and
advancing in civilization.
As the Roman government existed at the death of
Romulus, it was social, and not political; it was person-
al, and not territorial. The three tribes were located, it
is true, in separate and distinct areas within the limits
of the city; but this was the prevailing mode of settle-
ment under gentile institutions. Their relations to each
other and to the resulting society, as gentes, curiae and
tribes, were wholly personal, the government dealing
with them as groups of persons, and with the whole as
the Roman people. Localized in this manner within in-
closing ramparts, the idea of a township or city ward
would suggest itself when the necessity for a change in
the plan of government was forced upon them by the
growing complexity of affairs. It was a great change
that was soon to be required of them, to be wrought out
through experimental legislation precisely the same
which the Athenians had entered upon shortly before the
time of Servius Tullius. Rome was founded, and its first
victories were won under institutions purely gentile but ;

the fruits of these achievements by their very magnitude

demonstrated the inability of the gentes to form the basis
of a state. But it required two centuries of intense activ-
ity in the growing commonwealth to prepare the way for
the institution of the second great plan of government
based upon territory and upon property. A withdrawal
of governing powers from the gentes, curiae and tribes,
and their bestowal upon new constituencies was the sac-
rifice demanded. Such a change would become possible
only through a conviction that the gentes could not be
made to yield such a form of government as their ad-
vanced condition demanded. It was practically a ques-
tion of continuance in barbarism, or progress into civili-
zation. The inauguration of the new system will form
*he subject of the next chapter.
 CHAPTER XIII

THE INSTITUTION OF ROMAN POLITICAL SOCIETY

Servius Tullius, the sixth chief of the Roman military

democracy, came to the succession about one hundred
and thirty-three years after the death of Romulus, as
near as the date can be ascertained. 1 This would place
his accession about 576 B. C
To this remarkable man
the Romans were chiefly indebted for the establishment
of their political system. It will be sufficient to indicate
its main features, together with some of the reasons
which led to its adoption.
From the time of Romulus to that of Servius Tullius
the Romans consisted of two distinct classes, the populus
and the plebeians. Both were personally free, and both
entered the ranks of the army but the former alone were
;

organized in gentes, curiae and tribes, and held the pow-

ers of the government. The plebeians, on the other hand,
did not belong to any gens, curia or tribe, and conse-
2
quently were without the government. They were ex-
cluded from office, from the comitia curiata, and from
the sacred rites of the gentes. In the time of Servius
they had become nearly if not quite as numerous as the
populus. They were in the anomalous position of being
subject to the military service, and of possessing families
and property, which identified them with the interests of
Rome, without being in any sense connected with the gov-
*
Dlonysius, iv, 1.
a Niebuhr says: "The existence of the plebs as acknowl-
edgedly a free and very numerous portion of the nation, may
be traced back to the reign of Ancus; but before the time of
Serviua it was only an aggregate of unconnected parts, not a
united tegular whole.'* History of Rome/' 1. c., 315.
 INSTITUTION OP ROMAN POLITICAL SOCIETY $33

ernment. Under gentile institutions, as we have seen,

there could be no connection with the government except
through a recognized gens, and the plebeians had no
gentes. Such a state of things, affecting so large a por-
tion of the people, was dangerous to the commonwealth.
Admitting of no remedy under gentile institutions, it
must have furnished one of the prominent reasons for
attempting the overthrow of gentile society, and the sub-
stitution of political. The Roman fabric would, in all
probability, have fallen in pieces if a remedy had not
been devised. It was commenced in the time of Romu-
lus, renewed by Numa Pompilius, and completed by
Servius Tullius.
The origin both of the plebeians and of the patricians,
and their subsequent relations to each other, have been
fruitful themes of discussion and of disagreement. A
few suggestions may be ventured upon each of these
questions.
A person was a plebeian because he was not a member
of a gens, organized with other gentes in a curia and
tribe. It is easy to understand how large numbers of

persons would have become detached from the gentes of

their birth in the unsettled times which preceded and fol-
lowed the founding of Rome. The adventurers who
flocked to the new city from the surrounding tribes, the
captives taken in their wars and afterwards set free, and
the unattached persons mingled with the gentes trans-
planted to Rome, would rapidly furnish such a class. It
might also well happen that in filling up the hundred
gentes of each tribe, fragments of gentes, and gentes hav-
ing less than a prescribed number of persons, were ex-
cluded. These unattached persons, with the fragments of
gentes thus excluded from recognition and organization
in a curia, would soon become, with their children and
descendants, a great and increasing class. Such were the
Roman plebeians, who, as such, were not members of the
Roman gentile society. It seems to be a fair inference
from the epithet applied to the senators of the Luceres,
the third Roman tribe admitted, who were styled "Fathers
of the Lesser Gentes," that the old gentes were reluctant
M4 i
ANCIENT SOCIETY

to acknowledge their entire equality. For a stronger rea-

son they debarred the plebeians from all participation in
the government When the third tribe was filled up with
the prescribed number of gentes, the last avenue of ad-
mission was closed, after which the number in the plebeian
class would increase with greater rapidity. Niebuhr
remarks that the existence of the plebeian class may be
traced to the time of Ancus, thus implying that they
l
made their first appearance at that time. He also denies
that the clients were a part oi the plebeian body ;* in both
o{ winch he differs from Dionysius, 11 and from
positions
Plutarch.* The institution of the relation of patron and
client is ascribed by the authors last named to Romulus,
and it is recognized by Suetonius as existing in the time
of Romulus. * A
necessity for such an institution existed
in the presence of a class without a gentile status, and
without religious rites, who would avail themselves of this
relation for the protection of their persons and property,
and for the access it gave them to religious privilege*.
Members of a gens would not be without this protection
or these privileges ; neither would it befit the dignity or
accord with the obligations of a gens to allow one of its
members to accept a patron in another gens. The
unattached class, or, in other words, the plebeians, were
the only persons who would naturally seek patrons and
become their clients. The clients formed no part of the
populus for the reasons stated. It seems plain, notwith-
standing the weight of Niebuhr's authority on Roman
questions, that the clients were a part of the plebeian
body.
The next question is one of extreme difficulty, namely :

the origin and extent of the patrician class whether it

originated with the institution of the Roman Senate, and

i "History of Rome," 1, a 16.

a "That the client! were total strangers to the plebeian com-
monalty and did not coalesce with it until late, when the bond
of servitude had been loosened, partly from the houses of their
patrons dying oft or sinking Into decay, partly from the ad-
vance of the whole nation toward freedom, will be proved to
the sequel of this history. "-"Hiitory of Rome," 1, 316.
3 Dionysius, it. 8.
4 Plutarch, "Vit. Rom.," xiM, 16.
5 "VU. Tiberius," cap. 1.
 INSTITUTION OF ROMAN POLITICAL SOCIETY 335

was limited to the senators, and to their children and de-

scendants or included the entire populus, as distinguished
;

from the plebeians. It is claimed by the most eminent

modern authorities that the entire populus were
patricians. Niebuhr, who is certainly the first on Roman
1
questions, adopts this view, to which Long, Schmitz,
and 'others have given their concurrence.* But the
reasons assigned are not conclusive. The existence of
the patrician class, and of the plebeian class as well, may
be traced, as stated, to the time of Romulus. 8 If the
populus, who were the entire body of the people organ-
ized in gentes, were all patricians at this early day, the
distinction would have been nominal, as the plebeian class
was then unimportant. Moreover, the plain statements
of Cicero and of Livy are not reconcilable with this con-
clusion. Dionysius, it is true, speaks of the institution of
the patrician class as occurring before that of the senate,
and as composed of a limited number of persons distin-
guished for their birth, their virtue, and their wealth;
thus excluding the poor and obscure in birth, although
4
they belonged to the historical gentes. Admitting a class
of patricians without senatorial connection, there was still
a large class remaining in the several gentes who were
not patricians. Cicero has left a plain statement that the
senators and their children were patricians, ^and without
referring to the existence of any patrician class beyond
their number. When that senate of Romulus, he remarks,
which was constituted of the best men, whom Romulus
himself respected so highly that he wished them to be
5
called fathers, and their children patricians, attempted,
etc. The meaning attached to the word fathers (patres)
as here used was a subject of disagreement among the
Romans themselves but the word patricii, for the class
;

is formed upon patres, thus

tending to show the necessary
connection of the patricians with the senatorial office.
Since each senator at the outset represented, in all prob-

i
"History of Rome," 1, 266,460.
Smith's "Die., Articles, Gens, Patricii, and Plebs."
3 Dicmysiuft, ,8; Plutarch, "Vit. Rom./' xiii.
M6 ANCIENT SOCIETY

a gens, and the three hundred thus represented

ability,
all therecognized .gentes, this fact could not of itself
make all the members of the gentes patricians, because
the dignity was limited to the senators, their children,
and their posterity. Livy is equally explicit. They were
certainly called fathers, he remarks, on account of their
official dignity, and their posterity (progenies) patri-
l
cians. Under the reges and also under the republic, indi-
viduals were created patricians by the government; but
apart from the senatorial office, and special creation by
the government, the rank could not be obtained. It is not
improbable that a number of persons, not admitted into
the senate when it was instituted, were placed by public
act on the same level with the senators as to the new
patrician rank; but this would include a small number
only of the members of the three hundred gentes, all of
whom were embraced in the Populus Romanus.
It is not improbable that the chiefs of the gentes were
called fathers before the time of Romulus, to indicate the
paternal character of the office; and that the office may
have conferred a species of recognized rank upon their
posterity. But we have no direct evidence of the fact
Assuming it to have been the case, and further, that the
senate at its institution did not include all the principal
chiefs, and further still, that when vacancies in the senate
were subsequently filled, the selection was made on ac-
count of merit and not on account of gens, a foundation
for a patrician class might have previously existed
independently of the senate. These assumptions might
be used to explain the peculiar language of Cicero,
namely that Romulus desired that the senators might be
;

called Fathers, possibly because this was already the

honored title of the chiefs of the gentes. In this way a
limited foundation for a patrician class may be found in-
dependent of the senate; but it would not be broad
enough to include all the recognized gentes. It was in
connection with the senators that the suggestion was
made that their children and descendants should te called

i -Llvy, i, 8.
 INSTITUTION OF ROMAN POLITICAL SOCIETY |ff

patricians. The same statement is repeated by Pater*

J
culus.
no patrician gens and no
It follows that there could be
plebeian gens, although particular families in one gens
might be patricians, and in another plebeians. There is
some confusion also upon this point. All the adult male
members of the Fabian gens, to the number of three
hundred and six, were patricians. f It must be explained
by the supposition that all the families in this gens could
trace their descent from senators, or to some public act
by which their ancestors were raised to the patriciate.
There were of course patrician families in many gentes,
and at a later day patrician and plebeian families in
the same gens. Thus the Claudii and Marcelli, before
referred to (supra p. 294), were two families of the
Claudian gens, but the Claudii alone were patricians. It
will be borne in mind, that prior to the time of Servius
Tullius the Romans were divided into two classes, the
populus and the plebeians; but that after his time, and
particularly after the Licinian legislation (367 B. C), by
which all the dignities of the state were opened to every
citizen, the Roman people, of the degree of freemen, fell
into two political classes, which may be distinguished as
the aristocracy and the commonalty The former class
consisted of the senators, and those descended from
senators, together with those who had held either of the
three curule offices, (consul, praetor, and curule aedile)
and their descendants. The commonalty were now
Roman citizens. The gentile organization had fallen into
decadence, and the old division could no longer, be main-
tained. Persons, who in the first period as belonging to
the populus, could not be classed with the plebeians,
would in the subsequent period belong to the aristocracy
without being patricians. The Qaudii could trace their
descent from Appius Claudius who was made a senator
in the time of Romulus ; but the Marcelli could not trace
their descent from him, nor from any other senator,
although, as Niebuhr remarks, "equal to the Apii in the

Patercului, 1, S.
t JLIvy, 11. 49.
338 ANCIENT SOCIETY

splendor of the honors they attained to, and incomparably

more useful to the commonwealth." 1 This is a sufficient
explanation of the position of the Marcelli without
resorting to the fanciful hypothesis of Niebuhr, that the
Marcelli had lost patrician rank through a marriage of
s
disparagement.
The patrician class were necessarily numerous, because
the senators,* rarely less than three hundred, were chosen
as often as vacancies occurred, thus constantly including
new families ; and because it conferred patrician rank on
their posterity. Others were from time to time made
8
patricians by act of the state. This distinction, at first
probably of little value, became of great importance with
their increase in wealth, numbers and power; and it
changed the complexion of Roman society. The full
effect of introducing a privileged class in Roman gentile
society was not probably appreciated at the time; and it
is questionable whether this institution did not exercise
a more injurious than beneficial influence upon the
subsequent career of the Roman people.
When the gentes had ceased to be organizations for
governmental purposes under the new political system,
the populus no longer remained as distinguished from the
j
plebeians , but the shadow of the old organization and of
4
the old distinction remained far into the republic. The
plebeians under the new system were Roman citizens,
but they were now the commonalty the question of the
;

connection or non-connection with a gens not entering

into the distinction. >

From Romulus to Servius Tullius the Roman organiza-

tion, as before stated, was simply a gentile society, with-
out relation to territory or to property. All we find is
a series of aggregates of persons, in gentes, curia? and
tribes, by means of which the people were dealt with by
the government as groups of persons forming these
several organic unities. Their condition was precisely
like that of the Athenians prior to the time of Solon. But

i "History of Rome/' 1, 241

Ib., 1, 246.
3 Llvy, IT, 4.
4 Llvy., hr, 51.
 INSTITUTION OF ROMAN POLITICAL SOCIETY *8

they had instituted a senate in the place of the old council

of chiefs, a comitia curiata in the place of the old
assembly of the people, and had chosen a military com-
mander, with the additional functions of a priest and
judge. With a government of three powers, co-ordinated
with reference to their principal necessities, and with a
coalescence of the three tribes, composed of an equal
number of gentes and curiae, into one people, they pos-
sessed a higher and more complete governmental organi-
zation than the Latin tribes had before attained. A num-
erous class had gradually developed, however, who were
without the pale of the government, and without religious
privileges, excepting that portion who had passed into
the relation of clients. If not a dangerous class, their
exclusion from citizenship, and from all participation in
the government, was detrimental to the commonwealth.
A municipality was growing up upon a scale of magni-
tude unknown in their previous experience, requiring a
special organization to conduct its local affairs. A
necessity for a change in the plan of government must
have forced itself more and more upon the attention of
thoughtful men. The increase of numbers and of wealth,
and the difficulty of managing their affairs, now complex
from weight of numbers and diversity of interests, began
it must be supposed, that they could not
to reveal the fact,
hold together under gentile institutions. A conclusion of
this kind is required to explain the several expedients
which were tried.

Numa, the successor of Romulus, made the first signifi-

cant movement, because it reveals the existence of an
impression, that a great power could not rest upon gentes
as the basis of a system. He attempted to traverse the
gentes, as Theseus did, by dividing the people into
classes, some eight in number, according to their arts and
1
trades. Plutarch, who is the chief authority for thi$
statement, speaks of this division of the people according
to tbeir vocations as the most admired of Numa's insti-
tutions ; and remarks further, that it was designed to take

^
I ?l*Urch, "Vlt Numa," xrit, 10,
$40 ANCIENT SOCIETY

away the distinction between Latin and Sabine, both

name and thing, by mixing them together in a new
distribution. But as he did not invest the classes with the
powers exercised by the gentes, the measure failed, like
the similar attempt of Theseus, and for the same reason.
Each guild, as we are assured by Plutarch, had its
separate hall, court and religious observances. These
records, though traditionary, of the same experiment in
Attica and at Rome, made for the same object, for similar
reasons, and by the same instrumentalities, render the
inference reasonable that the experiment as stated was
actually tried in each case.
new system, and placed
Servius Tullius instituted the
it upon a foundation where remained to the close of the
it

republic, although changes were afterwards made in the

nature of improvements. His period (about 576 533
B. C.) follows closely that of Solon (596 B. C), and pre-
cedes that of Cleisthenes (509 B. C). The legislation
ascribed to him, and which was obviously modeled upon
that of Solon, may be accepted as having occured as early
as the time named, because the system was in practical
operation when the republic was established 509 B. C.,
within the historical period. Moreover, the new political
system may as properly be ascribed to him as great
measures have been attributed to other men, although in
both cases the legislator does little more than formulate
what experience had already suggested and pressed upon
his attention. The three principal changes, which set
aside the gentes and inaugurated political society based
upon territory and upon property, were first, the substi-
:

tution of classes, formed upon the measure of individual

wealth, in the place of the gentes second, the institution
;

of the comitia centuriata, as the new popular assembly,

in the place of the comitia curiata, the assembly of the
gentes, with a transfer of the substantial powers of the
latter to the former and third, the creation of four city
;

wards, in the nature of townships, circumscribed by metes

and bounds and named as territorial areas, in which the
residents of each ward were required to enroll their
names and register their
property.
 INSTITUTION OP ROMAN POLITICAL SOCIETY 841

Imitating Solon, with whose plan of government he

was doubtless familiar, Servius divided the people into
five classes, according to the value of their property, the
effect of which was to concentrate in one class the
l
wealthiest men of the several gentes. Each class was
then subdivided into centuries, the number in each being
established arbitrarily without regard to the actual num-
ber of persons it contained, and with one vote to each
century in the comitia. The amount of political power
to be held by each class was thus determined by the num-
ber of centuries given to each. Thus, the first class con-
sisted of eighty centuries, with eighty votes in the comitia
centuriata; the second class of twenty centuries, to which
two centuries of artisans were attached, with twenty-two
votes the third class of twenty centuries, with twenty
;

votes the fourth class of twenty, to which two centuries

;

of horn-blowers and trumpeters were attached, with

twenty-two votes and the fifth class of thirty centuries,
;

with thirty votes. In addition to these, the equites

consisted of eighteen centuries, with eighteen votes. To
these classes Dionysius adds a sixth class, consisting of
one century, with one vote. It was composed of those
who had no property, or less than the amount required
for admission into the fifth class. They neither paid
8
taxes, nor served in war. The whole number of cen-
turies in the six classes with the equites added made a
total of one hundred and ninety-three, according to
8
Dionysius. Livy, agreeing with the former as to the
number of regular centuries in the five classes, differs
from him by excluding the sixth class, the persons being
formed into owe century with one vote, and included in or
attached to the fifth class. He also makes three centuries
of horn-blowers instead of two, and the whole number of
centuries one more than Dionysius.4 Cicero remarks that
ninety-six centuries were a minority, which would be

i The property qualification for the first class was 100,000

asses; for the second class, 75,000 asses: for third, 50,000: foi*
the fourth. 25,000; and for the fifth; 11,001 ase*-~ Llvy, I. 41.
a Dionyslus, iv, 20.
3 Ito., !v. 18. 17, 18.
4 Liry, i. 48.
Ill ANCIENT SOCIETY
1
equally true under either statement. The centuries of
each class were divided into seniors and juniors, of which
the senior centuries were composed of such persons as
were above the age of fifty-five years, and were charged
with the duty, as soldiers, of defending the city ; while the
junior centuries consisted of those persons who were
below this age and above seventeen, and were charged
with external military enterprises.* The armature of
each class was prescribed and made different for each. 1
It will be noticed that the control of the government,
so far as the assembly of the people could influence its
action, was placed in the hands of the first class, and the
equites. They held together ninety-eight votes, a
majority of the whole. Each century agreed upon its
vote separately when assembled in the comitia centuriata,
precisely as each curia had been accustomed to dp in the
comitia curiata. In taking a vote upon any public ques-
4
tion, the equites were called first, and then the first class.
If they agreed in their votes it decided the question, and
the remaining centuries were not called upon to vote ; bul
if they disagreed, the second class was called, and so on
to the last, unless a majority sooner appeared.
The powers formerly exercised by the comitia curiata,
now transferred to the comitia centuriata, were enlarged
in some slight particulars in the subsequent period. It
elected all officers and magistrates on the nomination of
the senate ; it enacted or rejected laws proposed by the
senate, no measure becoming a law without its sanction ;
it repealed existing laws on the proposition of the same

body, if they chose to do so and it declared war on the

:

same recommendation. But the senate colncluded peace

without consulting the assembly. An appeal in all cases
involving* life could be taken* to this assembly as the
highest judicial tribunal of the state. These powers were
substantial, but limited control over the finances being

i "D* Rep.," Si, 10.

a Dionjrsius. Iv, If.
3 Llvy, I, 41.
4LIvy, I, 48; But Dionrsiua place* the equltes la the first
class, and remarks that this class was first called. Dionrsius,
IV, 20. i
 INSTITUTION OF ftOMAN POLITICAL SOCIETY 848

excluded. A
majority of the votes, however, were lodged
with the first class, including the equites, which embraced
the body of the patricians, as must be supposed, and the
wealthiest citizens. Property and not numbers controlled
the government. They were able, however, to create a
body of laws in the course of time which afforded equal
protection to all, and thus tended to redeem the worst
effects of the inequalities of the system.
The meetings of the comitia were held in the Campus
Martius annually for the election of magistrates and offi-
cers, and at other times when the public necessities
required. The people assembled by centuries, and by
classes under their officers, organized as an army
(exercitus) ; for the centuries and classes were designed
to subserve all the purposes of a military as well as a civil
organization. At the first muster under Servius Tullius,
eighty thousand citizen soldiers appeared in the Campus
Martius under arms, each man in his proper century,
each century in its class, and each class by itself. 1 Every
member of a century was now a citizen of Rome, which
was the most important fruit of the new political system.
In the time of the republic the consuls, and in their
absence, the praetor, had power to convene the comitia,
which was presided over by the person who caused it to
assemble.
Such a government appears to us, In the light of our
more advanced experience, both rude and clumsy ; but it
was a sensible improvement upon the previous gentile
defective and illiberal as it appears. Under
government,
it, Rome became mistress of the world. The element of
property, now
rising into commanding importance,
determined character. It had brought aristocracy and
its

privilege into prominence, which seized the opportunity

to withdraw the control of the government in a great
measure from the hands of the people, and bestow it upon
the men of property. It was a movement in the opposite
direction from that to which the democratic principles in-
herited from the gentes naturally tended. Against the

t Llry, t, 44; Dionylm atatei the number at l4.7M.--hr, 11.

344 ANCIENT SOCIETY

new elements of aristocracy and privilege now incorpo-

rated in governmental institutions, the Roman
their
plebeians contended throughout the period of the repub-
lic, and at times with some measure
of success. But
patrician rank and property, possessed by the higher
classes, were too powerful for the wiser and grander
doctrines of equal rights and equal privileges represented
by the plebeians. It was even then far too heavy a tax
upon Roman society to carry a privileged class.
Cicero, patriot and noble Roman as he was, approved
and commended this gradation of the people into classes,
with the bestowment of a controlling influence in the
government upon the minority of citizens. Servius
Tullius, he remarks, "having created a large number of
equites from the common mass of the people, divided the
remainder into five classes, distinguishing between the
seniors and juniors, which he so constituted as to place
the suffrages, not in the hands of the multitude, but of the
men taking care to make it a rule of ours,
of property ;

as it ought to beevery government, that the greatest

in
number should not have the greatest weight." 1 In the
light of the experience of the intervening two thousand
years, it may well be observed that the inequality of privi-
leges, and the denial of the right of self-government here
commended, creat%d and developed that mass of ignorance
and corruption which ultimately destroyed both govern-
ment and people. The human race is gradually learning
the simple lesson, that the people as a whole are wiser for
the public good and the public prosperity, than any privi-
leged class of men, however refined and cultivated, have
ever been, or, by any possibility, can ever become. Gov-
ernments over societies the most advanced are still in a
transitional stage and they are
;
necessarily and logically
moving, as President Grant, not without reason, intimated
in his last inaugural address, in the direction of democ-
racy; that form of self-government which represents
and expresses the average intelligence and virtue of a
free and educated people.

t Cicfo "Dt Rep./

1
ii, 22.
 INSTITUTION OP ROMAN POLITICAL SOCIETY 34 ~,

The property classes subserved the useful purpose of

breaking up the gentes, as the basis of a governmental
system, by transferring their powers to a different body.
It was evidently the principal object of the Servian

legislation to obtain a deliverance from the gentes,

which
were close corporations, and to give the new government
a basis wide enough to include all the inhabitants of Rome,
with the exception of the slaves. After the classes had
accomplished this work, it mi^ht have been expected that
they would have died out as they did at Athens and that
;

city wards and country townships, with their inhabitants

organized as bodies politic, would have become the basis
of the new political system, as they rightfully and logic-
ally should. But the municipal organization of Rome
prevented this consummation. It gained at the outset,
and maintained to the end the central position in the gov-
ernment, to which all areas without were made sub-
ordinate. It presents the anomaly of a great central

municipal government expanded, in effect, first over Italy,

and finally over the conquered provinces of three conti-
nents. The five classes, with some modifications of the
manner of voting, remained to the end of the republic.
The creation of a new assembly of the people to take the
place of the old, discloses the radical character of the
Servian constitution. These classes would never have
acquired vitality without a newly constituted assembly,
investing them with political powers. With the increase
of wealth and population the duties and responsibilities
of this assembly were much increased. It was evidently
the intention of Servius Tullius that it should extinguish
the comitia cnriata, and with it the power of the gentes.
This legislator is said to have instituted the comitia
a separate assembly of each local tribe or ward,
tribiita,
whose chief duties related to the assessment and collec-
tion of taxes, and to furnishing contingents of troops.
At a later day this assembly elected the tribunes of the
people. The ward was
the natural unit of their political
system, and the centre where local self-government should
have been established had the Roman people wished to
 346 ANCIENT SOCIETY

create a democratic state.

But the senate and the property
classes had them from that career.
forestalled
One of the first acts ascribed to Servius was the insti-
tution of the census. Livy pronounces the census a most
salutary measure for an empire about to become so great,
according to which the duties of peace and of war were
to be performed, not individually as before, but according
1
to the measure of personal wealth. Each person was
required to enroll himself in the ward of his residence,
with a statement of the amount of his property. It was
done in the presence of the censor; and the lists when
completed furnished the basis upon which the classes
were formed. * This was accompanied by a very remark-
able act for the period, the creation of four city wards,
circumscribed by boundaries, and distinguished by appro-
priate names. In point of time it was earlier than the in-
stitution of the Attic deme by Cleisthenes; but the two
were quite different in their relations to the government.
The Attic deme, as has been shown, was organized as a
body politic with a similar registry of citizens and of
their property, and having besides a complete local self-
government, with an elective magistracy, judiciary and
priesthood. On the other hand, the Roman ward was a
geographical area, with a registry of citizens and of their
property, with a local organization, a tribune and other
elective offices, and with an assembly. For a limited
number of special objects the inhabitants of the wards
were dealt with by the government through their terri-
torial relations. But the government of the ward did not
possess the solid attributes of that of the Attic deme. It
was a nearer copy of the previous Athenian naucrary,
which not unlikely furnished the model, as the Solonian
classes did of the Servian. DionySius remarks, that after
Servius Tullius had inclosed the seven hills with one wall
he divided the city into four parts, and gave the names of
the hills to the re-divisions : to the first, Palatina, to the
second, Suburra, to the third, Collina, and to the fourth,
Esquilina ; and made the city consist of four parts, which

i Ltrr, 1, 42.
t Dionjrgtos, IT, IS.
 INOTITUTION OF ROMAN POLttlCAL SOCIETY 547

before consisted of three and he ordered the people who

;

dwelt in each of the four regions, like villagers, not to

take any other dwelling, nor to pay taxes elsewhere, nor
give in their names as soldiers elsewhere, nor pay their
assessments for military purposes and other needs, which
each must furnish for the common welfare; for these
things were no longer to be done according to the three
consanguine tribes, but according to the four local tribes,
which last had been arranged by himself and he appoint-
;

ed commanders over each tribe, as phylarchs or

comarchs, whom he directed to note what house each
inhabited. l Mommsen observes that "each of these four
levy-districts had to furnish the fourth part not only of
the force as a whole, but of each of its military subdivis-
ions, so that each legion and each century numbered an
equal proportion of conscripts from each region evident-
;

ly for the purpose of merging all distinctions of a gentile

and local nature in one common levy of the community,
and especially of binding, through the powerful leveling
influence of the military spirit, the meteoci and the
1
burgesses into one people."
In like manner, the surrounding country under the
government of Rome was organized in townships (tribus
rusticae), the number of which is stated at twenty-six by
some writers, and at thirty-one by others making, with
;

the four city wards, a total of thirty-one in one case, and

of thirty-five in the other. * The total number was never
increased beyond thirty-five. These townships did not
become integral in the sense of participating in the admin-
istration of the government.
As finally established under the Servian constitution,
the government was cast in the form in which it remained
during the existence of the republic; the consuls taking
the place of the previous military commanders. It was
not based upon territory in 'the exclusive sense of the

*.j Dionysius, lv, 14.

"History of Rome. 1. c.." Scribner's ed., i, 186.
3 Dionysius, lv, 15; Niebuhr has .furnished the names of six-
teen country townships, as follows: Aemillan, Camillan, duen-
tian. Cornelian. Fabian, Galerian, Horatian, Lemonian, Menen-
tan. Paperian. Romilian, Serbian, Veturlan, Claudtan. "History
of Rome/' i, 110, note.
$48 ANCIENT SOCIETY

Athenian government, or in the modern sense ascending

;

from the township or ward, the unit of organization, to

the county or arrondissement, and from the latter to the
state, each organized and invested with governmental
functions as constituents of a whole. The central gov-
ernment overshadowed and atrophied the parts. It rested
more upon property than upon territory, this being made
the commanding element, as is shown by the lodgment of
the controlling power of the government in the highest
property classes. It had, nevertheless, a territorial basis
as well, since it recognized and used territorial subdivi-
sions for citizenship, and for financial and military ob-
jects, in which the citizen was dealt with through his
territorial relations.
The Romans were now carried fairly out of gentile
society into and under the second great plan of govern-
ment, founded upon territory and upon property. They
had left gentilism and barbarism behind them, and
entered upon a new career of civilization. Henceforth
the creation and protection of property became the
primary objects of the government, with a superadded
career of conquest for domination over distant tribes and
nations. This great change of institutions, creating polit-
ical society as distinguished from gentile society, was

simply the introduction of the new elements of territory

and property, making the latter a power in the govern-
ment, which before had been simply an influence. Had
the wards and rustic townships been organized with full
powers of local self-government, and the senate been
made elective by these local constituencies without
distinction of classes, the resulting government would
have been a democracy, like the Athenian for these local
;

governments would have moulded the state into their

own likeness. The senate,. with the hereditary rank it
conferred, and the property basis qualifying the voting
power in the assembly of the people, turned the scale
against democratical institutions, and produced a mixed
government, partly aristocratic and partly democratic;
eminently calculated to engender perpetual animosity
between the two classes of citizens thus deliberately and
 INSTITUTION OF ROMAN POLITICAL SOCIETY 349

unnecessarily created by affirmative legislation. It is

were circumvented by the
plain, I think, that the people
Servian constitution and had a government put upon
them which the majority would have rejected had they
fully comprehended its probable results. The evidence is
conclusive of the antecedent democratical principles of
the gentes, which, however exclusive as against all
persons not in their communion, were carried out fully
among themselves. The evidence of this free spirit and
of their free institutions is so decisive that the proposi-
tion elsewhere stated, that gentilism is incompatible with
monarchy, seems to be incontrovertible.
As a whole, the Roman government was anomalous.
The overshadowing municipality of Rome, made the
centre of the state in its plan of government, was one of
the producing causes of its novel character. The primary
organization of the people into an army with the military
spirit it fostered created the cohesive force which held the
republic together, and afterwards the empire. With a
selective senate holding office for life, and possessing
substantial powers with a personal rank passing to their
;

children and descendants with an elective magistracy

;

graded to the needs of a central metropolis; with an

assembly of the people organized into property classes,
possessing an unequal suffrage, but holding both an affir-
mative and a negative upon all legislation; and with an
elaborate military organization, no other government
strictly analogous has appeared among men. It was

artificial, illogical, approaching a monstrosity; but cap-

able of wonderful achievements, because of its military
spirit, and because the Romans were endowed with
remarkable powers for organizing and managing affairs.
The patchwork in its composition was the product of the

superior craft of the wealthy classes who intended to

seize the substance of power while they pretended to re-
spect the rights and interests of all.
.When the new political system became established, the
old one did not immediately disappear. The functions of
the senate and of the military commander remained as
before; but the property classes took the place of the
 850 ANCIENT SOCIETY

gentes, and the assembly of the classes took the place of

the assembly of the gentes. Radical as the changes were,
they were limited, in the main, to these particulars, and
came in without friction or violence. The old assembly
(comitia curiata) was allowed to retain a portion of its
powers, which kept alive for a long period of time the
organizations of the gentes, curiae and consanguine tribes.
It still conferred the imperium upon all the higher
magi-
strates after their election was completed, though in
time became a matter of form merely it inaugurated
it ;

certain priests, and regulated the religious observances

of the curiae. This state of things continued down to the
time of the Punic war, after which the comitia
first
curiata lost its importance and soon fell into oblivion.
Both the assembly and the curiae were superseded rather
than abolished, and died out from inanition but the
;

gentes remained far into the empire, not as an organiza-

tion, for that also died out in time, but as a pedigree and
a lineage. Thus the transition from gentile into political
society was gradually but effectually accomplished, and
the second great plan of human government was substi-
tuted by the Romans in the place of the first which had
prevailed from time immemorial.
After an immensely protracted duration, running back
of the separate existence of the Aryan family, and re-
ceived by the Latin tribes from their remote ancestors,
the gentile organization finally surrendered its existence,
among the Romans, to the demands of civilization. It
had held exclusive possession of society through these
several ethnical periods, and until it had won by experi-
ence all the elements of civilization, which it then proved
unable to manage. Mankind owe a debt of gratitude to
their savage ancestors for devising an institution able to
carry the advancing portion of the human race out of
savagery into barbarism, and through the successive
stages of the latter into civilization. It also accumulated
by experience the intelligence and knowledge necessary
to devise political society while the institution yet re-
mained. It holds a position on the great chart of human
progress second to
none in its influence, in its achieve-
 INSTITUTION OF ROMAN POLITICAL SOCIETY 351

ments and in its history. As a plan of government, the

gentile organization was unequal to the wants of civilized
man; but it is something to be said in its remembrance

that developed from the germ the principal govern-

it

mental institutions of modern civilized states. Among

others, as before stated, out of the ancient council of
chiefs came the modern senate; out of the ancient
assembly of the people came the modern representative
assembly, the two together constituting the modern legis-
lature; out of the ancient general military commander
came the modern chief magistrate, whether a feudal or
constitutional king, an emperor or a president, the latter
being the natural and logical results and out of the an*
;

cient custos urbis, by a circuitous derivation, came the

Roman praetor and the modern judge. Equal rights and
privileges, personal freedom and the cardinal principles
of democracy were also inherited from the gentes. When
property had become created in masses, and its influence
and power began to be felt in society, slavery came in;
an institution violative of all these principles, but sus-
tained by the selfish and delusive consideration that the
person made a slave was a stranger in blood and a captive
enemy. With property also came in gradually the princi-
ple of aristocracy, striving for the creation of privileged
classes. The element of property, which has controlled
society to a great extent during the comparatively short
period of civilization, has given mankind despotism, im-
perialism, monarchy, privileged classes, and finally rep-
resentative democracy. It has also made the career of
the civilized nations essentially a property-making career.
But when the intelligence of mankind rises to the height
of the great question of the abstract rights of property,
including the relations of property to the state, as well
as the rights of persons to property, a modification of
the present order of things mav be expected. The nature
of the coming changes it may be impossible to conceive ;
but it seems probable that democracy, once universal in
a rudimentary form and repiessed in many civilized
states, is destined to become again universal and supreme.
An American, educated in the principles of democracy,
302 ANCIENT SOCIETY

and profoundly impressed with the dignity and grandeur

of those great conceptions which recognize the liberty,
equality and fraternity of mankind, may give free
expression to a preference for self-government and free
institutions. At the same time the equal right of every
other person must be recognized to accept and approve
any form of government, whether imperial or monarch-
ical, that satisfies his preferences.
 CHAPTER XIV
CHANGE OF DESCENT FROM THE FEMALE TO THE
MALE LINE

An important question remains to be considered,

namely: whether any evidence exists that descent was
anciently in the female line in the Grecian and Latin
gentes. Theoretically, this must have been the fact at
some anterior period among their remote ancestors; but
we are not compelled to rest the question upon theory
alone. Since a change to the male line involved a nearly
total alteration of the membership in a gens, a method
by which it might have been accomplished should be
pointed out. More than this, it should be shown, if
possible, that an adequate motive requiring the change
was certain to arise, with the progress of society out of
the condition in which this form of descent originated.
And lastly, the existing evidence of ancient descent in
the female line among them should be presented.
A gens in the archaic period, as we have seen, consisted
of a supposed female ancestor and her children together
with the children of her daughters, and of her female
descendants through females in perpetuity. The children
of her sons, and of her male descendants, through males,
were excluded. On the other hand, with descent in the
male line, a gens consisted of a supposed male ancestor and
his children, together with the children of his sons and of
his male descendants through males in perpetuity. The
children of his daughters, and of his female descendants
through females, were excluded. Those excluded in
the first case would be members of the gens in the tec-
354 ANCIENT SOCIETY

ond case, and vice versa. The question then arises, how
could descent be changed from the female line to the male
without the destruction of the gens ?
The method was simple and natural, provided the
motive to make the change was general, urgent and com-
manding. When done at a given time, and by precon-
certed determination, it was only necessary to agree that
all the present members of the gens should remain
members, but that in future all children, whose fathers
belonged to the gens, should alone remain in it and bear
the gentile name, while the children of its female mem-
bers should be excluded. This would not break or change
the kinship or relations of the existing gentiles; but
thereafter it would retain in the gens the children it
before excluded and exclude those it before retained.
Although it may seem a hard problem to solve, the press-
ure of an adequate motive would render it easy, and the
lapse of a few generations would make it complete* As a
practical question, it has been changed from the female
line to the male among the American aborigines in a num-
ber of instances. Thus, among the Ojibwas descent is now
in the male line, while among their congeners, the Dela-
warea and Mohegans, it is still in the female line. Origi-
nally, without a doubt, descent was in the female line in
the entire Algonkin stock.
Since descent in the female line is archaic, and more in
accordance with the early condition of ancient society
than descent in the male line, there is a presumption in
favor of its ancient prevalence in the Grecian and Latin
gentes. Moreover, when the archaic form of any trans-
mitted organization has been discovered and verified, it
is impossible to conceive of its origination in the later
more advanced form.
Assuming a change of descent among them from the
female line to the male, it must have occurred very re-
motely from the historical period. Their history in the
Middle status of barbarism is entirely lost, except it has
been in some measure preserved in their arts, institutions
aad inventions, and in improvements in
language. The
Upper Status has the superadded light of tradition and
 CHANGE OF DESCENT JAft

of the Homeric poems to acquaint us with its experience

and the measure of progress then made. But judging
from the condition in which their traditions place them,
it seems probable that descent in the female line had not

entirely disappeared, at least among the Pelasgian and-

Grecian tribes, when they entered the Upper Status of
barbarism.
When descent was in the female line in the Grecian
and Latin gentes, the gens possessed the following
among other characteristics i. Marriage in the gens
:

was prohibited thus placing children in a different gens

;

from that of their reputed father. 2. Property and the

office of chief were hereditary in the gens thus exclud- ;

ing children from inheriting the property or succeeding

to the office of their reputed father. This state of things
would continue until a motive arose sufficiently general
and commanding to establish the injustice of this exclu-
sion in the face of their changed condition.
The natural remedy was a change of descent from the
female line to the male. All that was needed to effect the
change was an adequate motive. After domestic animals
began to be reared in flocks and herds, becoming thereby
a source of subsistence as well as objects of individual
property, and after tillage had led to the ownership of
houses and lands in severalty, an antagonism would be
certain to arise against the prevailing form of gentile
inheritance, because it excluded the owner's children,
whose paternity was becoming more assured, and gave
his property to his gentile kindred. A
contest for a new
rule of inheritance, shared in by fathers and their chil-
dren, would furnish a motive sufficiently powerful to
effect the change. With property accumulating in
masses and assuming permanent forms, and with an
increased proportion of it held by individual ownership,
descent in the female line was certain of overthrow, and
the substitution of the male line equally assured. Such
a change would leave the inheritance in the gens as
before, but it would place children in the pens of their
father, and at the head of the agnatic kindred For a
time, in all probability, they would share in the distribtt-
 ft* ANCIENT SOCIETY

tion of the estate with the remaining agnates but an

;

extension of the principle by which the agnates cut off

the remaining gentiles, would in time result in the exclu-
sion of the agnates beyond the children and an exclusive
inheritance in the children. Farther than this, the son
would now be brought in the line of succession to the
office of his father.
Such had the law of inheritance become in the Athen-
ian gens in the time of Solon or shortly after; when the
property passed to the sons equally, subject to the obliga-
tion of maintaining the daughters, and of apportioning
them in marriage and in default of sons, to the daugh-
;

ters equally. If there were no children, then the inherit-

ance passed to the agnatic kindred, and in default of the
latter, to the gentiles. The Roman law of the Twelve
Tables was substantially the same.
It seems probable further, that when descent was

changed to the male, or still earlier, animal names for the

gentes were laid aside and personal names substituted in
their place. The individuality of persons would assert
itself more and more with the progress of society, and
with the increase and individual ownership of property,
leading to the naming of the gens after some ancestral
hero. Although new gentes were being formed from
time to time by the process of segmentation, and others
were dying out, the lineage of a gens reached back
through hundreds not to say thousands of years. After
the supposed substitution, the eponymous ancestor would
have been a shifting person, at long intervals of time,
some later person distinguished in the history of the gens
being put in his place, when the knowledge of the former
person became obscured, and faded from view in the
misty past. That the more celebrated Grecian gentes
made the change of names, and made it gracefully, is
shown by the fact, that they retained the name of the
mother of their gentile father, and ascribed his birth to
her embracement by some particular god. Thus Eumol-
pus, the eponymous ancestor of the Attic Eumolpidae, was
the reputed son of Neptune and Chione; but even the
Grecian gens was older than the conceptionof Neptune.
 CHANGE OF ttfJSCBKT fttf

Recurring now to the main question, the absence of

direct proof of ancient descent in the female line in the
Grecian and Latin gentes would not silence the presump-
tion in its favor; but it so happens that this form of
descent remained in some tribes nearly related to the
Greeks with traces of it in a number of Grecian tribes.
The inquisitive and observing Herodotus found one
nation, the Lycians, Pelasgian in lineage, but Grecian in
affiliation, among whom iir his time (440 B. C.), descent
was in the female line. After remarking that the Lycians
were sprung from Crete, and stating some particulars of
their migration to Lycia under Sarpedon, he proceeds as
follows: 'Their customs are partly Cretan and partly
Carian. They have, however, one singular custom in
which they differ from every other nation in the world.
Ask a Lycian who he is, and he answers by giving his
own name, that of his mother, and so on in the female
line. Moreover, if a free -woman marry a man who is a
slave, their children are free citizensbut if a free man
;

marry a foreign woman, or cohabit with a concubine

even though he be the first person in the state, the chil-
dren forfeit all the rights of citizenship." 1 It follows
necessarily from this circumstantial statement that the
Lycians were organized in gentes, with a prohibition
against intermarriage in the gens, and that the children
belonged to the gens of their mother. It presents a clear
exemplification of a gens in the archaic form, with con-
firmatory tests of the consequences of a marriage of a
Lycian man with a foreign woman, and of a Lycian
woman with a slave. 2 The aborigines of Crete were
Pelasgian, Hellenic and Semitic tribes, living locally
apart. Minos, the brother of Sarpedon, is usually
regarded as the head of the Pelasgians in Crete ;.but the
Lycians were already Hellenized in the time of Herod-
otus and quite conspicuous among the Asiatic Greeks

i Rawlinson's "Herodotus," 1, 173.

j If a Seneca-Iroquois man marries a foreign woman, their
children are aliens; but if a Senooa-Iroquois woman marries an
alien, or an Onondaga, their children are Iroquois of the Seneca
tribe; and of the gens and phratry of their mother. The woman
confers her nationality and her gens upon her children, whoever
may be their father.
 SOCtETT

for their advancement. The insulation of their ancestor S

upon the island of Crete, prior to their migration in the
legendary period to Lycia, may afford an explanation of
their retention of descent in the female line to this late
period.
*

the Etruscans also the same rule of descent

Among
prevailed. "It is singular enough/' observes Cramer,
"that two customs peculiar to the Etruscans, as we dis-
cover from their monuments, should have been noticed
by Herodotus as characteristic of the Lycians and Cauni-
ans of Asia Minor. The first is, that the Etruscans invari-
ably describe their parentage and family with reference
to the mother, and not the father. The other, that they
admitted their wives to their feasts and banquets." l
Curtius comments on Lycian, Etruscan and Cretan
descent in the female line in the following language "It :

would be an error to understand the usage in question as

an homage to the female sex. It is rather rooted in prim-
itive conditions of society, in which monogamy was not
yet established with sufficient certainty to enable descent
upon the father's side to be affirmed with assurance.
Accordingly the usage extends far beyond the territory
commanded by the Lycian nationality. It occurs, even to
this day, in India it may be demonstrated to have exist-
;

ed among the ancient Egyptians; it is mentioned by

Sanchoniathon (p. 16, Orell), where the reasons for its
existence are stated with great freedom and beyond the ;

confines of the East it appears among the Etruscans,

among the Cretans, who were so closely connected with
the Lycians, and who called their father-land mother-
land; and among the Athenians, consult Bachofen, etc.
Accordingly, if Herodotus regards the usage in question
as thoroughly peculiar to the Lycians, it must have main-
tained itself longest among them of all the nations related
to the Greeks, as is also proved by the Lycian inscriptions.
Hence we must in general regard the employment of the
maternal name for a designation of descent as the
remains of an imperfect condition of social life and

i "Description of Ancient Italy," 1, 158; citing "Lap*!," it, 114.

 CHANGE Off DESCENT ft*

family law, which, as life becomes more regulated, was

relinquished in favor of usages, afterwards universal in
Greece, of naming children after the father. This
1

diversity of usages, which is extremely important for the

history of ancient civilization, has been recently discussed
l
by Bachofen in, his address above named."
In a work of vast research, Bachofen has collected and
discussed the evidence of female authority (mother-
right) and of female rule (gyneocracy) among the
Lycians, Cretans, Athenians, Lemnians, Egyptians,
Orchomenians, Locrians, Lesbians, Mantineans, and
a
among eastern Asiatic nations. The condition of ancient
society, thus brought under review, requires for its full
explanation the existence of the gens in its archaic form
as the source of the phenomena. This would bring the
mother and her children into the same gens, and in the
composition of the communal household, on the basis of
gens, would give the gens of the mothers the ascendency
in the household. The family, which had probably at-
tained the syndyasmian form, was still environed with the
remains of that conjugal system which belonged to a still
earlier condition. Such a family, consisting of a married
pair with their children, would naturally have sought
shelter with kindred families in a communal household,
in which the several mothers and their children would be
of the same gens, and the reputed fathers of these chil-
dren would be of other gentes. Common lands and joint
tillage would lead to joint-tenement houses and commu-
nism in living; so that gyneocracy seems to require for
its creation, descent in the female line. Women thus
entrenched in large households, supplied from common
i "History of Greece," Scrlbner &
Armstrong's ed., Ward'*
Trans., i, 94, note. The Etiocretes, of whom
Minos was the hero,
were doubtless Pelasgians. They occupied the east end of the
Island of Crete. Sarpedon, a brother of Minos, led the emi-
grants to Lycla where they displaced the Solyml, a Semitic
tribe probably; but the Lycians had become Hellenlzed, like
many other Felasgian tribes, before the time of Herodotus, a
circumstance quite material in consequence of the derivation of
the Grecian and Pelasgian tribes from a common original stock.
In the time of Herodotus the Lycians were as far advanced In
the arts of life as the European Greeks (Curtius, i, 98: GreU.
i, 224). It seems probable that descent in the female line was
derived from their Pelasgian ancestors.
"Das Mutterrecht," Stuttgart, 1881,
aSO ANCIENT SOCIETY

stores, in which their own gens so largely predominated

in numbers, would produce the phenomena of mother
right and gyneocracy, which Bachofen has detected and
traced with the aid of fragments of history and of tradi-
tion. Elsewhere I have referred to the unfavorable
influence upon the position of women which was produced
by a change of descent from the female line to the male,
and by the rise of the monogamian family, which dis-
placed the joint-tenement house, and in the midst of a
society purely gentile, placed the wife and mother in a
1
single house and separated her from her gentile kindred.
Monogamy was not probably established among the
Grecian tribes until after they had attained the Upper
Status of barbarism and we seem to arrive at chaos in
;

the marriage relation within this period, especially in the

Athenian tribes. Concerning the latter, Bachofen remarks :

"For before the time of Cecrops the children, as we have

seen, had only a mother, no father ;,they were of one line.
Bound to no man exclusively, the woman brought only
spurious children into the world. Cecrops first made an
end of this condition of things led the lawless union of
;

the sexes back to the exclusiveness of marriage gave to

;

the children a father and mother, and thus from being

of one line (unilateres) made them of two lines
(bilateres)"* What is here described as the lawles*
union of the sexes must be received with modifications.
We should expect at that comparatively late day to find
the syndyasmian family, but attended by the remains of
an anterior conjugal system which sprang from mar-
riages in the group. The punaluan family, which the
statement fairly implies, must have disappeared before

i Bachofen, speaking: of the Cretan city of Lyktos, remark*

that "thii city was considered a Lacedaemonian colony, and a*
also related to the Athenians. It was in both cases only on the
mother's side, for only the mothers were Spartans; the Athenian
relationship, however, goes back to those Athenian women
whom the Pelasgian Tyrrhenians are said to have enticed away
from the Brauron promontory." "Das Mutterrecht," ch. IS,
p. SI.
With descent in the male line the lineage of the women would
have remained unnoticed; but with descent In the female line
the colonists would have given their pedigrees through female*
only.
9 "Das Mutterrecht/' ch. 31, p. 71.
 CHANGE OF DESCENT ($1

they reached the ethnical period named. This subject

will be considered in subsequent chapters in connection
with the growth of the family.
There is an interesting reference by Polybius to the
hundred families of the Locrians of Italy. "The Locri-
ans themselves/' he remarks, "have assured me that their
own traditions are more conformable to the account of
Aristotle than to that of Timseus. Of this they mention
the following proofs. The first is, that all nobility of
ancestry among them is derived from women, and not
from men. That those, for exam-pie, alone are noble, who
derive their origin from the hundred families. That these
families were noble among the Locrians before they
migrated and were the same, indeed, from which a hun-
;

dred virgins were taken by lot, as the oracle had com-

1
manded, and were sent to Troy/' It is at least a reason-
able supposition that the rank here referred to was con-
nected with the office of chief of the gens, which enno-
bled the particular family within the gens, upon one of
the members of which it was conferred. If this supnosi-
tion is tenable, it implies descent in the female line both as
to persons and to office. The office of chief was hereditary
in the gens, and elective among its male members in
archaic times and with descent in the female line, it
;

would pass from brother to brother, and from uncle to

nephew. But the office in each case passed through
females, the eligibility of the person depending upon the
gens of his mother, who gave him his connection with
the gens, and with the deceased chief whose place was
to be filled. Wherever office or rank runs through fe-
males it requires descent in the female line for its ex-
planation.
Evidence of ancient descent in the female line among
the Grecian tribes is found in particular marriages which
occurred inthe- traditionary period. Thus Salmoneus and
Kretheus were own brothers, the sons of ^Eolus. The
former gave his daughter Tyro in marriage to her uncle.

i
"Polyblui," xli, extract the second, Hampton's Tran*., ill,
242*
ttft ANCIENT SCKttflft

With descent in the male line, Kretheus and Tyro would

have been of the same gens, and could not have married
for that reason ; but with descent in the female line, they
would have been of different gentes, and therefore not of
gentile kin. Their marriage in that case would not have
violated strict gentile usages. It is immaterial that the

persons named are mythical, because the legend would

apply gentile usages correctly. This marriage is
explainable on the hypothesis of descent in the female
line, which in turn raises a presumption of its existence
at the time, or as justified by their ancient usages which
had not wholly died out.
The same fact is revealed by marriages within the
historical period, when an ancient practice seems to have
survived the change of descent to the male line, even
though it violated the gentile obligations of the parties.
After the time of Solon a brother might marry his half-
sister, provided they were born of different mothers, but
not conversely. With descent in the female line, they
would be of different gentes, and, therefore, not of gentile
kin. Their marriage would interfere with no gentile
obligation. But with descent in the male line, which was
the fact when the cases about to be cited occurred, they
would be of the same gens, and consequently under
prohibition. Cimon married his half-sister, Elpinice, their
father being the same, but their mothers different. In the
Eubulides of Demosthenes we find a similar case. "My
grandfather/' says Euxithius, "married* his sister, she not
being his sister by the same mother." Such marriages,
against which a strong prejudice had arisen among the
Athenians as early as the time of Solon, are explainable*
as a survival of an ancient custom with respect to mar-
riage,which prevailed when descent was in the female
line,and which had not been entirely eradicated in the
time of Demosthenes.
Descent female line presupposes the gens to
in the
distinguish the lineage. With our present knowledge of
the ancient and modern prevalence of the gentile organi-

i "DemoctheneB contra Eubulldei," 20.

 CHANGE OF DESCENT ft*

nation upon five continents, including the Australian, and

of the archaic constitution of the gens, traces of descent
in the female line
might be expected
to exist in traditions,
if not in usages coming down to historical times. It is
not supposable, therefore, that the Lycians, the Cretans,
the Athenians and the Locrians, if the evidence is suffi-
cient to include the last two, invented a usage so remark-
able as descent in the female line. The hypothesis that
it was the ancient law of the Latin, Grecian, and other

Graeco-Italian gentes affords a more rational as well as

satisfactory explanation of the facts. The influence of
property and the desire to transmit it to children fur-
nished adequate motives for the change to the male line.
It may be inferred that marrying out of the gens was
the rule among the Athenians, before as well as after the
time of Solon, from the custom of registering the wife,
upon her marriage, in the phratry of her husband, and
the children, daughters as well as sons, in the gens and
1
phratry of their father. The fundamental principle on
which the gens was founded was the prohibition of inter
marriage among its members as consanguinei. In each
gens the number of members was not large. Assuming
sixty thousand as the number of registered Athenians in
the time of Solon, and dividing them equally among the
three hundred and sixty Attic gentes, it wc^uld give but
one hundred and sixty persons to each gens. The gens
was a great family of kindred persons, with common
religious rites, a common burial place, and, in general,
common lands. From the theory of its constitution, inter-
marriage would be disallowed. With the change of
descent to the male line, with the rise of monogamy and
an exclusive inheritance in the children, and with the
appearance of heiresses, the way was being gradually
prepared for free marriage regardless of gens, but with
a prohibition limited to certain degrees of near consan-
guinity. Marriages in the human family began in the

i Dem osth., "Bubul.," 24: In his time the registration wai In

the Deme; but it would show who were the phrators. blood rel-
aties, fellow demots and gennetes of the person registered; a
Kuxitheus says; see also Hermann's "Pol It. Antlq. of Greece,"
par. 100.
864 AttCtBtflT SOCIETY

group, the males and females of which, excluding tht

all

children, were joint husbands and wives; but the hus-

bands and wives were of different gentes; and it ended
in marriages between single pairs, with an exclusive
cohabitation. In subsequent chapters an attempt will be
made to trace the several forms of marriage and of the
family from the first stage to the last.
A system of consanguinity came in with the gens, dis-
tinguished as the Turanian in Asia, and as the Ganow-
anian in America, which extended the prohibition of in-
termarriage as far as the relationship of brother and sister
extended among collaterals. This system still prevails
among the American aborigines, in portions of Asia and
Africa, and in Australia. It unquestionably prevailed

among the Grecian and Latin tribes in the same anterior

period, and traces of it remained down to the traditionary
period. One feature of the Turanian system may be
restated as follows: the children of brothers are them-
selves brothers and sisters, and as such could not inter-
marry ; the children of sisters stood in the same relation-
ship, and were under the same prohibition. It may serve
to explain the celebrated legend of the Danaidae, one ver-
sion of which furnished to Aeschylus his subject for the
tragedy of the Suppliants. The reader will remember
that Danaus and ^gyptus were brothers, and descend-
ants of Argive lo. The former by different wives had
fifty daughters, and the latter by different wives had fifty
sons; and in due time the sons of ^Egyptus sought the
daughters of Danaus in marriage. Under the system of
consanguinity appertaining to the gens in its archaic form,
and which remained until superseded by the system intro-
duced by monogamy, they were brothers and sisters, and
for that reason could not marry. If descent at the time
was in the male line, the children of Danaus and ^Egyptus
would have been of the same gens, which would have in-
terposed an additional objection to their marriage, and of
equal weight. Nevertheless the sons of ^Egyptus sought
to overstep these barriers and enforce wedlock upon the
Danaidae; whilst the latter, crossing the sea, fled from
Egypt to Argos to escape what they pronounced an un
 CHANGE OF DESCENT 365

lawful and incestuous union. In the Prometheus of the

same author, this event is foretold to lo by Prometheus,
namely that in the fifth generation from her future son
:

Epaphus, a band of fifty virgins should come to Argos,

not voluntarily, but fleeing from incestuous wedlock with
the sons of -#gyptus. 1 Their flight with abhorrence from
the proposed nuptials finds its explanation in the ancient
system of consanguinity, independently of gentile law.
Apart from this explanation the event has no significance,
and their aversion to the marriages would have been mere
prudery.
The tragedy of the Suppliants is founded upon the
incident of their flight over the sea to Argos, to claim
the protection of their Argive kindred against the pro-
posed violence of the sons of yEgyptus, who pursued
them. At Argos the Danaidae declare that they did not
depart from Egypt under the sentence of banishment, but
fled from men of common descent with themselves, scorn-
2
ing unholy marriage with the sons of ^gyptus. Their
reluctance is placed exclusively upon the fact of kin, thus
implying an existing prohibition against such marriages,
which they had been trained to respect. After hearing
the case of the Suppliants, the Argives in council resolved
to afford them protection, which of itself implies the ex-
istence of the prohibition of the marriages and the valid-
ity of their objection. At the time this tragedy was pro-
duced, Athenian law permitted and even required mar-
riage between the children of brothers in the case of heir-
esses and female orphans, although the rule seems to have
been confined to these exceptional cases such marriages,;

therefore, would not seem to the Athenians either incest-

uous or unlawful but this tradition of the Danaidae had
;

come down from a remote antiquity, and its whole sig-

nificance depended upon the force of the custom for-
bidding the nuptials. The
turning-point of the tradition
and its incidents was repugnance to the
their inveterate
proposed marriages as forbidden by law and custom. No

i "PromethfttiiL" 8SS.
n Aeschylui, "Supp.," 9.
306 ANCIENT SOCIETY

other reason is assigned, and no other is needed. At the

same time their conduct is intelligible on the assumption
that such marriages were as unpermissible then, as mar-
riage between a brother and sister would be at the present
time. The attempt of the sons of ^Egyptus to break
through the barrier interposed by the Turanian system
of consanguinity may mark the time when this system
was beginning to give way, and the present system, which
came in with monogamy, was beginning to assert itself,
and which was destined to set aside gentile usages and
Turanian consanguinity by the substitution of fixed
degrees as the limits of prohibition.
Upon the evidence adduced it seems probable that
among the Pelasgian, Hellenic and Italian tribes descent
was originally in the female line, from which, under the
influence of property and inheritance, it was changed to
the male line. Whether or not these tribes anciently pos-
sessed the Turanian system of consanguinity, the reader
will be better able to judge after that system has been
presented, with the evidence of its wide prevalence in
ancient society.
The length of the traditionary period of these tribes
is of course unknown in the years of its duration, but it
must be measured by thousands of years. It probably
reached back of the invention of the process of smelting
iron ore, and if so, passed through the Later Period of
barbarism and entered the Middle Period. Their condi-
tion of advancement in the Middle Period must have at
least equaled that of the Aztecs, Mayas and Peruvians,
who were found in the status of the Middle Period ; and
their condition in the Later Period must have surpassed
immensely that of the Indian tribes named. The vast
and varied experience of these European tribes in the
two great ethnical periods named, during which they
achieved the remaining, elements of civilization, is entire-
ly lost, excepting as it is imperfectly disclosed in their
traditions,and more fully by their arts of life, their cus-
toms, language and institutions, as revealed to us by
the poems of Homer. Empires and kingdoms were nec-
essarily unknown in these periods but tribes and incon-
;
 CHANGE OF DESCENT 867

siderable nations, city and village life, the growth and

development of the arts of life, and physical, mental and
moral improvement, were among the particulars of that
progress. The loss of the events of these great periods
to human knowledge was much greater than can easily
be imagined.
 CHAPTER XV
GENTES IN OTHER TRIBES OF THE HUMAN FAMILY

Having considered the organization into gentes, phra-

triesand tribes in their archaic as well as later form, it
remains to trace the extent of its prevalence in the human
family, and particularly with respect to the gens, the basis
of the system.
The Celtic branch of the Aryan family retained, in the
Scottish clan and Irish sept, the organization into gentes
to a later period of time than any other branch of the
family, unless the Aryans of India are an exception. The
Scottish clan in particular was existing in remarkable
vitality in the Highlands of Scotland in the middle of the
last century. It was an excellent type of the gens in

organization and in spirit, and an extraordinary illustra-

tion of the power of the gentile life over its members. The
illustrious author of Waverley has perpetuated a number
of striking characters developed under clan life, and
stamped with its peculiarities. Evan Dhu, Torquil, Rob
Roy and many others rise before the mind as illustrations
of the influence of the gens in molding the character of
individuals. If Sir Walter exaggerated these characters in
some respects to suit the emergencies of a tale, they had
a real foundation. The same clans, a few centuries ear-
lier, when clan life was stronger and external influences
were weaker, would probably have verified the pictures.
We find in their feuds and blood revenge, in their locali-
zation by gentes, in their use of lands in common, in the
fidelity of the clansman to his chief and of the members
of the clan to each other, the usual and persistent features
 OKNTBfl IN OTHER TRIBES OF HUMAN FAMILY Ml
of gentile society. As portrayed by Scott, it was a more
intense and chivalrous gentile life than we are able to
find in the gentes of the Greeks and Romans, or, at the
other extreme, in those of the American aborigines*
Whether the phratric organization existed among them
does not appear; but at some anterior period both the
phratry and the tribe doubtless did exist It is well
known that the British government were compelled to
break up the Highland clans, as organizations, in order
to bring the people under the authority of law and the
usages of political society. Descent was in the male line,
the children of the males remaining members of the clan,
while the children of its female members belonged to the
clans of their respective fathers.
We shall pass over the Irish sept, the phis or phrara of
the Albanians, which embody the remains of a prior
gentile organization, and the traces of a similar organi-
zation in Dalmatia and Croatia; and also the Sanskrit
ganas, the existence of which term in the language im-
plies that this branch of the Aryan family formerly pos-
sessed the same institution. The communities of Villeins
on French estates in former times, noticed by Sir Henry
Maine in his recent work, may prove to be, as he inti-
mates, remains of ancient Celtic gentes. "Now that the
explanation has once been given," he remarks, "there can
be no doubt that these associations were not really volun-
tary partnerships, but groups of kinsmen ; not, however,
so often organized on the ordinary type of the Village-
Community as on that of the House-Community, which
has recently been examined in Dalmatia and Croatia.
Each of them was what the Hindus call a Joint-Undi-
vided family, a collection of assumed descendants from
| common ancestor, preserving a common 11 hearth and
common meals during several generations/
A brief reference should be made to the question
whether any traces of the gentile organization remained
among the German tribes when they first came under
historical notice. That they inherited this institution,

History of Institutions," Holt's ed., p. 7,

170 ANCIENT SOCIETY

with other Aryan tribes, from the common ancestors of

the Aryan family, is probable. When first known to the
Romans, they were in the Upper Status of barbarism.
They could scarcely have developed the idea of govern-
ment further than the Grecian and Latin tribes, who were
in advance of them, when each respectively became
known. While the Germans may have acquired an imper-
fect conception of a state, founded upon territory and
upon property, it is not probable that they had any knowl-
edge of the second great plan of government which the
Athenians were first among Aryan tribes to establish.
The condition and mode of life of the German tribes, as
described by Caesar and Tacitus, tend to the conclusion
that their several societies were held together through
personal relations, and with but slight reference to ter-
ritory; and that their government was through these
relations. Civil chiefs and military commanders acquired
and held office through the elective principle, and consti-
tuted the council which was the ohief instrument of gov-
ernment. On lesser affairs, Tacitus remarks, the chiefs
consult, but on those of greater importance the whole
community. While the final decision of all important
questions belonged to the people, they were first maturely
1
considered by the chiefs. The close resemblance of
these to Grecian and Latin usages will be perceived. The
government consisted of three powers, the council of
chiefs, the assembly of the people, and the military com-
mander.
Caesar remarks that the Germans were not studious of
agriculture, the greater part of their food consisting of
milk, cheese and meat nor had any one a fixed quantity
;

of land, or his own individual boundaries, but the mag-

istrates and chiefs each year assigned to the gentes and
kinsmen who had united in one body (gentibus cogna-
tionibtuque hominum qui una coerint) as much land, and
in such places as seemed best, compelling them the next
year to remove to another place.* To give effect to the

*'
i "Germanla e. ii.
"I* Bll. 6*11.," vl, II
 GENTE6 IN OTHER TRIBES OF HUMAN FAMILY ft?!

expression in parenthesis, it must be supposed that he

found among them groups of persons, larger than a

family, united on the basis of kin, to whom, as groups of
persons, lands were allotted. It excludes individuals, and
even the family, both of whom were merged in the group
thus united for cultivation and subsistence. It seems
probable, from the form of the statement, that the Ger-
man family at this time was syndyasmian and that sev-
;

eral related families were united in households and prac-

ticed communism in living.
Tacitus refers to a usage of the German tribes in the
arrangement of their forces in battle, by which kinsmen
were placed side by side. It would have no significance,
if kinship were limited to near consanguine!. And what
is an especial incitement of their courage, he remarks,
neither chance nor a fortuitous gathering of the forces
make up the squadron of horse, or the infantry wedge;
but they were formed according to families and kinships
1
(fatnilix et propinqititates). This expression, and that
previously quoted from Caesar, seem to indicate the re-
mains at least of a prior gentile organization, which at
thistime was giving place to the mark or local district as
the basis of a still imperfect political system.
The German tribes, for the purpose of military levies,
had the mark (markgenossenschaft), which also existed
among the English Saxons, and a larger group, the gau,
to which Caesar and Tacitus gave the name of pagus? It
is doubtful whether the mark and the gau were then
strictly geographical districts, standing to each other in
the relations of township and county, each circumscribed
by bounds, with the people in each politically organized.
It seems more probable that the gau was a group of
settlements associated with reference to military levies.
As such, the mark and the gau were the germs of the
future township and county, precisely as the Athenian

"German!*," cap. 7. The line of battle, thli author remark*.

i

! formed by wedgei. "Aclet per cuneoe componitur." "Qer.,**

e. Kohlrautch observe* that "the confederate* of one mark
6.
or hundred, and of one race or sept. fou*ht united." "History
of Germany/* Appleton's ed., trans, by J. D. Haas, p. It*
"pe Bell Oall," Iv. 1. "Germanlm," cap. *.
 72 ANCIENT SOCIETY

naucrary and trittys were the rudiments of the Cleisthen-

ean deme and local tribe. These organizations seemed
transitional stages between a gentile and a political
system, the1 grouping of the people still resting on con-
sanguinity.
We naturally turn to the Asiatic continent, where the
types of mankind are the most numerous, and where,
consequently, the period of human occupation has been
longest, to find the earliest traces of the gentile organi-
zation. But here the transformations of society have
been the most extended, and the influence of tribes and
nations upon each other the most constant. The early
development of Chinese and Indian civilization and the
overmastering influence of modern civilization have
wrought such changes in the condition of Asiatic stocks
that their ancient institutions are not easily ascertainable.
Nevertheless, the whole experience of mankind from
savagery to civilization was worked out upon the Asiatic
continent, and among its fragmentary tribes the remains
of their ancient institutions' must now be sought.
Descent in the female line is still very common iji the

i Dr. Freeman, who has studied this ffubject specially, re*

marks: "The lowest unit in the political system is that which
still exists under various names, as the 'mark,' the 'gemeinde/
the 'commune/ or the 'pariah.' This, as we have seen, is one
of many forms of the 'gens' or clan, that in which it is no
longer a wandering or a mere predatory body, but when, on
the other hand, it has not joined with others to form one corn-

village community of the West. This lowest political unit, this

gathering of real or artificial kinsmen, is made up of families,
each living under the rule, the 'mund' of its own father, that
'patria potestas* which survived at Rome to form so marked
and lasting a feature of Roman law. As the, union of families
forms the Tgens,' and as the 'gens' in its territorial aspect forms
the 'markgenossenschaft/ so the union of several such village
communities and their 'marks' or common lands forms the next
higher political union, the hundred, a name to be found in one
shape or another in most lands into which the Teutonic race
has spread itself Above the hundred comes the *pagus/
the 'gau/ the Danish 'syssel,' the English 'shire/ that is, the
tribe looked at as occupying a certain territory. And each of
these divisions, greater and smaller, had its chiefs The
hundred Is made up of villages, marks, gemeinden, whatever
we call the lowest unit; the 'shire/ the ^gau/ the *pajrus/ is
made up of hundreds." "Comparative Politics/' McMillan &
ed. f p. 11.
 QENTBS IN OTHER TRIBES OF HUMAN FAMILY 37$

ruder Asiatic tribes but there are numerous tribes

; among
whom traced in the male line. It is the limitation of
it is

descent to one line or the other, followed by the organiza-

tion of the body of consanguine!, thus separated under a
common name which indicates a gens.
In the Magar tribe of Nepaul, Latham remarks, "there
are twelve thums. All individuals belonging to the 'same
thum are supposed to be descended from the same male
ancestor; descent from the same mother being by no
means necessary. So husband and wife must belong to
different thums. Within one and the same there is no
marriage. Do you wish for a wife? If so, look to the
thum of your neighbor; at any rate look beyond your
own. This is the first time I have found occasion to
mention this practice. It will not be the last; on the
contrary, the principle it suggests is so common as to be
almost universal. We
shall find it in Australia ; we shall
find it North and South America; we shall find it in
in
Africa; we shall find it in Europe; we shall suspect and
infer it in many places where the actual evidence of its
1
existence is incomplete/' In this case we have in the
thum clear evidence of the existence of a gens, with
descent in the male line.
'The Munnieporees, and the following tribes inhabit-
ing the hills round Munniepore the Koupooes, the
Mows, the Murams, and the Murring are each and all
divided into four families Koomul, Looang, Angom,
and Ningthaja. A member of any of these families may
marry a member of any other, but the intermarriage of
members of the same family is strictly prohibited. In
these families may be recognized four gentes in each of
these tribes. Bell, speaking of the Telush of the Circas-
sians, remarks that "the tradition in regard to them is,
that the members of each and all sprang from the same
stock or ancestry; and thus they may be considered as
so many septs or clans These cousins german,
or members of the same fraternity, are not only them*

i "Descriptive Ethnology," 1, 80.

McLennan'* "Primitive Marriage," p. 109.
 74 ANCIBOT SOCIETY

selves interdicted from intermarrying, but their serfs, t66,

1
must wed with serfs of another fraternity*" It is proba-
ble that the telush is a gens.
Among the Bengalese "the four castes are subdivided
into many different sects or classes, and each of these is
again subdivided; for instance, I am of Nundy tribe
[gens?], and if I were a heathen I could not marry a
woman of the same tribe, although the caste must be the
same. The children are of the tribe of their father.
Property descends to the sons. In case the'person has no
sons, to his daughters; and if he leaves neither, to his
nearest relatives. Castes are subdivided, such as Shuro,
which is one of the first divisions; but it is again sub-
divided, such as Khayrl, Tilly, Tatnally, Tanty, Chomor,
Kari, etc. A man belonging to one of these last-named
1
subdivisions cannot marry a woman of the same." These"
smallest groups number usually about a hundred persons,
and still retain several of the characteristics of a gens.
Mr. Tyler remarks, that "in India it is unlawful for a
Brahman to marry a wife whose clan-name or ghotra
(literally 'cow-stall') is the same as his own, a prohibi-
tion which bars marriage among relatives in the male
line indefinitely. This law appears in the code of Manu
as applying to the first three castes, and connexions on
the female side are also forbidden to marry within certain
wide limits."* And again "Among the Kols of Chota-
:

Nagpur, we find many of the Oraon and Munda clans

named after animals, as eel, hawk, crow, heron, and they
4
must not kill or eat what they are named after."
The Mongolians approach the American aborgines
quite nearly in physical characteristics. They are divided
into numerous tribes. "The connection," says Latham,
"between the members of a tribe is that of blood, pedi-
gree, or descent; the tribe being, in some cases, named
after a real or supposed patriarch. The tribe, by which

i Quoted In "Primitive Marriare," p. 101.

'^Letter to the Author/' by Key. Gopenath Nuad?* a Nathre
ttencalese. India.
3 'TBarly Hiitory of Mankind/' jp. 282.
4 "Primitive Culture/' Holt *
Co/i ed., 11, 215,
 ttf OTHfifc TfttBfiS OF HUMAN FAfclLT 875

we translate the native name aimauk, or aimdk, is a large

1
division falling into so many kokhums, or banners." The
statement is not full enough to show the existence of
gentes. Their neighbors, the Tungusians are composed
of subdivisions named after animals, as the horse, the
dog, the reindeer, which imply the gentile organizations,
but it cannot be asserted without further particulars.
Sir John Lubbock remarks of the Kalmucks that
according to De Hell, they "are divided into hordes, and
no man can marry a woman of the same horde ;" and of
the Ostiaks, that they "regard it as a crime to marry a
woman of the same family or even of the same name;"
and that "when a Jakut (Siberia) wishes to marry, he
must choose a girl from another clan."1 We
have in
each of these cases evidence of the existence of a gens,
one of the rules of which, as has been shown, is the
prohibition of intermarriage among its members. The
Yurak Samoyeds are organized in gentes. Klaproth,
quoted by Latham, remarks that "this division of the
kinsmanship is so rigidly observed that no Samoyed takes
a wife from the kinsmanship to which he himself belongs.
On the contrary, he seeks her in one of the other two/"
A peculiar family system prevails among the Chinese
which seems to embody the remains of an ancient gentile
organization. Mr. Robert Hart, of Canton, in a letter to
the author remarks, "that the Chinese expression for the
people is Pih-sing, which means the Hundred Family
Names; but whether this is mere word-painting, or had
its origin at a time when the Chinese general family con-
sisted of one hundred subfamilies or tribes [gentes?] I
am unable to determine. At the present day there are
about four hundred family names in this country, among
which I find some that have reference to animals, fruits,
metals, natural objects, etc., and which may be translated
as Horse, Sheep, Ox, Fish, Bird, Phoenix, Plum, Flower,
Leaf, Rice, Forest, River, Hill, Water, Cloud, Gold, Hide,

i "Descriptive Ethnology," 1, 290.

"Origin of Civilization/' 96.
j "Descriptive Ethnology," i, 475.
876 ANCIENT SOCIETY

Bristles, etc., etc. In some parts of the country large

villages are met with, in each of which there exists but
one family name ; thus in one district will be found, say,
three villages, each containing two or three thousand peo-
ple, the one of the Horse, the second of the Sheep, and
the third of the Ox family name Just as among the
North American Indians husbands and wives are of dif-
ferent tribes [gentes], so in China husband and wife are
always of different families, i. e., of different surnames.
Custom and law alike prohibit intermarriage on the part
of people having the same family surname. The children
are of the father's family, that is, they take his family
surname Where the father dies intestate the prop-
erty generally remains undivided, but under the control
of the oldest son during the life of the widow. On her
death he divides the property between himself and his
brothers, the shares of the juniors depending entirely up-
on the will of the elder brother."
The family here described appears to be a gens, anal-
ogous to the Roman in the time of Romulus but whether
;

it was reintegrated, with other gentes of common descent,

in a phratry does not appear. Moreover, the gentiles are
still located as an independent consanguine body in one

area, as the Roman gentes were localized in the early

period, and the names of the gentes are still of the archaic
type. Their increase to four hundred by segmentation
might have been expected; but their maintenance to the
present time, after the period of barbarism has long
passed away, is the remarkable fact, and an additional
proof of their immobility as a people. It may be sus-
pected also that the monogamian family in these villages
has not attained its full development, and that commun-
ism in living, and in wives as well, may not be unknown
among them. Among the wild aboriginal tribes, who
still inhabit the mountain regions of China and who speak

dialects different from the Mandarin, the gens in its

archaic form may yet be discovered. To these isolated
tribes, we should naturally look for the ancient institu-
tions of the Chinese.
In like manner the tribes of Afghanistan are said to
 QENTBJS IN OTHER TRIBES OF HUMAN FAMILY 37)

be subdivided into clans but whether these clans are true

;

gentes has not been ascertained.

Not to details of a sim-
weary the reader with further
ilar character, a sufficient number of
cases have been
adduced to create a presumption that the gentile organi-
zation prevailed very generally and widely among the
remote ancestors of the present Asiatic tribes and nations.
The twelve tribes of the Hebrews, as they appear in
the Book of Numbers, represent a reconstruction of
Hebrew society by legislative procurement. The condi-
tion of barbarism had then passed away, and that of civi-
lization had commenced. The principle on which the
tribes were organized, as bodies of consanguinei, presup-
poses an anterior gentile system, which had remained in
existence and was now systematized. At this time they
had no knowledge of any other plan of government than
a gentile society formed of consanguine groups united
through personal relations. Their subsequent localiza-
tion in Palestine by consanguine tribes, each district
named after one of the twelve sons of Jacob, with the
exception of the tribe of Levi, is a practical recognition
of the fact that they were organized by lineages and not
into a community of citizens. The history of the most
remarkable nation of the Semitic family has been con-
centrated around the names of Abraham, Isaac and
Jacob, and the twelve sons of the latter.
Hebrew history commences essentially with Abraham
the account of whose forefathers is limited to a pedigree
barren of details. A
few passages will show the extent
of the progress then made, and the status of advancement
in which Abraham appeared. He is described as "very
l
rich in cattle, in silver, and in gold." For the cave of
Machpelah "Abraham weighed to Ephron the silver,
which he had named in the audience of the sons of Heth,
four hundred shekels of silver, current money with the
merchant." * With respect to domestic life and subsist-
ence, the following passage may be cited "And Abra-
:

i "Gnls," xili. *.
"OeneiU," xxili, II.
878 ANCIENT BOCtflW

ham hastened into the tent unto Sarah, and said, Make
ready quickly three measures of fine meal knead It, and
;

make cakes upon the hearth." a "And he took butter and

milk, and the calf which he had dressed, and set it before
them." * With respect to implements, raiment and orna-
1

ments : "Abraham took the fire in his hand and a knife." 8

"And the servant brought forth jewels of silver, and jew-
els of gold, and raiment, and gave them to Rebekah he :

gave also to her brother and to her mother precious

4
things." When she met Isaac, Rebekah "took a veil
and covered herself." 6 In the same connection are men-
tioned the camel, ass, ox, sheep and goat, together with
flocks and herds; the grain mill, the water pitcher, ear-
rings, bracelets, tents, houses and cities. The bow and
arrow, the sword, corn and wine, and fields sown with
grain, are mentioned. They indicate the Upper Status
of barbarism for Abraham, Isaac and Jacob. Writing in
this branch of the Semitic family was probably then un-
known. The degree of development shown corresponds
substantially with that of the Homeric Greeks.
Early Hebrew marriage customs indicate the presence
of the gens, and in its archaic form. Abraham, by his
servant, seemingly purchased Rebekah as a wife for
Isaac the "precious things" being givep to the brother,
;

and to the mother of the bride, but not to the father. In

this case the presents went to the gentile kindred, pro-
vided a gens existed, with descent in the female line.
Again, Abraham married his half-sister Sarah. "And
yet indeed," he says, "she is my sister she is the daughter
;

of my father, but not the daughter of my mother; and

e
she became my wife."
With an existing gens and descent in the female line
Abraham and Sarah would have belonged to different
gentes, and although of blood kin they were not of gen-
tile kin, and could have married by gentile usage. The

i Ib., xviii, 6.
a Ib., xviii, 8.
3 Ib., xxii, 6.
4 Ib., xxiv, 63.
xxiv. 66.
Jib.,
Ib., xx, i2.
 C5IDNTES |K Ortttfi* TfctBttS OF HUMAN FAMtLt 87$

case would have been reversed in both particulars with

descent in the male line. Nahor married his niece, the
1
daughter of his brother Haran ; and Amram, the father
of Moses, married his aunt, the sister of his father, who
became the mother of the Hebrew lawgiver. 1 In these
cases, with descent in the female line, the persons mar-
rying would have belonged to different gentes but other- ;

wise with descent in the male line. While these cases

do not prove absolutely the existence of gentes, the
latter would afford such an explanation of them as to
raise a presumption of the existence of the gentile or-
ganization in its archaic form.
When the Mosaic legislation was completed the
Hebrews were a civilized people, but not far enough
advanced to institute political society. The scripture
account shows that they were organized in a series of
consanguine groups in an ascending scale, analogous to
the gens, phratry and tribe of the Greeks. In the muster
and organization of the Hebrews, both as a society and
as an army, while in the Sinaitic peninsula, repeated ref-
erences are made to these consanguine groups in an
ascending series, the seeming equivalents of a gens,
phratry and tribe. Thus, the tribe of Levi consisted of
eight gentes organized in three phratries, as follows :

Tribe of Levi.
Sons ( I. Gershon. 7,500 Males.
"
of ] II. Kohath. 8,600
"
Levi. (ill. Merari. 6,aoo
I. Gershonite Phratry.
Gentes. i. Libni. 2. Shimei.

II. Kohathite Phratry.

Gentes. i. Amram. 2. Ishar. 3. Hebron. 4. U**iel.

III. Merarite Phratry.

Gentes. i. Mahli. 2. Mushi.

"Number the children of Levi after the house of their

," xi, t.
"Bxodui," vl, 20.
880 ANCIENT aoctm-r

fathers, by And these were the sons

their families
of Lev! by their names Gershon, and Kohath, and Mer-
;.

ari. And these were the names of the sons of Gershon

by their families; Libni, and Shimei. And the sons of
Kohath by their families; Amram, and Izhar, Hebron,
and Uzziel. And the sons of Merari by their families ;

Mahli, and Mushi. These are the families of the Le-

l
vites by the house of their fathers."
The description of these groups sometimes commences
with the upper member of the series, and sometimes with
the lower or the unit. Thus "Of the children of Sim- :

eon, by their generations, after their families, by the

house of their fathers." * Here the children of Simeon,
with their generations, constitute the tribe; the families
are the phratries; and the house of the father is the gens.
Again : "And the chief of the house of the father of the
families of the Kohathites shall be Elizaphan the son of
*
Uzziel.' Here we find the gens first, and then the
phratry and last the tribe. The -person named was the
chief of the phratry. Each house of the father also had its
ensign or banner to distinguish it from others. "Every
man of the children of Israel shall pitch by his own
.

1 **

standard, with the ensign of their father's house. These

terms describe actual organizations and they show that ;

their military organization was by gentes, by phratries

and by tribes.
With respect to the first arid smallest of these groups,
"the house of the father," it must have numbered several
hundred persons from the figures given of the number
in each phratry. The Hebrew term beth' ab, signifies
paternal house, house of the father, and family house. If
the Hebrews possessed the gens, it was this group of
persons. The use of two terms to describe it would leave
a doubt, unless individual families under monogamy had
then become so numerous and so prominent that this cir-
cumlocution was necessary- to cover the kindred. We
have literally, the house of Amram, of Izhar, of Hebron,
i "Numberi/' ill, 16-10.
9 ib. t i, 22.
3 Ib., ill, 80.
4 Ib., II, 2.
 OBNTES IN OTHER TRIBES OF HITMAN FAMILY 381

and of Uzziel; but as the Hebrews at that time could

have had no conception of a house as now applied to a
titled it probably signified, as used, kindred or
family,
1
lineage. Since each division and subdivision is headed
by a male, and since Hebrew descehts are traced through
males exclusively, descent among them, at this time, was
undoubtedly in the male line. Next in the ascending
scale is the family, which seems to be a phratry. The
Hebrew term for this organization, mishpacah, signifies
union, clanship. It was composed of two or more houses
of the father, derived by segmentation from an original
group, and distinguished by a phratric name. It answers
very closely to the phratry. The family or phratry had
an annual sacrificial feast. f Lastly, the tribe, called in
Hebrew matteh, which signifies a branch, stem or shoot,
is the analogue of the Grecian tribe.

Very few particulars are given respecting the rights,

privilegesand obligations of the members of these bodies
of consanguine!. The idea of kin which united each or-
ganization from the house of the father to the tribe, is
carried out in a form much more marked and precise
than in the corresponding organizations of Grecian,
Latin or American Indian tribes. While the Athenian
traditions claimed that the four tribes were derived from
the four sons of Ion, they did not pretend to explain the
origin of the gentes and phratries. On the contrary, the
Hebrew account not only derives the twelve tribes gen-
ealogically from the twelve sons of Jacob, but also the
gentes and phratries from the children and descendants
of eacli. Human experience furnishes no parallel of the
growth of gentes and phratries precisely in this way.
The account must be explained as a classification of exist-
ing consanguine groups, according to the knowledge
preserved by tradition, in doing which minor obstacles
were overcome by legislative constraint.
The Hebrews styled themselves the " People of Israel,"
i Kiel and Delltaschs, In their commentaries on Exodus vt.
14, remark that "father's house was a technical term applied
to a collection of families called by the name of a commop an-
cestor." This is a fair definition of a arena.
"f Samuel/' xx, f, I*.
 88 ANCIENT SOCIETY
*
and also a "Congregation/' It is a direct recognition of
the fact that their organization was social, and not po-
litical.
In Africa we encounter a chaos of savagery and bar-
barism. Original arts and inventions have largely dis~
appeared, through fabrics and utensils introduced from
external sources; but savagery in its lowest forms, can-
nibalism included, and barbarism in its lowest forms pre-
vail over the greater part of the continent. Among the
interior tribes, there is a nearer approach to an indige-
nous culture and to a normal condition; but Africa, in
the main, is a barren ethnological field.
Although the home of the Negro race, it is well known
that their numbers are limited and their areas small.
Latham significantly remarks that "the negro is an ex-
ceptional African/ The Ashiras, Aponos, Ishogos and
Ashangos, between the Congo and the Niger, visited by
Du Chaillu, are of the true negro type. "Each village,"
he remarks, "had its chief, and further in the interior the
villages seemed to be governed by elders, each elder with
his people having a separate portion of the village to
themselves. There was in each clan the ifoumou, fumou,
or acknowledged head of the clan (ifoumou meaning the
source, the father). I have never been able to obtain
from the natives a knowledge concerning the splitting of
their tribes into clans; they seemed not to know how it
happened, but the formation of new clans does not take
place now among them. .. The house of a chief or
.

elder is not better than those of his neighbors. The

despotic form of government is unknown ..... A
council of the elders is necessary before one is put to
death ..... Tribes and clans intermarry with each
other, and this brings about a friendly feeling among the
people. People of the same clan cannot intermarry with
each other. The least consanguinity is considered an
abomination nevertheless the nephew has not the slight-
;

est objection to take his uncle's wives, and, as among the

u. IM.
 OENTBS IN OTHER TRIBES OF HUMAN FAMILY 883

Balakai, the son takes his father's wives, except his own
mother Polygamy and slavery exist every-
where among the tribes I have visited The law
of inheritance among the Western tribes is, that the next
brother inherits the wealth of the eldest (women, slaves,
etc.), but that if the youngest dies the eldest inherits his
property, and if there are no brothers that the nephew
inherits it. The headship of the clan or family is hered-
itary, following the same law as that of the inheritance
of property. In the case of all the brothers having died,
the eldest son of the eldest sister inherits, and it goes on
thus until the branch is extinguished, for all clans are
considered as descended from the female side." 1
All the elements of a true gens are embodied in the
foregoing particulars, namely, descent is limited to one
line, in this case the female, which gives the gens in its
archaic form. Moreover, descent is in the female line
with respect to office and to property, as well as the gen-
tile name. The office of chief passes from brother to
brother, or from uncle to nephew, that nephew being the
son of a sister, as among the American aborigines whilst
;

the sons are excluded because not members of the gens

of the deceased chief. Marriage in the gens is also for-
bidden. The only material omission in these precise
statements is the names of some of the gentes. The
hereditary feature requires further explanation.
Among the Banyai of the Zambezi river, who are a
people of higher grade than the negroes, Dr. Livingstone
observed the following usages : 'The government of the
Banyai is rather peculiar, being a sort of feudal republic-
anism. The chief is elected, and they choose the son of
a deceased chief's sister in preference to his own off-
spring. When dissatisfied with one candidate, they even
go to a distant tribe for a successor, who is usually of the
family of the late chief, a brother, or a sister's son, but
never his own son or daughter All the wives,
goods, and children of his predecessor belong to him."*

i"Ashaniro Land," Appletons' ed., p. 425, et seq.

"Travels in South Africa," Appletons' ed. ch. 80, p. 660.
t

"When a young man takes a liking for a girl of anotner vll-

 94 ANCIENT SOCIETY

Dr. Livingstone does not give the particulars of their so-

cial organization; but the descent of the office of chief
from brother to brother, or from uncle to nephew, im-
plies the existence of the gens with descent in the female
line.
The numerous tribes occupying the country watered
by the Zambezi, and from thence southward to Cape
Colony, are regarded by the natives themselves, accord-
ing to Dr. Livingstone, as one stock in three great1
divis-
ions, the Bechuanas, the Basutos, and the Kafirs. With
respect to the former, he remarks that "the Bechuana
tribe^ are named after certain animals, showing probably
that in ancient times they were addicted to animal worship
like the ancient Egyptians. The term Bakatla means
'they of the Monkey'; Bakuona, 'they of the Alligator';
Batlapi, 'they of the Fish'; each tribe having a super-
stitious dread of the animal after which it is called. . .

A tribe never eats the animal which is its namesake.

.... We find traces of many ancient tribes in individ-
ual members of those now extinct ; as Batau, 'they of the
Lion'; Banoga, 'they of the Serpent/ though no such
tribes now exist."* These animal names are suggestive
of the gens rather than the tribe. Moreover, the fact
that single individuals are found, each of whom was the
last survivor of his tribe, would be more likely to have
occurred if gens were understood in the place of tribe.
Among the Bangalas of the Cassange Valley, in Argola,
Livingstone remarks that "a chief's brother inherits in
preference to his sons. The sons of a sister belong to her
brother ; and he often sells his nephews to pay his debts.**
Here again we have evidence of descent in the female
line ; but his statements are too brief and general in these
and other cases to show definitely whether or not they
possessed the gens.
lage, and the parents have no objection to the match, he in
obliged to come and live at their village. He ha* to perform
certain services for the mother-in-law. .... If he becomes tired
of living in this state of vassalage, and wishes to return to
his own family, he is obliged to leave all his children behind
they belong to his wife."- Ib., p. 667.
i "Travel in South Africa," p. $19,
* Ib. 9 p. 471.
3 |b., j>. 471,
 OENTES IN OTHER TRIBES OP HUMAN FAMILY 885

Among the Australians the gentes of the Kamilaroi

have already been noticed. In ethnical position the
aborigines of this great island are near the bottom of the
scale. When discovered they were not only savages, but
in a low condition of savagery. Some of the tribes were
cannibals. Upon this last question Mr. Fison, before
mentioned, writes as follows to the author: "Some, at
least, of the tribes are cannibals. The evidence of this
is conclusive. The Wide Bay tribes eat not only their
enemies slain in battle, but their friends also who have
been killed, and even those who have died a natural death,
provided they, are in good condition. Before eating they
skin them, and preserve the skins by rubbing them with
mingled fat and charcoal. These skins they prize very
highly, believing them to have great medicinal value."
Such pictures of human life enable us to understand
the condition of savagery, the grade of its usages, the
degree of material development, and the low level of the
mental and moral life of the people. Australian human-
ity, as seen in their cannibal customs, stands on as low a
plane as it has been known to touch on the earth. And
yet the Australians possessed an area of continental
dimensions, rich in minerals, not uncongenial in climate,
and fairly supplied with the means of subsistence. But
after an occupation which must be measured by thou-
sands of years, they are still savages of the grade above
indicated. Left to themselves they would probably have
remained for thousands of years to come, not without
any, but with such slight improvement as scarcely to
lighten the dark shade of their savage state.
Among the Australians, whose institutions are normal
and homogeneous, the organization into gentes is not
confined to the Kamilaroi, but seems to be universal. The
Narrinyeri of South Australia, near Lacepede Bay are
organized in gentes named after animals and insects.
Rev. George Taplin, writing to my friend Mr. Fison,
after stating that the Narrinyeri do not marry into their
own gens, and that the children were of the gens of their
father, continues as follows : "There are no castes, nor
are there any classes, similar to those of the Kamilaroi-
 ANCIENT SOCIETY

tribes of New South Wales. But each tribe or

family {and a tribe is a family) has its totem, or ngaityej
and indeed some individuals have this ngaitye. It is

regarded as the man's tutelary genius. It is some animal,

bird, or insect The natives are very strict
in their marriage arrangements. A
tribe [gens] is con-
sidered a family, and a man never marries into his own
tribe/'
Mr. Fison also writes, "that among the tribes of the
Maranoa district, Queensland, whose dialect is called
Urghi, according to information communicated to me by
Mr. A. S. P. Cameron, the same classification exists as
among the Kamilaroi-speaking tribes, both as to the class
names and the totems/' With respect to the Australians
of the Darling River, upon information communicated by
Mr. Charles G. N. Lockwood, he further remarks, that
"they are subdivided into tribes (gentes), mentioning the
Emu, Wild Duck, and Kangaroo, but without saying
whether there are others, and that the children take both
1
the class name and totem of the mother/'
From the existence of the gentile organization among
the tribes named its general prevalence among the Austra-
lian aborigines is rendered probable ; although the institu-
tion, as has elsewhere been pointed out, is in the incipient
stages of its development.
Our information with respect to the domestic institu-
tions of the inhabitants of Polynesia, Micronesia and the
Papuan Islands is still limited and imperfect. No traces
of the gentile organization have been discovered among
the Hawaiians, Samoans, Marquesas Islanders or New
Zealanders. Their system of consanguinity is still prim-
itive, showing that their institutions have not advanced
1
as far as this organization In some of the
presupposes.
Micronesian Islands the office of chief is transmitted
1
through females; but this usage might exist indepen-
dently of the gens. The Fijians are subdivided into
several tribes speaking dialects of the same stock Ian-

i See Atoo Taylor'1 "Early History, of Mankind," p. 284.

"8ytera or Conmurulnity," etc.; loe. ctt., pp. 461, 481.
3"MUaiofcary Herald," 1SSS, p. 00.
 OBNTBS IN OTHER TRIBES OF HUMAN FAMILY 887

guage. One of these, the Rewas, consists of four subdivi-

sions under* distinctive names, and each of these is again
subdivided. It does not seem probable that the last sub-
divisions are gentes, for the reason, among others, that
its members are allowed to intermarry. Descent is in the
male line. In like manner the Tongans are composed of
divisions, which are again subdivided the same as the
Rewas.
Around the simple ideas relating to marriage and the
family, to subsistence and to government, the earliest
social organizations were formed and with them an ex-
;

position of the structure and principle of ancient society

must commence. Adopting the theory of a progressive
development of mankind through the experience of the
ages, the insulation of the inhabitants of Oceanica, their
limited local areas, and their restricted means of sub-
sistence predetermined a slow rate of progress. They
still represent a condition of mankind on the continent of
Asia in times immensely remote from the present and ;

while peculiarities, incident to their insulation, undoubt-

edly exist, these island societies represent one of the early
phases of the great stream of human progress. An ex-
position of their institutions, inventions and discoveries,
and mental and moral traits, would supply one of the
great needs of anthropological science.
This concludes the discussion of the organization into
gentes, and the range of its distribution. The organiza-
tion has been found among the Australians and African
Negroes, with traces of the system in other African
tribes. It has been found generally prevalent among that
portion of the American aborigines who when discovered
were in the Lower Status of barbarism and also among
;

a portion of the Village Indians who were in the Middle

Status of barbarism. In like manner it existed in full
vitality among the Grecian and Latin tribes in the Upper
Status of barbarism with traces of it in several of the
;

remaining branches of the Aryan family. The organiza-

tion has been found, or traces of its existence, in the
Turanian, Uralian and Mongolian families ; in the Tun-
gusian and Chinese stocks, and in the Semitic family
388 ANCIENT SOCIETY

among the Hebrews. Facts sufficiently numerous and

commanding have been adduced to claim for it an ancient
universality in the human family, as well as a general
prevalence through the latter part of the period of savag-
ery, and throughout the period of barbarism.
The investigation has also arrayed a sufficient body of
facts to demonstrate that this remarkable institution was
the origin and the basis of Ancient Society. It was the
first organic principle, developed through experience,
which was able to organize society upon a definite plan,
and hold it in organic unity until it was sufficiently
advanced for the transition into political society. Its

antiquity, its substantial universality and its enduring

vitality are sufficiently shown by its perpetuation upon all
the continents to the present time. The wonderful adapt-
ability of the gentile organization to the wants of man-
kind in these several periods and conditions is sufficiently
attested by its prevalence and by its preservation. It has
been identified with the most eventful portion of the ex-
perience of mankind.
Whether the gens originates spontaneously in a given
condition of society, and would thus repeat itself in
disconnected areas or whether it had a single origin, and
;

was propagated from an original center, through succes-

sive migrations, over the earth's surface, are fair ques-
tions for speculative consideration. The latter hypothesis,
with a simple modification, seems to be the better one,
for the following reasons : We find that two forms of
marriage, and two forms of the family preceded the
institution of the gens. It required a peculiar experience
to attain to the second form of marriage and of the
family, and to supplement this experience by the inven-
tion of the gens. This second form of the family was the
final result, through natural selection, of the reduction
within narrower limits of a stupendous conjugal system
which enfolded savage man and held him with a power-
ful grasp. His final deliverance was too remarkable and
too improbable, as it would seem, to be repeated many
different times, and in widely separated areas. Groups
of consanguinei, united for protection and subsistence,
 tN OtHEfc TRIBES 6F HUMAN FAMILY ggft

doubtless, existed from the infancy of the human family ;

but the gens is a very different body of kindred. It takes

a part and excludes the remainder it organized this part
;

on the bond of kin, under a common name, and with

common rights and privileges. Intermarriage in the gens
was prohibited to secure the benefits of marrying out
with unrelated persons, This was a vital principle of the
organism as well as one most difficult of establishment
Instead of a natural and obvious conception, the gens was
essentially abstruse ; and, as such, a product of high intel-
ligence for the times in which it originated. It required
long periods of tim^., after the idea was developed into
life, to bring it to maturity with its uses evolved. The
Polynesians had this punaluan family, but failed of
inventing the gens ; the Australians had the same form of
the family and possessed the gens. It originates in the
punaluan family, and whatever tribes had attained to it
possessed the elements out of which the gens was formed.
This is the modification of the hypothesis suggested. In
the prior organization, on the basis of sex, the germ of
the, gens existed. When the gens had become fully devel-
oped in its archaic form it would propagate itself over
immense areas through the superior powers of an im-
proved stock thus created. Its propagation is more easily
explained than its institution. These considerations tend
to show, the improbability of its repeated reproduction in
disconnected areas. On the other hand, its beneficial
effects in producing a stock of savages superior to any
then existing upon the earth must be admitted. When
migrations were flights under the law of savage life, or
movements in quest of better areas, such a stock would
spread in wave after wave until it covered the larger part
of the earth's surface. A consideration of the principal
facts now ascertained bearing upon this question seems
to favor the hypothesis of a single origin of the organiza-
tion into gentes, unless we go back of this to the Austra-
lian classes, which gave the punaluan famijy out of which
the gens originated, and regard these classes as the orig-
inal basis of ancient society. In this event wherever the
classes were established, the gens existed potentially.
(00 AKCIENT SOCIBtt

Assuming the unity of origin of mankind, the occupA*

tion of the earth occurred through migrations from an
original center. The Asiatic continent must then be
regarded as the cradle-land of the species, from the great-
er number of original types of man it contains in com-
parison with Europe, Africa and America. It would also
follow that the separation of the Negroes and Australians
from the common stem occurred when society was organ-
ized on the basis of sex, and when the family was puna-
luan; that the Polynesian migration occurred later, but
with society similarly constituted; and finally, that the
Ganowanian migration to America occurred later still,
and after the institution of the gentes. These inferences
are put forward simply as suggestions.
A knowledge of the gens and its attributes, and of the
range of its distribution, is absolutely necessary to a prop-
er comprehension of Ancient Society. This is the great
subject now requiring special and extended investigation.
This society among the ancestors of civilized nations at-
tained its highest development in the last days of bar-
barism. But there were phases of that same society far
back in the anterior ages, which must now be sought
among barbarians and savages in corresponding condi-
tions. The idea of organized society has been a growth
through the entire existence of the human race its sev-
;

eral phases are logically connected, the one giving birth

to the other in succession, and that form of it we have
been contemplating originated in the gens. No other insti-
tution of mankind has held such an ancient and remark*
able relation to the course of human progress. The real
history of mankind is contained in the history of the
growth and development of institutions, of which the
gens is but one. It is, however, the basis of those which
have exercised the most material influence upon human
affairs.
 PART IIL

GROWTH OF THE IDEA OF THE FAMILY

 CHAPTER I

THE ANCIENT FAMILY

We have been accustomed to regard the monogarnian

family as the form which has always existed; but inter-
rupted in exceptional areas by the patriarchal. Instead
of this, the idea of the family has been a growth through 1

successive stages of development, the monogamian being

the last in its series of forms. It will be my object to
show that it was preceded by more ancient forms which
prevailed universally throughout the period of savagery,
through the Older and into the Middle Period of barbar-
ism and that neither the monogamian nor the patriarchal
;

can be traced back of the Later Period of barbarism.

They were essentially modern. Moreover, they were im-
possible in ancient society, until an anterior experience
under earlier forms in every race of mankind had pre-
pared the way for their introduction.
Five different and successive forms may now be distin-
guished, each having an institution of marriage peculiar
to itself. They are the following :

I. The Consanguine Family.

It was founded upon the intermarriage of brothers and
sisters, own and collateral, in a group.
II. The Punaluan Family.
It was founded upon the intermarriage of several sis-
ters, own and collateral, with each other's husbands, in a
group ;
the joint husbands not being necessarily kinsmen
of -each other. Also, on the intermarriage of several
brothers, own and with each other's wives, in
collateral,
a group ; these wives not being necessarily of kin to each
&4 AtfClfitft SOCtfiT?

other, although often the case in both instances. In each

case the group of men were conjointly married to the
group of women.
III. The Syndyasmian or Pairing Family.
It was founded upon marriage between single pairs,
but without an exclusive cohabitation. The marriage
continued during the pleasure of the parties.
IV. The Patriarchal Family.
It was founded upon the marriage of one man with
several wives; followed, in general, by the seclusion of
the wives.
V. The Monogamian Family.
It was founded upon marriage between single pairs,
with an exclusive cohabitation.
Three of these forms, namely, the first, second, and
fifth, were radical ; because they were sufficiently general
and influential to create three distinct systems of con-
sanguinity, all of which still exist in living forms.
Conversely, these systems are sufficient of themselves to
prove the antecedent existence of the forms of the family
and of marriage, with which they severally stand con-
nected. The remaining two, the syndyasmian and the
patriarchal, were intermediate, and not sufficiently influ-
ential upon human affairs to create a new, or modify
essential!}' the then existing system of consanguinity. It
will not be supposed that these types of the family are
separated from each other by sharply defined lines; on
the contrary, the first passes into the second, the second
into the third, and the third into the fifth by insensible
gradations. The propositions to be elucidated and estab-
lished are, that they have sprung successively one from
the other, and that they represent collectively the growth
of the idea of the family.
In order to explain the rise of these several forms of
the family and of marriage, it will be necessary to present
the substance of the system of consanguinity and affinity
which pertains to each. These systems embody com-
pendious and decisive evidence, free from all suspicion of
design, bearing directly upon the question. Moreover,
they speak with an authority and certainty which leave
 THE ANCIENT FxMlLT MS
fto room to doubt the inferences therefrom. But a system
of consanguinity is intricate and perplexing until it is
brought into familiarity. It will tax the reader's patience
to look into the subject far enough to be able to test the
value and weight of the evidence it contains. Having
treated at length, in a previous work, the "Systems of
1
Consanguinity and Affinity of the Human Family," I
ghall confine the statements herein to the material facts,
reduced to the lowest number consistent with intelligi-
bility, making reference to the other work for fuller
details, and for the general Tables. The importance of
the main proposition as a part of the history of man,
namely, that the family has been a growth through sev-
eral successive forms, is a commanding reason for the pre-
sentation and study of these systems, if they can in truth
establish the fact. It will require this and the four suc-

ceeding chapters to make a brief general exhibition of

the proof.
The mostprimitive system of consanguinity yet discov-
ered found among the Polynesians, of which the
is
Hawaiian will be used as typical. I have called it the
Malayan system. Under it all consanguinei, near and
remote, fall within some one of the following relation-
ships; namely, parent, child, grandparent, grandchild,
brother, and sister. No other blood relationships are
recognized. Beside these are the marriage relationships.
This system of consanguinity came in with the first form
of the family, the consanguine, and contains the principal
evidence of its ancient existence. It may seem a narrow
basis for so important an inference ; but if we are justi-
fied in assuming that each relationship as recognized was
the one which actually existed, the inference is fully
sustained. This system prevailed very generally in Pol-
ynesia, although the family among them had passed out
of the consanguine into the punaluan. It remained

unchanged because no motive sufficiently strong, and no

alteration of institutions sufficiently radical had occurred
to produce its modification. Intermarriage between broth-

i "Smithsonian Contribution* to Knowledge," voL

$94 ANCIENT SOCIETY

ers and sisters had not entirely disappeared from the

Sandwich Island when the American missions, about
fifty years ago, were established among them. Of the
ancient general prevalence of this system of consanguin-
ity over Asia there can be no doubt, because it is the basis
of the Turanian system still prevalent in Asia. It also
underlies the Chinese.
In course of time, a second great system of consanguin-
ity, the Turanian, supervened upon the first, and spread
over a large part of the earth's surface. It was universal
among the North American aborigines, and has been
traced sufficiently among those of South America to
render probable its equally universal prevalence among
them. Traces of it have been found in parts of Africa ;
but the system of the African tribes in general ap-
proaches nearer the Malayan. It still prevails in South
India among the Hindus who speak dialects of the Dra-
vidian language, and also, in a modified form, in North
India, among the Hindus who speak dialects of the Gaurn
language. It also prevails in Australia in a partially
developed state, where it seems to have originated either
in the organization into classes, or in the incipient organ-
ization into gentes, which led to the same result. In the
principal tribes of the Turanian and Ganowanian families,
it owes its origin to punaluan marriage in the group and

to the gentile organization, the latter of which tended to

repress consanguine marriages. It has been shown how
this was accomplished by the prohibition of intermarriage
in the gens, which permanently excluded own brothers
and sisters from the marriage relation. When the Turan-
ian system of consanguinity came in the form of the
family was punaluan. This is proven by the fact that
punaluan marriage in the group explains the principal
relationships under the system showing them to be those
;

which would actually exist in virtue of this form of

marriage. Through the logic of the facts we are enabled
to show that the punaluan family was once as wide-spread
as the Turanian system of consanguinity. To the or-
ganization into gentes and the punaluan family, the
Turanian system of consanguinity must be ascribed. It will
 THE ANCIENT FAMILY 897

be seen in the sequel that this system was formed out of

the Malayan, by changing those relationship^ only which
resulted from the previous intermarriage of brothers and
sisters, own and collateral, and which were, in fact,
changed by the gentes thus proving the direct connection
;

between them. The powerful influence of the gentile or-

ganization upon society, and particularly upon the puna-
luan group, is demonstrated by this change of systems.
The Turanian system is simply stupendous. It recog-
nizes all the relationships known under the Aryan system,
besides an additional number unnoticed by the latter.
Consanguine!, near and remote, are classified into cate-
gories; and are traced, by means peculiar to the system,
far beyond the ordinary range of the Aryan system. In
familiar and in formal salutation, the people address each
other by the term of relationship, and never by the per-
sonal name, which tends to spread abroad a knowledge
of the system as well as to preserve, by constant recogni-
tion, the relationship of the most distant kindred. Where
no relationship exists, the form of saluation is simply
"my friend." No other system of consanguinity found
among men approaches it in elaborateness of discrimina-
tion or in the extent of special characteristics.
When the American aborigines were discovered, the
family among them had passed out of the punaluan into
the sydyasmian form so that the relationships recognized
;

by the system of consanguinity were not those, in a num-

ber of cases, which actually existed in the syndyasmian
family. It was an exact repetition of what had occur-
red under the Malayan system, where the family had
passed out of the consanguine into the punaluan,
the system of consanguinity remaining unchanged; so
that while the relationships given in the Malayan
system were those which actually existed in the
consanguine family, they were untrue to a part
of those in the punaluan family. In like
manner, while the relationships given in the Turanian
system are those which actually existed in the punaluan
family, they were untrue to a part of those in the syndy-
asmian. The form of the family advances faster of
80S ANCIENT SOCIBTT

necessity than systems of consanguinity, which follow to

record the family relationships. As the establishment of
the punaluan family did not furnish adequate motives to
reform the Malayan system, so the growth of the syndy-
asmian family did not supply adequate motives to reform
the Turanian. It required an institution as great as the
gentile organization to change the Malayan system into
the Turanian; and it required an institution as great as
property in the concrete, with its rights of ownership and
of inheritance, together with the monogamian family
which it created, to overthrow the Turanian system of
consanguinity and substitute the Aryan.
In further course of time a third great system of con-
sanguinity came in, which may be called, at pleasure, the
Aryan, Semitic, or Uralian, and probably superseded a
prior Turanian system among the principal nations, who
afterwards attained civilization. It is the system which
defines the relationships in the monogamian family. This
system was not based upon the Turanian, as the latter
was upon the Malayan but it superseded among civilized
;

nations a previous Turanian system, as can be shown by

other proofs.
The last four forms of the family have existed within the
historical period; but the first, the consanguine, has dis-
appeared. Its ancient existence, however, can be deduced
from the Malayan system of consanguinity. We have
then three radical forms of the family, which represent
three great and essentially different conditions of life,
with three different and well-marked systems of con-
sanguinity, sufficient to prove the existence of these fam-
ilies, if they contained the only proofs remaining. This
affirmation' will serve to draw attention to the singular
permanence and persistency of systems of consanguinity,
and to the value of the evidence they embody with respect
to the condition of ancient society.
Each of these families ran a long course in the tribes
of mankind, with a period of infancy, of maturity, and
of decadence. The monogamian family owes its origin
to property, as the syndyasmian, which contained its
germ, owed its origin to the gens. When the Grecian
 THE ANCIENT FAMILY Stf

tribes first came under historical notice, the monogamian

family existed; but it did not become completely estab-
lished until positive legislation had determined its status
and its rights. The growth
of the idea of property in
the human mind, through its creation and enjoyment, and
especially through the settlement of legal rights with
respect to its inheritance, are intimately connected with
the establishment of this form of the family. Property
became sufficiently powerful in its influence to touch the
organic structure of society. Certainty with respect to
the paternity of children would now have a significance
unknown in previous conditions. Marriage between sin-
gle pairs had existed from the Older Period of barbarism,
under the form of pairing during the pleasure of the
parties. It had tended to grow more stable as ancient

society advanced, with the improvement of institutions,

and with the progress of inventions and discoveries into
higher successive conditions but the essential element of
;

the monogamian family, an exclusive cohabitation, was

still wanting. Man far back in barbarism began to exact
fidelity from the wife, under savage penalties, but he
claimed exemption for himself. The obligation is neces-
sarily reciprocal,and its performance correlative. Among
the Homeric Greeks, the condition of woman in the fam-
ily relation was one of isolation and marital domination,
with imperfect rights and excessive inequality. A com-
parison of the Grecian family, at successive epochs, from
the Homeric age to that of Pericles, shows a sensible
improvement, with gradual settlement into a defined
its
institution. The modern
family is an unquestionable im-
provement upon that of the Greeks and Romans ; because
woman has gained immensely in social position. From
standing in the relation of a daughter to her husband, as
among the Greeks and Romans, she has drawn nearer to
an equality in dignity and in acknowledged personal
rights. We have a record of the monogamian family,
running back nearly three thousand years, during which,
it may be claimed, there has been a gradual but continu-
ous improvement in its character. It is destined to pro-
gress still further, until the equality of the sexes is
400 ANCIENT SOCIETY

acknowledged, and the equities of the marriage relation

are completely recognized. We have similar evidence,
though not so perfect, of the progressive improvement of
the syndyasmian family, which, commencing in a low
type, ended in the monogamian. These facts should be
held in remembrance, because they are essential in this
discussion.
In previous chapters attention has been called to the
stupendous conjugal system which fastened itself upon
mankind in the infancy of their existence, and followed
them down to civilization although steadily losing ground
;

with the progressive improvement of society. The ratio

of human progress may be measured to some extent by
the degree of the reduction of this system through the
moral elements of society arrayed against it. Each suc-
cessive form of the family and of marriage is a signifi-
cant registration of this reduction. After it, was reduced
to zero, and not until then, was the monogamian family
possible. This family can be traced far back in the Later
Period of barbarism, where it disappears in the syndy-
asmian.
Some impression is thus gained of the ages which
elapsed while these two forms of the family were run-
ning their courses of growth and development. But the
creation of five successive forms of the family, each dif-
fering from the other, and belonging to conditions of
society entirely dissimilar, augments our conception of the
length of the periods during which the idea of the family
was developed from the consanguine, through interme-
diate forms, into the still advancing monogamian. No
institution of mankind has had a more remarkable or
more eventful history, or embodies the results of a more
prolonged and diversified experience. It required the
highest mental and moral efforts through numberless
ages of time to maintain its existence and carry it through
its several stages into its present form.

Marriage passed from the punaluan through the syn-

dyasmian into the monogamian form without any mate-
rial change in the Turanian system of consanguinity. This

system, which records the relationships in punaluan fam-

 THE ANCIENT FAlttLT 4ft

*mained substantially unchanged until the establish-

ilies, t
ment uf the monogamian family, when it became almost
totally untrue to the nature of descents, and even a scan-
dal upon monogamy. To illustrate : Under the Malayan
system a man calls his brother's son his son, because his
brother's wife is his wife as well as his brother's; and
his sister's son is also his son because his sister is his
wife. Under the Turanian system his brother's son is
still hi* son, and for the same reason, but his sister's son

is now his nephew, because under the gentile organiza-

tion hi; sister has ceased to be his wife. Among the Iro-
quois, where the family is syndyasmian, a man still calls
his brother's son his son, although his brother's wife has
ceased to be his wife; and so with a large number of
relationships equally inconsistent with the existing form
of marriage. The system has survived the usages in
which it originated, and still maintains itself among them,
although untrue in the main, to descents as they now
exist. No motive adequate to the overthrow of a great
and ancient system of consanguinity had arisen. Mo-
nogamy when appeared furnished that motive to the
it

Aryan nations as they drew near to civilization. It

assured the paternity of children and the legitimacy of
heirs. A reformation of the Turanian system to accord
with monogamian descents was impossible. It was false
to monogamy through and through. A remedy, how-
ever, existed, at once simple and complete. The Turan-
ian system was dropped, and the descriptive method,
which the Turanian tribes always employed when they
wished to make a given relationship specific, was sub-
stituted in its place. They fell back upon the bare facts
of consanguinity and described the relationship of each
person by a combination of the primary .terms. Thus,
they Miid brother's son, brother's grandson; father's
brother, and father's brother's son. Each phrase described
a person, leaving the relationship a matter of implication.
Such was the system of the Aryan nations, as we find it
in its most ancient form among the Grecian, Latin, Saih*
skritic, Germanic, and Celtic tribes and also in the Sem-
;

itic, as witness the Hebrew Scripture genealogies. Trace*

40S ANCIENT SOCIETY

of the Turanian system, some of which have been referred

to, remained among the Aryan and Semitic nations down
to the historical period but it was essentially uprooted,
;

and the descriptive system substituted in its place.

To illustrate and confirm these several propositions it

will be necessary to take up, in the order of their origina-

tion, these three systems and the three radical forms of
the family, which appeared in connection with them
respectively. They mutually interpret each other.
A system of consanguinity considered in itself is of but
little importance. Limited in the number of ideas it
embodies, and resting apparently upon simple sugges-
tions, it would seem incapable of affording useful infor-
mation, and much less of throwing light upon the early
condition of mankind. Such, at least, would be the nat-
ural conclusion when the relationships of a group of kin-
dred are considered in the abstract. But when the system
of many tribes is compared, and it is seen to rank as a
domestic institution, and to have transmitted itself
through immensely protracted periods of time, it assumes
a very different aspect. Three such systems, one succeed-
ing the other, represent the entire growth of the family
from the consanguine to the monogamian. Since we have
a right to suppose that each one expresses the actual rela-
tionships which existed in the family at the time of its
establishment, it reveals, in turn, the form of marriage
and of the family which then prevailed, although both
may have advanced into a higher stage while the system
of consanguinity remained unchanged.
It will be noticed, further, that these systems are nat-
ural growths with the progress of society from a lower
into a higher condition, the change in each case being
marked by the appearance of some institution affecting
deeply the constitution of society. The relationship of
mother and child, of brother and sister, and of grand-
mother and grandchild has been ascertainable in all
ages with entire certainty but those of father and child,
;

and of grandfather and grandchild were not ascertainable

with certainty until monogamy contributed the highest
assurance attainable. A number of persons would stand
 THE ANCIENT FAMILY 4ft

n each of these relations at the same time as equally

probable when marriage was in the group. In the rudest
conditions of ancient society these relationships would be
perceived, both the actual and the probable, and terms
would be invented to express them. A system of con-
sanguinity would result in time from the continued appli-
cation of these terms to persons thus formed into a group
of kindred. But the form of the system, as before stated,
would depend upon the form of marriage. Where mar-
riages were between brothers and sisters, own and col-
lateral, in the group, the family would be consanguine,
and the system of consanguinity Malayan. Where mar-
riages were between several sisters with each other's hus-
bands in a group, and between several brothers with each
other's wives in a group, the family would be punaluan,
and the system of consanguinity Turanian; and where
marriage was between single pairs, with an exclusive
cohabitation, the family would be monogamian, and the
system of consanguinity would be Aryan. Consequently
the three systems are founded upon three forms of mar-
riage ; and they seek to express, as near as the fact could
be known, the actual relationship which existed between
persons under these forms of marriage respectively. It
will be seen, therefore, that they do not rest upon nature,
but upon marriage not upon fictitious considerations, but
;

upon fact; and that each in its turn is a logical as well

as truthful system. The evidence they contain is of the
highest value, as well as of the most suggestive character.
It reveals the condition of ancient society in the plainest
manner with unerring directness.
These systems resolve themselves into two ultimate
forms, fundamentally distinct. One of these is classifi-
catory, and the other descriptive. Under the first, con-
sanguine! are never described, but are classified into cat-
egories, irrespective of their nearness or remoteness in
degree to Ego; and the same term of relationship is
applied to all the persons in the same category. Thus my
own brothers, and the sons of my father's brothers are all
alike my brothers ; my own sisters, and the daughters of
my mother's sisters are all alike my sisters; such is the
401 ANCIENT SOCIETY

under both the Malayan and Turanian sys-

classification
tems. In the second case consanguine! are described
either by the primary terms of relationship or a combi-
nation of these terms, thus making the relationship of
each person specific. Thus we say brother's son, father's
brother, and father's brother's son. Such was the system
of the Aryan, Semitic, and Uralian families, which came
in with monogamy. Asmall amount of classification was
subsequently introduced by the invention of common
terms ; but the earliest form of the system, of which the
Erse and Scandinavian are typical, was purely descrip-
tive, as illustrated by the above examples. The radical
difference between the two systems resulted from plural
marriages in the group in one case, and from single mar-
riages between single pairs in the other.
While the descriptive system is the same in the Aryan,
Semitic, and Uralian families, the classificatory has two
distinct forms. First, the Malayan, which is the oldest
in point of time; and second, the Turanian and Gano-
wanian, which are essentially alike and were formed by
the modification of a previous Malayan system.
A brief reference to our own system of consanguinity
will bring into notice the principles which underlie all
systems.
Relationships are of two kinds First, by consanguinity
:

or blood ; second, by affinity or marriage. Consanguinity

is also of two kinds, lineal and collateral. Lineal consan-
guinity is the connection which subsists among persons
of whom one is descended from the other. Collateral
consanguinity is the connection which exists between per-
sons who are descended from common ancestors, but not
from each other. Marriage relationships exist by custom.
Not to enter too specially into the subject, it may be
stated generally that in every system of consanguinity,
where marriage between single pairs exists, there must
be a lineal and several collateral lines, the latter diverg-
ing from the former. Each person is the centre of a
group of kindred, the Ego from whom the degree of rela-
tionship of each person is reckoned, and to whom the rela-
tionship, returns. His position is necessarily in the lineal
 THE ANCIENT FAMILY 4Q|

line, and that line is vertical. Upon it may be inscribed,

above and below him, his several ancestors and descend*
ants in a direct series from father to son, and these per-
sons together will constitute his right lineal male line.
Out of this trunk line emerge the several collateral lines,
male and female, which are numbered outwardly. It will
be sufficient for a perfect knowledge of the system to rec-
ognize the main lineal line, and a single male and female
branch of the first five collateral lines, including those on
the father's side, and on the mother's side, and proceed-
ing in each case from the parent to one only of his or
her children, although it will include but a small portion
of the kindred of Ego, either in the ascending or descend-
ing series. An attempt to follow all the divisions and
branches of the several collateral lines, which increase in
number in the ascending series in a geometrical ratio,
would not render the system more intelligible.
The first collateral line, male, consists of my brother
and his descendants; and the first, female, of my sister
and her descendants. The second collateral line, male, on
the father's side, consists of my father's brother and his
descendants and the second, female, of my father's sister
;

and her descendants: the second, male, on the mother's

side, is composed of my mother's brother and his de-
scendants and the second, female, of my mother's sister
;

and her descendants. The third collateral line, male, on

the father's side, consists of my grandfather's brother and
his descendants and the third, female, of my grandfath-
;

er's sister and her descendants on the mother's side the

;

same line, in its male and female branches, is composed of

my grandmother's brother and sister and their descend-
ants respectively. It will be noticed, in the last case, that
we have turned out of the lineal line on the father's side
into that on the mother's side. The fourth collateral line,
male and female, commences with great-grandfather's
brother and sister : and great-grandmother's brother and
sister : and the fifth collateral line, male and female, with

great-great-grandfather's brother and sister; and with

great-great-grandmother's brother and sister, and each
406 ANCIEKT SOCIETY

lineand branch is run out in the same manner as the

third.These five lines, with the lineal, embrace the great
body of our kindred, who are within the range of prac-
tical recognition.
An additional explanation of these several lines is
required. If I have several brothers and sisters, they,
with their descendants, constitute as many lines, each in-
dependent of the other, as I have brothers and sisters;
but altogether they form my first collateral line in two
branches, a male and a female. In like manner, the sev-
eral brothers and sisters of my father, and of my mother,
with their respective descendants, make up as many lines,
each independent of the other, as there are brothers and
sisters; but they all unite to form the second collateral
line intwo divisions, that on the father's side, and that
on the mother's side and in four principal branches, two
;

male, and two female. If the third collateral line were

run out fully, in its several branches, it would give four
general divisions of ancestors, and eight principal
branches and the number of each would increase in the
;

same ratio in each successive collateral line.

With such a mass of divisions and branches, embracing
such a multitude of consanguinei, it will be seen at once
that a method of arrangement and of description which
maintained each distinct and rendered the whole intelli-
gible would be no ordinary achievement. This task was
perfectly accomplished -by the Roman civilians, whose
method has been adopted by the principal European
to elicit admiration. 1
nations, and is so entirely simple as
The development of the nomenclature to the requisite
extent must have been so extremely difficult that it would
probably never have occurred except under the stimulus
of an urgent necessity, namely, the need of a code of
descents to regulate the inheritance of property.
To render the new form attainable, it was necessary to
discriminate the relationships of uncle and aunt on the
father's side and on the mother's side by concrete terms,

"Pandecti,"
' " lib. xxxvlli, title x. De f radibui, et ad flnibin "
"Int r
et nominlbui* eorum: and ''Institute* of Justinian," lib. ill/ title
Yt De *rdlb u* eofnationem.
 THE ANCIENT FAMILY 497

an achievement made in a few only of the languages of

mankind. These terms finally appeared among the
Romans in patruus and amita, for uncle and aunt on the
father's side, and in avunculus and matertera for the
same on the mother's side. After these were invented,
the improved Roman method of describing consanguine!
became established. 1 It has been adopted, in its essen-
tial features, by the several branches of the Aryan family,
with the exception of the Erse, the Scandinavian, and the
Slavonic.
The Aryan system necessarily took the descriptive form
when the Turanian was abandoned, as in the Erse. Every
relationship in the lineal and first five collateral lines, to
the number of one hundred and more, stands independent,
requiring as many descriptive phases, or the gradual in-
vention of common terms.
It will be noticed that the two radical forms the clas-
sificatory and descriptive yield nearly the exact line of
demarkation between the barbarous and civilized nations.
Such a result might have been predicted from the law of
progress revealed by these several forms of marriage and
of the family.
Systems of consanguinity are neither adopted, modi-
fied, nor laid aside at pleasure. They are identified in their
origin with organic movements of society which produced
a great change of condition. When a particular form had
come into general use, with its nomenclature invented and
its methods settled, it would, from the nature of the case,
be very slow to change. Every human being is the centre
of a group of kindred, and therefore every person is com-
pelled to use and to understand the prevailing system. A
change in any one of these relationships would be ex-
tremely difficult. This tendency to permanence is in-
creased by the fact that these systems exist by custom
rather than legal enactment, as growths rather than
artificial creations, and therefore a motive to change

i Our term aunt is from 'amita," and uncle from "avunculus.

"Avufl," grandfather, given "avunculus" by adding the diminu-
tive. It therefore signifies a "little grandfather. "Matertera"
U supposed to be derived from "mater" and "altera," equal to
another mother.
 406 ANCIENT SOCIETY

must be as universal as the usage. While every per-

son is a party to the system, the channel of its trans-
mission is the blood. Powerful influences thus existed to
perpetuate the system long after the conditions under
which each originated had been modified or had alto-
gether disappeared. This element of permanence gives
certainty to conclusions drawn from the facts, and has
preserved and brought forward a record of ancient soci-
ety which otherwise would have been entirely lost to
human knowledge.
It will not be supposed that a system so elaborate as the
Turanian could be maintained in different nations and
families of mankind in absolute identicalness. Diverg-
ence in minor particulars is found, but the radical feat-
ures are, in the main, constant. The system of consan-
guinity of the Tamil people, of South India, and that of
the Seneca-Iroquois, of New York, are still identical
through two hundred relationships ; an application of nat-
ural logic to the facts of the social condition without a
parallel in the history of the human mind. There is also
a modified form of the system, which stands alone and
tells its own story. It is that of the Hindi, Bengali, Mar-
athi, and other people of North India, formed by a com-
bination of the Aryan and Turanian systems. A civilized
people, the Brahmins, coalesced .with a barbarous stock,
and lost their language in the new vernaculars named,
which retain the grammatical structure of the aboriginal
speech, to which the Sanskrit gave ninety per cent of its
vocables. It brought their two systems of consanguinity
into collision, one founded upon monogamy or syndy-
astny, and the other upon plural marriages in the group,
resulting in a mixed system. The aborigines, who pre-
ponderated in number, impressed upon ita Turanian
character, while the Sanskrit element introduced such
modifications as saved the monogamian family from
reproach. The Slavonic stock seems to have been derived
from this intermixture of races. A
system of consan-
which exhibits but two phases through the
guinity per-
iods of savagery and of barbarism and projects a third
but modified form far into the period of civilization, man-
 THE ANCIENT FAMILY 400

ifests an element of permanence calculated to arrest

attention.
It will not be necessary to consider the patriarchal

family founded upon polygamy. From its limited prev-

alence it made but little impression upon human affairs.
The house life of savages and barbarians has not been
studied with the attention the subject deserves. Among
the Indian tribes of North America the family was syndy-
asmian; but they lived generally in joint-tenement houses
and practiced communism within the household. As we
descend the scale in the direction of the punaluan and
consanguine families, the household group becomes
larger, with more persons crowded together in the same
apartment. The coast tribes in Venezuela, among whom
the family seems to have been punaluan, are represented
by the discoverers as living in bell-shaped houses, each
1
containing a hundred and sixty persons. Husbands and
wives lived together in a group in the same house, and
generally in the same apartment. The inference is rea-
sonable that this mode of house life was very general in
savagery.
An explanation of the origin of these systems of con-
sanguinity and affinity will be offered in succeeding
chapters. They will be grounded upon the forms of
marriage and of the family which produced them, the
existence of these forms being assumed. If a satisfactory
explanation of each system is thus obtained, the antecedent
existence of each form of marriage and of the family may
be deduced from the system it explains. In a final chap-
ter an attempt will be made to articulate in a sequence
the principal institutions which have contributed to the
growth of the family through successive forms. Our
knowledge of the early condition of mankind is still so
limited that we must take the best indications attainable.
The sequence to be presented is, in part, hypothetical;
but sustained by a sufficient body of evidence to com-
it is

mend it to consideration. Its complete establishment must

be, left to the results of future ethnological investigations.

i Herrcra'* "HUtory of America." I 216, 118. S4S.

 CHAPTER II

THE CONSANGUINE FAMILY

Tjie existence of the Consanguine family must be

proved bj^otjier evidence than the production of the fam-
ily itself.^\S the first and most ancient form of the insti-
tution, itAas ceased to exist even among the lowest tribes
of savages. It belongs to a condition of society out of
which the least advanced portion of the human race have
emerged. Single instances of the marriage of a brother
and sister in barbarou? and even in civilized nations have
occurred within the historical period; but this is very
differentfrom the inter-marriage of a number of them in
a group, in a state of society in which such marriages
predominated and formed the basis of a social system.
There are tribes of savages in the Polynesian and Papuan
Islands, and in Australia, seemingly not far removed
from the primitive state but they have advanced beyond
;

the condition the consanguine family implies. Where,

then, it may be asked, is the evidence that such a family

ever existed amonjf mankind ? Whatever proof is adduced

must be conclusive, otherwise the proposition is not estab-
lished. It is found in a system of consanguinity and

affinity which has outlived for unnumbered centuries the

marriage customs in which it originated, and which
remains to attest the fact that such a family existed when
the system was formed.
That system is the Malayan. It defines the relation-
ships that would exist in a consanguine family; and it
demands the existence of such a family to account for its
own existence. Moreover, it proves with moral certainty
410
 THE CONSANGUINE FAMILY 1

4U
the existence of a consanguine family when the system
was formed.
^This system,
which is the most archaic yet discovered,
will now betaken up for the purpose of showing, from its
relationships, the principal facts stated. This family,
also, is the most archaic form of the institution of which
any knowledge remains.
Such a remarkable record of the condition of ancient
society would not have been preserved to the present
time but for the singular permanence of systems of con-
sanguinity. The Aryan system, for example, has stood
near three thousand years without radical change, and
would endure a hundred thousand years in the future,
provided the monogamian family, whose relationships it
defines, should so long remain. It describes the relation-
1

ships which actually exist under monogamy, and is there-

fore incapable of change, so long as the family remains
as at present constituted. If a new form of the family
should appear among Aryan nations, it would not affect
the present system of consanguinity until after it became
universal and while in that case it might modify the sys-
;

tem in some particulars, it would not overthrow it, unless

the newfamily were radically different from the mono-
gamian. It was precisely the same with its immediate^
predecessor, the Turanian system, and before that with
the Malayan, the predecessor of the Turanian in the order
of derivative growth. An antiquity of unknown duration
may be assigned to the Malayan system which came in
with the consanguine family, remained for an indefinite
period after the punaluan family appeared, and seems to
have been displaced in other tribes by the Turanian, with
the establishment of the organization into gentes.
The inhabitants of Polynesia are included in the Malay-
an family. Their system of consanguinity has been called
the Malayan, although the Malays proper have modified
their own in some particulars. Among the Hawaiians
and other Polynesian tribes flfcre still exists in daily use
a system of consanguinity which is given in the Table,
and may be pronounced the oldest known among man-
412 ANCIENT SOCIETY
*
kind. The Hawaiian and Rotuman forms are used as
typical of the system. It is the simplest, and therefore
the oldest form, of the classificatory system, and reveals
the primitive form on which the Turanian and Ganow-
anian were afterwards engrafted.
It is evident that the Malayan could not have been
derived from any existing system, because there is none,
of which any conception can be formed, more elementary.
The only blood relationships recognized are the primary,
which are five in number, without distinguishing sex.
All consanguine!, near and remote, are classified under
these relationships into five categories. Thus, myself,
my brothers and sisters, and my first, second, third, and
more remote male and female cousins, are the first grade
or category. All these, without distinction, are my
brothers and sisters. The word cousin is here used in
our sense, the relationship being unknown in Polynesia.
My father and mother, together with their brothers and
sisters, and their first, second, and more remote cousins,
are the second grade. All these, without distinction, are
my parents. My grandfathers and grandmothers, on the
father's side and on the mother's side, with their brothers
and sisters, and their several cousins, are the third grade.
All these are my grandparents. Below me, my sons and
daughters, with their several cousins, as before, are the
fourth grade. All these, without distinction, are my chil-
dren. My grandsons and granddaughters, with their sev-
eral cousins, are the fifth grade. All these in like man-
ner are my grandchildren. Moreover, all the individuals
of the same grade are brothers and sisters to each other.
In this manner all the possible kindred of any given per-
son are brought into five categories ; each person apply-
ing to every other person in the same category with him-
self or herself the same term of relationship. Particular
attention is invited to the five grades of relations in the
Malayan system, because the same classification appears

i The Rotuman 10 herein for the first time published. It was

worked out by thef Rev. John Oaborn, Weslevan missionary at
Rotuma, and procured and forwarded to the author by the
Rev. Lorimer Flson, of Sydney, Australia,
 THE CONSANGUINE FAMILY 413

in the "Nine Grades of Relations" of the Chinese, which

are extended so as to include two additional ancestors and
two additional descendants, as will elsewhere be shown.
A fundamental connection between the two systems is
thus discovered.
There are terms in Hawaiian for grandparent, Kup-
pun&, for parent; Mdkua; for child, Kaikee; and for
grandchild, Moopuna. Gender is expressed by adding
the terms Kdna, for male, and Waheena, for female;
thus, Kuptind Kdna grandparent male, and Kup&nd,
Waheena, grandparent female. They are equivalent to
grandfather and grandmother, and express these relation-
ships in the concrete. Ancestors and descendants, above
and below those named, are distinguished numerically, as
first, second, third, when it is necessary to be specific;
but in common usage Kupund is applied to all persons
above grandparent, and Moopunh is applied to all
descendants below grandchild.
The relationships of brother and sister are conceived
in the twofold form of elder and younger, and separate
terms are applied to each but it is not carried out with
;

entire completeness. Thus, in Hawaiian, from which

the illustrations will be taken, we have:
Elder Brother, Male Speaking:, "KalkuaHna." Female Speak-
ing."Kalkunlna."
Younger Brother, Male Speaking, "Kaikalna." Female Speak-
ing, "Kalkfinftna."
Elder Sister, Male Speaking:, "Kaikuwftheena." Female Speak- *

Ing, "Kalkfiaftna."
Younger Sister, Male Speaking. "Kalkuwftheena." Female
Speaking, "Kalkaina." i

be observed that a man calls his elder brother

It will
Kaiktiaana, and that a woman calls her elder sister the
same that a man calls his younger brother Kaikaina, and
;

a woman calls her yotyiger sister the same hence these

:

terms are in common gender, and suggest the same idea

found in the Karen system, namely, that of predecessor
and successor in birth.1 A single term is used by the
males for elder and younger sister, and a single term by

t a as In ale; i as a In father; & as a In at; i as I in it; ft a

oo in food.
"Systems of Consanguinity," loc. cit, p. 44g.
414 ANCIENT SOCIETY

the females for elder and younger brother. It thus

appears that while a man's brothers are classified into

elder and younger, his sisters are not; and, while a
woman's sisters are classified into elder and younger, her
brothers are not. A double set of terms are thus devel-
oped, one of which is used by the males and the other b>
the females, a peculiarity which reappears in the system
of a number of Polynesian tribes. 1 Among savage and
barbarous tribes the relationships of brother and sister
arc seldom conceived in the abstract.
The substance of the system is contained in the five
categories of consanguine! but there are special features
;

to be noticed which will require the presentation in detail

of the first three collateral lines. After these are shown
the connection of the system with the intermarriage of
brothers and sisters, own and collateral, in a group, will
appear in the relationships themselves.
First collateral line. In the male branch, with myself
a male, the children of my brother, speaking as a Hawai-
ian, are my sons and daughters, each of them calling me
father; and the children of the latter are my grandchil-
dren, each of them calling me grandfather.
In the female branch my sister's children are my sons
and daughters, each of them calling me father and their ;

children are my grandchildren, each of them calling me

grandfather. With myself a female, the relationships of
the persons above named are the same in both branches,
with corresponding changes for sex.
The husbands and wives of these several sons and
daughters are my sons-in-law and daughters-in-law; the
terms being used in common gender, and having the
terms for male and female added to each respectively.
Second collateral line. In the male branch on the fa-
ther's side my father's brother is my father, and calls me
his son ; brothers and sisters, elder or
his children are my
younger their children are my sons and daughters and
;
;

the children of the latter are my grandchildren, each of

them in the preceding and succeeding cases applying to

i Ib., pp. 525, 673,

 THE CONSANGUINE FAMILY 415

me the proper correlative. My father's sister is my

mother; her children are my brothers and sisters, elder
or younger; their children are my sons and daughters;
and the children of the latter are my grandchildren.
In the same line on the mother's side my mother's
brother is my father; his children are my brothers and
sisters; their children are my sons and daughters; and
the children of the latter are my grandchildren. My
mother's sister is my mother
her children are my broth-
;

ers and sisters their children are my sons and daughters

; ;

and the children of the latter are my grandchildren. The

relationships of the persons named in all the branches of
this and the succeeding lines are the same with myself
a female.
The wives of these several brothers, own and collateral,
are my wives as well as theirs. When addressing either
one of them, I call her my wife, employing the usual term
to express that connection. The husbands of these sev-
eral women, jointly such with myself, are my brothers-
in-law. With myself a female the husbands of my several
sisters, own and collateral, are my husbands as well as
theirs. When addressing either of them, I use the com-
mon term for husband. The wives of these several hus-
bands, who are jointly such with myself, are my sisters-
in-law.
Third collateral line. In the male branch of this line
on the father's side, my grandfather's brother is my
grandfather; his children are my fathers and mothers;
their children are my brothers and sisters, elder or
younger; the children of the latter are my sons and
daughters and their children are my grandchildren. My
;

grandfather's sister is my grandmother and her children :

and descendants follow in the same relationships as in the

last case.
In the same line on the mother's side, my grandmo-
ther's brother is my grandfather ;
his sister ismy grand-
mother; and their respective children and descendants
fall into the same categories as those in the first branch
of this line.
The marriage relationships are the same in this as in
 416 ANCIENT SOCIETY

the second collateral line, thus increasing largely the

number united in the bonds of marriage.
As far as consanguine! can be traced in the more
remote collateral lines, the system, which is all-embracing,
is the same in its classifications. Thus, my T^reat-grand-
father in the fourth collateral line is my grandfather ; his
son is my grandfather also; the son of the latter is my
father ; his son is my brother, elder or younger ; and his
son and grandson are my son and grandson.
It will be observed that the several collateral lines are

brought into and merged in the lineal line, ascending as

well as descending so that the ancestors and descendants
;

of my collateral brothers and sisters become mine as well

as theirs. This is one of the characteristics of the classifi-
catory system. None of the kindred are lost.
From the simplicity of the system it may be seen how
readily the relationships of consanguine! are known and
recognized, and how a knowledge of them is preserved
from generation to generation. Asingle rule furnishes
an illustration: the children of brothers are themselves
brothers and sisters the children of the latter are broth-
;

ers and sisters; and so downward indefinitely. It is the

same with the children and descendants of sisters, and of
brothers and sisters.
All the members of each grade are reduced to the same
1
level in their relationships, without regard to nearness or
remoteness in numerical degrees; those in each grade
standing to Ego in an identical relationship. It follows,
also, that knowledge of the numerical degrees formed an
integral part of the Hawaiian system, without which the
proper grade of each person could not be known. The
simple and distinctive character of the system will arrest
attention, pointing with such directness as it does, to the
intermarriage of brothers and sisters, own and collateral,
in a group, as the source from whence it sprung.
Poverty of language or indifference to relationships
exercised no influence whatever upon the formation of
the system, as will appear in the sequel.
The system, as here detailed, is found in other Polyne-
pian tribes besides the Hawaiians and Rotumans, at
\
 THE CONSANGUINE FAMILY 4JJ

among the Marquesas Islanders, and the Maoris of New

Zealand. It prevails, also, among the Samoans, Kusaiens,
1
and King's Mill Islanders of Micronesia, and without
a doubt in every inhabited island of the Pacific, except
where it verges upon the Turanian.
From this system the antecedent existence of the con-
sanguine family, with the kind of marriage appertaining
thereto, is plainly deducible. Presumptively it is a natural
and real system, expressing the relationships which actu-
ally existed when the system was formed, as near as the
parentage of children could be known. The usages with
respect to marriage which then prevailed may not prevail
at the present time. To sustain the deduction it is not
necessary that they should. Systems of consanguinity,
as before stated, are found to remain substantially
unchanged and in full vigor long after the marriage
customs in which they originated have in part or wholly
passed away. The small number of indqrcndent systems
of consanguinity created during the extended period of
human experience is sufficient proof of their permanence.
They are found not to change except in connection with
great epochs of progress. For the purpose of explaining
the origin of the .Malayan system, from the nature of
descents, we are at liberty to assume the antecedent inter-
marriage of own and collateral brothers and sisters in a
group; and if it is then found that the principal rela-
tionships recognized are those that would actually exist
under this form of marriage, then the system itself
becomes evidence conclusive of the existence of such
marriages. It is plainly inferable that the system origi-
nated in plural marriages of consanguine!, including own
brothers and sisters; in fact commenced with the inter-
marriage of the latter, and gradually enfolded the col-
lateral brothers and sisters as the range of the conjugal
system widened. In course of time the evils of the first
form of marriage came to be perceived, leading, if not to
its direct abolition, to a preference for wives beyond this

degree. Among the Australians, it was permanently

4
i* Syttm of Consanguinity/' tc., L c., TabU IK. pp. 541, 71.
418 ANCIENT SOCIETY

abolished by the organization into classes, and more wide-

ly among the Turanian tribes by the organization into
gentes. It is impossible to explain the system as a natu-
l growth upon any other hypothesis than the one named,
:e this form of marriage alone can furnish a key to

interpretation. In the consanguine family, thus con-

Ituted, the husbands lived in polygyny, and the wives in

"yandry,
which are seen to be as ancient as human
lety. Such a family was neither unnatural nor remark-
j. It would be difficult to show any other possible

inning of the family in the primitive period. Its long

continuance in a partial form among the tribes of man-
kind is the greater cause for surprise; for all traces of
it had not disappeared among the Hawaiians at the epoch

of their discovery.
The explanation of the origin of the Malayan system
given in this chapter, and of the Turanian and Ganowan-
ian given in the next, have been questioned and denied
by Mr. John F. McLennan, author of "Primitive Mar-
riage." I see no occasion, however, to modify the views
herein presented, which are the same substantially as
those given in "Systems of Consanguinity," etc. But I
ask the attention of the reader to the interpretation here
repeated, and to a note at the end of Chapter VI, in which
Mr. McLennan's objections are considered.
If the recognized relationships in the Malayan system
are now tested by this form of marriage, it will* be found
that they rest upon the intermarriage of own and col-
lateral brothers and sisters in a group.
It should be remembered that the relationships which
grow out of the family organization are of two kinds:
those of blood determined by descents, and those of affin-
ity determined by marriage. Since in the consanguine
family there are two distinct groups of persons, one of
fathers and one of mothers; the affiliation of the children
to both groups would be so strong that the distinction
between relationships by blood and by affinity would not
be recognized in the system in every case.
1

I. All the children of my several brothers,

myself a
male, are my sons and daughters.
 THE CONSANGUINE FAMILY 419

Reason :
Speaking as a Hawaiian, all the wives of my
several brothers are my wives as well as theirs. As it
would be impossible for me to distinguish my own chil-
dren from those of my brothers, if I call any one my
child, I must call them all my children. One is as likely
to be mine as another.
II.All the grandchildren of my several brothers are
my grandchildren.
Reason : They are the children of my sons and daugh-
ters.
III. With myself a female the foregoing relationships
are the same.
This is purely a question of relationship by marriage.

My several brothers being my husbands, their children by

other wives would be my step-children, which relation-
ship being unrecognized, they naturally fall into the cate-
gory of my sons and daughters. Otherwise they would
pass without the system. Among ourselves a step-mother
is called mother, and a step-son a son.
IV. All the children of my several sisters, own and
collateral, myself a male, are my sons and daughters.
Reason: All my sisters are my wives, as well as the
wives of my several brothers.
V. All the grandchildren of my several sisters are my
grandchildren.
Reason :
They are the children of my sons and daugh-
ters.
VI. All the children of my several sisters, myself a
female, are my sons and daughters.
Reason : The husbands of my sisters are my husbands
as well as theirs. This difference, however, exists: I
can distinguish my own children from those of my sisters,
to the latter of whom I am a step-mother. But since
this relationship is not discriminated, they fall into the
sons and daughters. Otherwise they
category of my
would fall without the system.
VII. All the children of several own >rothers arc
brothers and sisters to each other.
Reason: These brothers are the husbands of all the
mothers of these children. The children era distinguish
420 ANCIENT SOCIETY

their ownmothers, but not their fathers, wherefore, as

to the former, a part are own brothers and sisters, and
step-brothers and step-sisters to the remainder; but as
to the latter, they are probable brothers and sisters. For
these reasons they naturally fall into this category.
VIII. The
children of these brothers and sisters are
also brothers and sisters to each other; the children of
the latter are brothers and sisters again, and this rela-
tionship continues downward among their descendants
indefinitely. It is precisely the same with the children
and descendants of several own sisters, and of several
brothers and sisters. An infinite series is thus created,
which is a fundamental part of the system. To account
for this series it must be further assumed that the mar-
riage relation extended wherever the relationship of
brother and sister was recognized to exist each brother
;

having as many wives as he had sisters, own or collateral,

and each sister having as many husbands as she had
brothers, own or collateral. Marriage and the family
seem to form in the grade or category, and to be coex-
tensive with it. Such* apparently was the beginning of
that stupendous conjugal system which has before been
a number of times adverted to.
IX. All the brothers of my father are my fathers ; and
allthe sisters of my mother are my mothers.
Reasons, as in I, III, and VI.
X. All the brothers of my mother are my fathers.
Reason: They are my mother's husbands.
XL All the sisters of my mother are my mothers.
Reasons, as in VI.
XII. All the children of my collateral brothers and sis-
ters are, without distinction, my sons and daughters.
Reasons, as in I, III, IV, VI.
XIII. All the children of the latter are my grandchil-
dren.
Reasons, ?s in II.
XIV. All the brothers and sisters of my grandfather
and grandmother, on the father's side and on the mother's
side, are my grandfathers and grandmothers.
 THE CONSANGUINE FAMILY |g|

Reason They are the fathers and mothers of my father

:

and mother.
Every relationship recognized under the system is thus
explained from the nature of the consanguine family,
founded upon the intermarriage of brothers and sisters,
own and collateral, in a group. Relationships on the
father's side are followed as near as the parentage of chil-
dren could be known, probable fathers being treated as
actual fathers. Relationships on the mother's side are
determined by the principle of affinity, step-children being
regarded as actual chilaren.
Turning next to the marriage relationships, confirma-
tory results are obtained, as the following table will
show :

TONOAN HAWAIIAN.
Male speaking:,
My Brother's Wife, TJnoho, My Wife. Waheena, My Wife.
My Wife's Sister, Unoho, My Wife. Waheena. My Wife.
Female speaking:,
My Husband's Brother, Unoho, My Husband. Kane, Mylfusband.
Male speaking:,
My F '
her 8 Unono
Mr Wlfe Waheena. My Wife.
Son?s%?fT |
' -

My F ter *
Unoh0 My Wife. Waheena, My Wife.
^lon^s Wif e? }
'

Female speaking:,

f^"' M * ba*L Kalkoeka, My Bro,i^Uw.

[
Unoho, My Hu.band. Kaikoekm, My Bro.-ln.Uw.
Wherever the relationship of wife is found in the collat-
eral line, that of husband must be recognized in the lineal,
1
and conversely. When this system of consanguinity and
affinity first came into use the relationships, which are
still preserved, could have been none other than those

which actually existed, whatever may have afterwards

occurred in marriage 'usages.
From the evidence embodied in this system of consan-
guinity the deduction is made that the consanguine

i Among the Kafirs of South Africa, the wife of my father'*

brother's son, of my father's sister's son, of my mother's
brother's son, and of my mother's sister's son. are all alike my
wives, as well as theirs, as appears by their system of con-
sanguinity.
4M ANCIENT SOClttTY

family, as defined, existed among the ancestors of the

Polynesian tribes when the system was formed. Such a
form of the family is necessary to render an interpreta-
tion of the system possible. Moreover, it furnishes an
interpretation of every relationship with reasonable
exactness.
The following observation of Mr. Oscar Peschel is
deserving of attention: "That at any time and in any
place the children of the same mother have propagated
themselves sexually, for any long period, has been rend-
ered especially incredible, since it has been established
that even in the case of organisms devoid of blood, such
as the plants, reciprocal fertilization of the descendants
1
of the same parents is to a great extent impossible/' It
must be remembered that the consanguine group united
in the marriage relation was not restricted to own broth-
ers and sisters : but it included collateral brothers and sis-
ters as well. The larger the group recognizing the mar-
riage relation, the less the evil of close interbreeding.
From general considerations the ancient existence of
such a family was probable. The natural and necessary
relations of the consanguine family to the punaluan, of
the punaluan to the syndyasmian, and of the syndyasmian
to the monoamian, each presupposing its predecessor,
lead directly to this conclusion. They stand to each other
in a logical sequence, and together stretch across several
ethnical periods from savagery to civilization.
In like manner the three great systems of consanguin-
ity, which are connected with the three radical forms of
the family, stand to each other in a similarly connected
series, running parallel with the former, and indicating
not less plainly a similar line of human progress from
savagery to civilization. There are reasons for conclud-
ing that the remote ancestors of the Aryan, Semitic, and
Uralian families possessed a system identical with the
Malayan when in the savage state, which was finally mod-
ified into the Turanian after the establishment of the

gentile organization, and then overthrown when the

t "R*cen of Man/' Apphston'i d. 1876, p. Ill,

 THE CONSANGUINE FAMILY 4$g

monogamian family appeared, introducing the Aryan

system of consanguinity.
Notwithstanding the high character of the evidence
given, there is still other evidence of the ancient existence
of the consanguine family among the Hawaiians which
should not be overlooked.
Its antecedent existence is rendered probably by the
condition of society in the Sandwich Islands when it first
became thoroughly known. At the time the American
missions were established upon these Islands (1820), a
state of society was found which appalled the mission-
aries. The relations of the sexes and their marriage cus-
toms exited their chief astonishment. They were sud-
denly introduced to a phase of ancient society 'where the
monogamian family was unknown, where the syndyas-
mian family was unknown but in the place of these, and
;

without understanding the organism, they found the

punaluan family, with own brothers and sisters not entire-
ly excluded, in which the males were living in polygyny,
and the females in polyandry. It seemed to them that
they had discovered the lowest level of human degrada-
tion, not to say of depravity. But the innocent Hawai-
ians, who had not been able to advance themselves out of
savagery, were living, no doubt respectably and modestly
for savages, under customs and usages which to them had
the force of laws. It is probable that they were living
as virtuously in their faithful observance, as these excel-
lent missionaries were in the performance of their own.
The shock the latter experienced from their discoveries
expresses the profoundness of the expanse which separ-
ates civilized from savage man. The high moral sense
and refined sensibilities, which had been a growth of the
ages, were brought face to face with the feeble moral
sense and the coarse sensibilities of a savage man of all
these periods ago. As a contrast it was total and com-
plete. The Rev. Hiram Bingham, one of these veteran
missionaries, has given us an excellent history of the
Sandwich Islands, founded upon original investigations,
in which he pictures the people as practicing the sum of
human abominations. "Polygamy, implying plurality of
424 ANCIENT SOCIETY

husbands and wives," he observes, "fornication, adultery,

incest, infant murder, desertion of husband and wives,
parents and children sorcery, covetousness, and oppres-
;

sion extensively prevailed, and seem hardly to have been

1
forbidden by their religion." Pnnaluan marriage and the
punaluan family dispose of the principal charges in this
grave indictment, and leave the Hawaiians a chance at a
moral character. The existence of morality, even among 1

savages, must be recognized, although low in type; for

there never could have been a time in human experience
when the principle of morality did not exist. Wakea, the
eponymous ancestor of the Hawaiians, according to Mr.
Bingham, is said to have married his eldest daughter. In
the time of these missionaries brothers and sisters mar-
ried without reproach. "The union of brother and sister
in the highest ranks," he further remarks, "became
fashionable, and continued until the revealed will of God
was made known to them." * It is not singular that the
intermarriage of brothers and sisters should have sur-
vived from the consanguine family into the punaluan in
some cases, in the Sandwich Islands, because the people
had not attained to the gentile organization, and because
the punaluan family was a growth out of the consanguine
not yet entirely consummated. Although the family was
substantially punaluan, the system of consanguinity re-
mained unchanged, as it came in with the consanguine
family, with the exception of certain marriage relation-
ships.
It is not probable that the actual family,
among the
Hawaiians, was as large as the group united in the mar-
riage relation. Necessity would compel its subdivision
into smaller groups for the procurement of subsistence,
and for mutual protection but each smaller family would
;

be a miniature of the group. It is not improbable that

individuals passed at pleasure from one of these sub-
divisions into another in the punaluan as well as con-
sanguine family, giving rise to that apparent desertion by

i Blnffham'a "Sandwich Islands," Hartford ed.. 1847. p. 21.

Ib., p. 23.
 THE CONSANGUINE FAMILY 4^5

husbands and wives of each other, and by parents of their

children, mentioned by Mr. Bingham. Communism in
living must, of necessity, have prevailed both in the con-
sanguine and in the punaluan family, because it was a
requirement f>f their condition. It still prevails generally
among savage and barbarous tribes.
A brief reference should be made to the "Nine Grades
of Relations of the Chinese." An ancient Chinese author
remarks as follows: **A11 men born into the world have
nine ranks of relations. My own generation is one grade,
my father's is one, that of my grandfather is one, that
of my grandfather's father is one, and that of my grand-
father's grandfather is one; thus, above me are four
grades: My son's generation is one, and that of my
grandson's is one, that of my grandson's son is one,
and that of my grandson's grandson is one thus, be- :

low me are four grades; including myself in the estimate,

there are, in all nine grades. These are brethren, and
although each grade belongs to a different house or
family, yet they are all my relations, and these are the
nine grades of relations."
"The degrees of kindred in a family are like the stream-
lets of a fountain, or the branches of a tree although the
;

streams differ in being more or less remote, and the

branches in being more or less near, yet there is but one
1
trunk and one fountain head."
The Hawaiian system of consanguinity realizes the
nine grades of relations (conceiving them reduced to five
by striking off the two upper and the two lower mem-
bers) more perfectly than that of the Chinese at the
present time.* While the latter has changed through the
introduction of Turanian elements, and still more through
special addition to distinguish the several collateral lines,
the former has held, pure and simple, to the primary
grades which presumptively were all the Chinese pos-
sessed originally. It is evident that consanguinei. in the
Chinese as in the Hawaiian, are generalized into cate-

i
"Systems of Consanguinity." etc.. p. 41 5.
9 Ib., p. 432,where the Chinese system is presented In full.
 4*6 ANCIENT SOCIETt

gories by generations; all collaterals of the same grade

being brothers and sisters to each other. Moreover,
marriage and the family are conceived as forming within
the grade, and confined, so far as husbands and wives
are concerned, within its limits. As explained by the
Hawaiian categories it is perfectly intelligible. At the
same time it indicates an anterior condition among the
remote ancestors of the Chinese, of which this fragment
preserves a knowledge, precisely analogous to that
reflectedby the Hawaiian. In other words, it indicated
the presence of the punaluan family when these grades
were formed, of which the consanguine was a necessary
predecessor.
In the "Timaeus" of Plato there is a suggestive recogni-
tion of the same five primary grades of relations. All
consanguine! in the Ideal Republic were to fall into five

categories, in which the women were to be in common as

wives, and the children in common as to parents. "But
how about the procreation of children?" Socrates savs
to Timaeus. "This, perhaps, you easily remember, on
account of the novelty of the proposal for we ordered
;

that marriage unions and children should be in common

to all persons whatsoever, special care being taken also
that no one should be able to distinguish his own chil-
dren individually, but all consider all their kindred*
regarding those of an equal age, and in the prime of life,
as their brothers and sisters, those prior to them, and yet
further back as their parents and grandsires, and those
1
below them, as their children and grandchildren/* Plato
undoubtedly was familiar with Hellenic and Pelasgian
traditions not known to us, which reached far back into
the period of barbarism, and revealed traces of a still
earlier condition of the Grecian tribes. His ideal family
may have been derived from these delineations, a sup-
position far more probable than that it was a philosoph-
ical deduction. It will be noticed that his five grades of
relations are precisely the same as the Hawaiian that the
;

family was to form in each grade where the relationship

"Timu4," c. II, Davl'a trana.

 TffE COKSANQUtNB *AJttLlT 4ft)

that of brothers and sisters; and that husbands and

wives were to be in common in the group.
Finally, it will be perceived that the state of society
indicated by the consanguine family points with logical
directness to an anterior condition of promiscuous inter-
course. There seems to be no escape from this conclu-
sion, although questioned by so eminent a writer as Mr.
1
Darwin. It is not probable that promiscuity in the prim*
itive period was long continued even in the horde;
because the latter would break up into smaller groups for
subsistence, and fall into consanguine families. The
most that can safely be claimed upon this difficult ques-
tion is, that the consanguine family was the first organized
form of society, and that it was necessarily an improve-
ment upon the previous unorganized state, whatever that
state may have been. It found mankind at the bottom of
the scale, from which, as a starting point, and the lowest
known, we may take up the history of human progress,
and trace it through the growth of domestic institutions,
inventions, and discoveries, from savagery to civilization.
By no chain of events can it be shown more conspicuously
than in the growth of the idea of the family through
successive forms. With the existence of the consanguine
family established, of which the proofs adduced seem to
be sufficient, the remaining families are easily demon*
strated.

I "Docnt of Man," 11, 1*0.

428 ANCIENT SOCIETY

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 THE CONSANGUINE FAMILY 429

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480 ANCIENT SOCIETY

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: , , 5
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ltlttlllllt^
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 THE CONSANGUINE FAMILY 481

fti A
::>iii:i:ti::Tii:ii>ii:x tti)tit>>titi
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1 * "iw'i'ii,,,,,,,,!",,,.. /.:
I t JJ
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 ANCIENT SOCIETf

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 CHAPTER III

TJ1E PrXALVAN FAMILY

The Punaluan family lias existed in Europe, Asia, and

America within the historical period, and in Polynesia
within the present century, \\ith a wide prevalence in
the tribes of mankind in the Status of Savagery, it re-
mained in some instances among- tribes who had advanced
into the Lower Status of barbarism, and in one case, that
of the Britons, among tribes who had attained the Middle
Status.
. In the course of human progress it followed the con-
sanguine family, upon which it supervened, and of which
it was a modification. The transition from one into the
other was produced by the gradual exclusion of own
brothers and sisters from the marriage relation, the evils
of which could not forever escape human observation.
It may be impossible to recover the events which led to
deliverance but we are not without some evidence tend-
;

ing to show how it occurred. Although the facts from

which these conclusions are drawn are of a dreary and
forbidding character, they will not surrender the knowl-
edge they contain without a patient as well as careful
examination.
Given the consanguine family, which involved own
brothers and sisters and also collateral brothers and sis-
ters in the marriage relation, and it was only necessary
to exclude the former from the group, and retain the lat-
ter, to change the consanguine into the punaluan family.
To effect the exclusion of the one class and the retention
of the other was a difficult process, because it involved a
413
484 ANCIENT SOCIETY

radical change in the composition of the family, not to

say in the ancient plan of domestic life. It also required
the surrender of a privilege which savages would be slow
to make. Commencing, it may be supposed, in isolated
cases, and with a slow recognition of its advantages, it
remained an experiment through immense expanses of
time introduced partially at first, then becoming general,
;

and finally universal among the advancing tribes, still in

savagery, among whom the movement originated. It
affords a good illustration of the operation of the prin-
ciple of natural selection.
The significance of the Australian class system presents
itself anew in this connection. It is evident from the
manner in which the classes were formed, and from the
rule with respect to marriage and descents, that their
primary object was to exclude own brothers and sisters
from the marriage relation, while the collateral brothers
and sisters were retained in that relation. The former
object is impressed upon the classes by an external law ;

but the latter, which is not apparent on the face of the

1
organization, is made evident by tracing their descents.
It is thus found that first, second, and more remote cous-
ins, who are collateral brothers and sisters under their

system of consanguinity, are brought perpetually back into

the marriage relation, while own brothers and sister?
are excluded. The number of persons in the Australian
punaluan group is greater than in the Hawaiian, and
its composition is slightly different ;but the remarkable
fact remains in both cases, that the brotherhood of the
husbands formed the basis of the marriage relation in
one group, and the sisterhood of the wives the basis in
the other. This difference, however, existed with respect
to the Hawaiians, that it does not appear as yet that there
were any classes among them between whom marriages
must occur. Since the Australian classes gave birth to

i The Ippalfl and Kapotas are married In a ^roup. Tppal be-

gets Murrl, and Murrl In turn begets Ippai; in like manner Ka-
pota begets Mata, and Mata in turn be^eta Kapnta; so that th*
grandchildren of Tppal and Kapota are themselves Ippnts and
Kapotas, as well as collateral brother* and sisters; and as such
Are born husbands and wives.
 THE PUNALTJAN FAMILY 435

the punaluan group, which contained the germ of the

gens, it suggests the probability that this organization
into classes upon sex once prevailed among all the tribes
of mankind who afterwards fell under the gentile organ-
ization. It would not be surprising if the Hawaiians, at
some anterior period, were organized in such classes.
Remarkable as it may seem, three of the most im-
portant and most wide-spread institutions of mankind,
namely, the punaluan family, the organization into gentes,
and the Turanian system of consanguinity, root them-
selves in an anterior organization analogous to the puna-
luan group, in which the germ of each is found. Some
evidence of the truth of this proposition will appear in
the discussion of thU family.
As punaluan marriage gave the punaluan family, the
latter would give the Turanian system of consanguinity,
as soon as the existing system was reformed so as to
express the relationships as they actually existed in this
family. But something more than the punaluan group
was needed to produce this result, namely, the organiza-
tion into gentes, which permanently excluded brothers
and sisters from the marriage relation by an organic law,
who before that, must have been frequently involved in
that relation. \Yhcn this exclusion was made complete
it would work a change in all these relationships which

depended upon these marriages and when the system of

;

consanguinity was made to conform to the new state of

r

these relationships, the Turanian system would supervene

upon the Malayan. The Hawaiian., had the pvmaluan
family, but neither the organization into gentes nor the
Turanian system of consanguinity. Their retention of
the old system of the consanguine family leads to a sus-
picion, confirmed by the statements of Mr. Bingham, that
own brothers and sisters were frequently involved in the
punaluan group, thus rendering a reformation of the old
system of consanguinity impossible. Whether the pun-
aluan group of the Hawaiian type can claim an equal
antiquity with the Australian classes is questionable, since
the latter is more archaic than any other known constitu-
tion of society. But the existence of a punaluan group
486 ANCIENT SOCIETY

of one or the other type was essential to the birth of the

^entes, as the latter were essential to the production of
the Turanian system of consanguinity. The three insti-
tutions will be considered separately.

T. The Punaluan Family.

In rare instances a custom has been discovered in a
concrete form usable as a key to unlock some of the
mysteries of ancient society, and explain what before
could only be understood imperfectly. Such a custom is
rhe Punalita of the Hawaiians. In 1860 Judge Lorin
Andrews, of Honolulu, in a letter accompanying a sched-
ule of the Hawaiian system of consanguinity, commented
upon one of the Hawaiian terms of relationship as fol-
lows :"The relationship of punalita. is rather amphib-
ious. It arose from the fact that two or more brothers
with their wives, or two or more sisters with their hus-
bands, were inclined to possess each other in common ;

but the modern use of the w ord is that of dear friend, or

r

intimate companion." That which Judge Andrews says

they were inclined to do, and which may then have been
a declining practice, their system of consanguinity proves
to have been once universal among them. The Rev.
Artemus Bishop, lately deceased, one of the oldest mis-
sionaries in these Islands, sent to the author the same year,
with a similar schedule, the following statement upon
the same subject: "This confusion of relationships is
the result of the ancient custom among relatives of the
"
living together of husbands and wives in common. In
a previous chapter the remark of Mr. Bingham was
quoted that the polygamy of which he was writing, "im-
plied a plurality of husbands and wives." The same fact
is reiterated by Dr. Bartlett "The natives had hardly
:

more modesty or shame than so many animals. Husbands

had many wives, and wives many husbands, and ex-
1

changed with ench other at pleasure." The form of mar-

riage which they found created a punaluan group, in

I "Historical Sk^trh of th Missions, etc.. In the Sandwich

Islands," etc., p. 5.
 THE PUNALUAN FAMILY 437

which the husbands and wives were jointly intermarried

in the group. Each of these groups, including the chil-
dren of the marriages, was a punaluan family; for one
consisted of several brothers and their wives, and the
other of several sisters with their husbands.
If we now turn to the Hawaiian system of consanguin-
ity, in the Table, it will be found that a man calls his
wife's sister his wife. All the sisters of his wife, own as
well as collateral, are also his wives. But the husband
of his wife's sister he calls punalua, i. e., his intimate
companion; and all the husbands of the several sisters
of his wife the same. They were jointly intermarried
in the group. These husbands were not, probably, broth-
ers if they were, the blood relationship would naturally
;

have prevailed over the affineal but their wives were sis-
;

ters, own and collateral. In this case the sisterhood of

the wives was the basis upon which the group was form-
ed, and their husbands stood to each other in the relation-
ship of punalua. In the other group, which rests upon
the brotherhood of the husbands, a woman calls her hus-
band's brother her husband. All the brothers of her hus-
band, own as well as collateral, were also her husbands.
But the wife of her husband's brother she calls punalna,
and the several wives of her husband's brothers stand to
her in the relationship of punalua. These wives were
not, probably, sisters of each other, for the reason stated
in the other case, although exceptions doubtless existed
tinder both branches of the custom. All these wives
stood to each other in the relationship of punalua.
It is evident that the punaluan family was formed out
of the consanguine. Brothers ceased to marry their own
sisters; and after the gentile organization had worked
upon society its complete results, their collateral sisters
as well. But in the interval they shared their remaining
wives in common. In like manner, sisters ceased mar-
rying their own brothers, and after a long period of time,
their collateral brothers but they shared their remaining
;

husbands in common. The advancement of society out

of the consanguine into the punaluan family was the
inception of a great upward movement, preparing the
 488 ANCtENT SOCIETY

way for the gentile organization which gradually con-

ducted to the syndyasmian family, and ultimately to the
monogamian.
Another remarkable fact with respect to the custom of
punalua, is the necessity which exists for its ancient
prevalence among the ancestors of the Turanian and
Ganowanian families when their system of consanguinity
was formed. The reason is simple and conclusive. Mar-
riages in punaluan groups explain the relationships in
the system. Presumptively they are those which actually
existed when this system was formed. The existence of
the system, therefore, requires the antecedent prevalence
of punaluan marriage, and of the punaluan family. Ad-
vancing to the civilized nations, there seems to have been
an equal necessity for the ancient existence of punaluan
groups among the remote ancestors of all such as pos-
sessed the gentile organization Greeks, Romans. Ger-
mans, Celts, Hebrews for it is reasonably certain that
all the families of mankind who rose under the gentile

organization to the practice of monogamy possessed, in

prior times, the Turanian system of consanguinity which
sprang from the punaluan group. It will be found that
the great movement, which commenced in the formation
of this group, was, in the main, consummated through
the organization into gentes, and that the latter was gen-
erally accompained, prior to the rise of monogamy, by
the Turanian system of consanguinity.
Traces of the punaluan custom remained, here and
there, down to the Middle Period of barbarism, in excep-
tional cases, in European, Asiatic, and American tribes.
The most remarkable illustration is given by Caesar in
stating the marriage customs of the ancient Britons. He
observes that, "by tens and J>y twelves, husbands posses-
sed their wives in common ; and especially brothers with
1
brothers and parents with their children/'
This passage reveals a custom of intermarriage in the
group which punalua explains. Barbarian mothers would
not be expected to show ten and twelve sons, as a rule,

t "De Bell. Gall.," v. 14.

 THE PUKALUAN FAMILY 439

or even in exceptional cases; but under the Turanian

system of consanguinity, which we are justified in sup-
posing the Britons to have possessed, large groups of
brothers are always found, because male cousins, near
and remote, fall into this category with Ego. Several
brothers among the Britons, according to Caesar, posses-
sed their wives in common. Here we find one branch of
the punaluan custom, pure and simple. The correlative
group which this presupposes, where several sisters shared
their husbands in common, is not suggested directly by
Caesar but it probablv existed as the complement of the
;

first. Something beyond the first he noticed, namely,

that parents, with their children, shared their wives in
common. It is not unlikely that these wives were sisters.
Whether or not Caesar by this expression referred to the
other group, it serves to mark the extent to which plural
marriages in the group existed among the Britons; and
which was the striking fact that arrested the attention
of this distinguished observer. Where several brothers
were married to each other's wives, these wives were
married to each other's husbands.
Herodotus, speaking of the Massagetae, who were in
the Middle Status of barbarism, remarks that every man
had one wife, yet all the wives were common. 1 It may
be implied from thts statement that the syndyasmian fam-
ily had begun to supervene upon the punaluan. Each
husband paired with one wife, who thus became his
principal wife, but within the limits of the group hus-
bands and wives continued in common. If Herodotus
intended to intimate a state of promiscuity, it probably
did not exist. The Massagetae, although ignorant of
iron, possessed flocks and herds, fought on horseback
armed with battle-axes of copper and with copper-pointed
spears, and manufactured and used the wagon (amaxa).
It is not supposable that a people living in promiscuity
could have attained such a degree of advancement. H
also remarks of the Agathyrsi, who were in the same
status probably, that they had their wives in common

i Lib., I, c . SIC.
440 ANCIENT SOCIETY

that they be brothers, and, as members of a

might all
1
common neither envy nor hate one another.
family,
Funaluan marriage in the group affords a more rational
and satisfactory explanation of these, and similar usages
in other tribes mentioned by Herodotus, than polygamy
or general promiscuity. His accounts are too meager to
illustrate the actual state of society among them.
Traces of the punahran custom were noticed in some
of the least advanced tribes of the South American abo-
rigines but the particulars are not fully given.
; Thus,
the first navigators who visited the coast tribes of Ven-
ezuela found a state of society which suggests for its
explanation punaluan groups. "They observe no law or
rule in matrimony, but took as many wives as they would,
and they as many husbands, quitting one another at pleas-
ure, without reckoning any wrong done on either part.
There was no such thing as jealousy among them, all
living as best pleased them, without taking offence at one
another. The houses they dwelt in were com-
. . .

mon to all, and so spacious that they contained one hun-

dred and sixty persons, strongly built, though covered
8
with palm-tree leaves, and shaped like a bell. These
tribes used earthen vessels and were therefore in the
Lower Status of barbarism but from this account were
;

but slightly removed from savagery. In this case, and

in those mentioned by Herodotus, the observations upon
which the statements were made were superficial. It

shows, at least, a low condition of the family and of the

marriage relation.
\Yhen North America was discovered in its several
parts, the punaluan family seems to have entirely disap-
peared. No tradition remained among them, so far as I
am aware, of the ancient prevalence of the punaluan
i L,ib., iv, o. 104,
a Herrera's "History of America," 1. c., 1, 21 G. Speaking: of the
roast tribes of Brazil, Herrera further remarks that "they live
In bohios, or larpre thatched cottages, of which there are about
eight in every village, full of people, with their nests or ham-
mocks to lie in They live in a bonstly mnnner, without
any regard to Justice or decency." Tb., Jv, 94. Garclla*so de la
Veg*a gives an equally unfavorable account of the marriage re-
lation among: some of the lowest tribes of Peru. "Royal Tom.
of Peru," 1. c., pp. 10 and 1 or,.
 THE PUNAIATAN FAMILY 441

custom. The family generally had passed out of the

punaluan into the svndyasmian form; but it was envi-
roned with the remains of an ancient conjugal system
which points backward to punaluan groups. One custom
may be cited of unmistakable punaluan origin, which is
still recognized in at least
forty North American Indian
tribes. \Yhere a man married the eldest daughter of a
*

family he became entitled by custom to all her sisters as

wives when they attained the marriageable age. It was
a right seldom enforced, from the difficulty, on the part
of the individual, of maintaining several families, al-

though polygamy was recognized universally as a privi-

lege of the males. We find in this the remains of the
custom of punalua among their remote ancestors. Un-
doubtedly there was a time among them when own sis-
ters went into the marriage relation on the basis of their
sisterhood the husband of one being the husband of all,
;

but not the only husband, for other males were joint hus-
bands with him in the group. After the punaluan family
fell out, the right remained with the husband of the eldest
sister to become the husband of all her sisters if he chose
to claim it. It may with reason be regarded as a genuine
survival of the ancient punaluan custom.
Other traces of this family among the tribes of man-
kind might be cited from historical works, tending to
show not only its ancient existence, but its wide preva-
lence as well. It is unnecessary, however, to extend these
citations, because the antecedent existence of the punaluan
family among the ancestors of all the tribes who possess,
or did possess, the Turanian system of consanguinity can
be deduced from the system itself.
IT. Origin of the Organization into Gentcs.
It has before been suggested that the time, when this
institution originated, was the period of savagery, firstly,
because it is found in complete development in the Lower
Status of barbarism and secondly, because it is found in
;

partial development in the Status of savagery. More-

over, the germ of the gens is found as plainly in the
Australian classes as in the Hawaiian punaluan group.
The gentes are also found among the Australians, based
412 ANCIENT SOCIETY

upon the classes, with the apparent manner of their or-

ganization out of them. Such a remarkable institution as
the gens would not he expected to spring into existence
complete, or to grow out of nothing, that is, without a
foundation previously formed by natural growth. Its
birth must he sought in pre-existing elements of society,
and its maturity would he expected to occur long after
its origination.
Twoof the fundamental rules of the gens in its archaic
form are found in the Australian classes, namely, the pro-
hibition of intermarriage between brothers and sisters,
and descent in the female line. The last fact is made
entirely evident when the gens appeared, for the children
are then found in the gens of their mothers. The natural
adaptation of the classes to give birth to the gens is suf-
ficiently obvious to suggest the probability that it actually
so occurred. Moreover, this probability is strengthened
by the fact that the gens is here found in connection with
an antecedent and more archaic organization, which was
still the unit of a social system, a place belonging of right

to the gens.
Turning now to the Hawaiian punaluan group, the
same elements are found containing the germ of the gens.
It is confined, however, to the female branch of the
custom, where several sisters, own and collateral, shared
their husbands in common. These sisters, with their chil-
dren and descendants through females, furnish the exact
membership of a gf ns of the archaic type. Descent would
necessarily be traced through females, because the patern-
ity of children was not ascertainable with certainty. As
soon as this special form of marriage in the group became
an established institution, the foundation for a gens
existed. It then required an exercise of intelligence to
turn this natural punaluan group into an organization,
restricted to these mothers, their children, and descend-
ants in the female line. The Hawaiians, although this
group existed among them, did not rise to the conception
of a gens. But to precisely such a group as this, resting
upon the sisterhood of the mothers, or to the similar
Australian group, resting upon the same principle of
 THE PUNALUAN FAMILY 443

union, the origin of the gens must be ascribed. It took

this group as it found it, and organized certain of its
members, with certain of their posterity, into a gens on
the basis of kin.

To explain the exact manner in which the gens origi-

nated is, of course, impossible. The facts and circum-
stances belong to a remote antiquity. But the gens may
be traced back to a condition of ancient society calculated
to bring it into existence. This is allI have attempted
to do. It belongs in its origin to a low stage of human
development, and to a very ancient condition of society ;

though later in time than the first appearance of the

punaluan family. It is quite evident that it sprang up
in this family, which consisted of a group of persons
coincident substantially with the membership of a gens.
The influence of the gentile organization
upon ancient
society was conservative and elevating. After it had be-
come fully developed and expanded over large areas, and
after time enough had elapsed to work its full influence
upon society, wives became scarce in place of their former
abundance, because it tended to contract the size of the
punaluan group, and finally to overthrow it. The syn-
dyasmian family was gradually produced within the
punaluan, after the gentile organization became predomi-
nant over ancient society. The intermediate stages of
progress are not well asertained but, given the punaluan
;

family in the Status of savagery, and the syndyasmian

family in the Lower Status of barbarism, and the fact of
progress from one into the other may be deduced with
reasonable certainty. It was after the latter family began
to appear, and punaluan groups to disappear, that wives
came to be sought by purchase and by capture. With-
out discussing the evidence still accessible, it is a plain
inference that the gentile organization was the efficient
cause of the final overthrow of the punaluan family, and
of the gradual reduction of the stupendous conjugal
system of the period of savagery. While it originated
in the punaluan
group, as we must suppose, it neverthe-
less carried society beyond and above its plane.
444 ANCIENT SOCIETY

III. The Turanian or Ganowdnian System of Consan-

guinity.
This system and the gentile organization, when in its
archaic form, are usually found together. They are not
mutually dependent but they probably appeared not far
;

apart in the order of human progress. But s\ stems of

consanguinity and the several forms of the family stand
in direct The family represents an active
relations.
principle. never stationary, but advances from a
It is
lower to a higher form as society advances from a lower
to a higher condition, and finally passes out of one form
into another of higher grade. Systems of consanguinity,
on the contrary, are passive recording the progress made
;

by the family at long intervals apart, and only changing

radically when the family has radically changed.
The Turanian system could not have been formed un-
less punaluan marriage and the punaluan family had
existed at the time. In a society wherein by general
usage several sisters were married in a group to each
other's husbands, and several brothers in a group to each
other's wives, the conditions were present for the crea-
tion of the Turanian system. Any system formed to ex-
press the actual relationships as they existed in such a
family would, of necessity, be the Turanian and would, ;

of itself, demonstrate the existence of such a family

when it was formed.
It is now proposed
to take up this remarkable system as
it still Turanian and (janowanian families,
exists in the
and offer it in evidence to prove the existence of the
punaluan family at the time it was established. It has
come down to the present time on two continents after
the marriage customs in which it originated had disap-
peared, and after the family had passed out of the
punaluan into the syndyasmian form.
In order to appreciate the evidence it will be necessary
to examine the details of the system. That of the Seneca-
Iroquois will be used as typical on the part of the Gano-
wanian tribes of America, and that of the Tamil people
of South India on the part of the Turanian tribes of
Asia. These forms, which are substantially identical
 THE PUNALUAN FAMILY 445

through upwards of two hundred relationships of the

same person, will be found in a Table at the end of this
1

chapter. In a previous work I have presented in full

the system of consanguinity of some seventy American
Indian tribes and among Asiatic tribes and nations that
;

of the Tamil, Telugu, and Canarese people of South

India, among all of whom the system, as given in the
Table, isnow in practical daily use. There are diversities
in the systems of the different tribes and nations, but the
radical features are constant. All alike salute by kin,
but with this difference, that among the Tamil people
where the person addressed is younger than the speaker,
the term of relationship must be used but when older
;

the option is given to salute by kin or by the personal

name. On the contrary, among the American aborigines,
the address must always be by the term of relationship.
They use the system in addresses because it is a system
of consanguinity and affinity. It was also the means by
which each individual in the ancient gentes was able to
trace his connection with every member of his gens until
monogamy broke up the Turanian system. It will be
found, in many cases, that the relationship of the same
person to Ego is different as the sex of Ego is changed.
For this reason it was found necessary to state the ques-
tion twice, once with a male speaking, and again with a
female. Notwithstanding the diversities it created, the
system is logical throughout. To exhibit its character, it
will be necessary to pass through the several lines as was
done in the Malayan system. The Seneca-Iroquois will
be used.
The relationships of grandfather (Hoc'-sotc\ and
grandmother (Oc'-sote}, and of grandson f/a-ya'-rfa) ( ,

and granddaughter (Ka-ya'-da), are the most remote

recognized either in the ascending or descending series.
Ancestors and descendants above and below these, fall
into the same categories respectively.
The relationships of brother and sister are conceived in

i
"Systems of Consanguinity and Affinity of the Human Fam-
ily," Smithsonian Contributions to Knowledge, vol. zvtt.
 446 ANCIENT SOCIETY

the twofold form of elder and younger, and not in the

abstract ; and there are special terms for each, as follow :

Elder Brother. Ha'-gre. Elder Sister, Ah'-je*.

Younger Brother, Ha'-ffi. Younger Sister, Ka ->gi.
These terms are used by the males and females, and
are applied to all such brothers or sisters as are older or
younger than the person speaking. In Tamil there are
two sets of terms for these relationships, but they are
now used indiscriminately by both sexes.
First Collateral Line. With myself a male, and speak-
ing as a Seneca, my brother's son and daughter are my
son and daughter (Ha-ah'-wuk, and Ka-ah'-wuk), each
of them calling me father (Ha-nih). This is the first
indicative feature of the system. It places my brother's
children in the same category with my own. They are my
children as well as his. My brother's grandchildren are
my grandsons and granddaughters (Ha-ya'da, and Ka-
y'd-da, singular), each of them cabling me grandfather
(Hoc'-sote). The relationships here given ar^ those
recognized and applied none others are known.
;

Certain relationships will be distinguished as indica-

tive. They usually control those that precede and follow.
When they agree in the systems of different tribes, and
even of different families of mankind, as in the Tura-
nian and Ganowanian, they establish their fundamental
identity.
In the female branch of this line, myself still a male,
my sister's son and daughter are my nephew and niece

(Ha-yd' -wan-da, and Ka-y&'wan-da), each of them call-

ing me uncle (Hoc-no'seh). This is a second indicative
feature. It restricts the relationships of nephew and
niece to the children of a man's sisters, own or collateral.
The children of this nephew and niece are my grand-
children as before, each of them applying to me the
proper correlative.
With myself a female, a part of these relationships are
reversed. My brother's son and daughter are my nephew
and niece (Ha-soh'-neh, and Ka-soh'-neh) each of them
,

calling me aunt (Ah-gaf-huc). It will be noticed that the

terms for nephew and niece used by the males are dilf
 THE PUNALUAN FAMILY 447

ferent from those used by the females. The children of

these nephews and nieces are my grandchildren. In the
female branch, my sister's son and daughter arc my son
and daughter, each of them calling me mother (Xoh-
ych') y and their children are my grandchildren, each of
them calling me grandmother (Oc'-sotc).
The wives of these sons and nephews are my daughters-
in-law (Ka'-sa), and the husbands of these daughters
and nieces are my sons-in-law (Oc-na'-hosc, each term
singular), and they apply to me the proper correlative.
Second Collateral Line. In the male branch of this
line, on the father's side, and irrespective of the sex of
Ego, my father's brother is my father, and calls me his
son or daughter as I am a male or a female. Third in-
dicative feature. All the brothers of a father are placed
in the relation of fathers. His son and daughter are my
brother and sister, elder or younger, and 1 apply to then]
the same terms I use to designate own brothers and sis-
ters. Fourth indicative feature. It places the children
of brothers in the relationship of brothers and sisters.
The children of these brothers, myself a male, are my
sons and daughters, and their children are my grand-
children whilst the children of these sisters are my
;

nephews and nieces, and the children of the latter are

my grandchildren. But with myself a female the children
of these brothers are my nephews and nieces, the chil-
dren of these sisters are my sons and daughters, and their
children, alike are my grandchildren. It is thus seen that
the classification in the first collateral line is carried into
the second, as it is into the third and more remote as
far as consanguine! can be traced.
My father's sister is my aunt, and calls me her nephew
if I am a male. Fifth indicative feature. The relation-
ship of aunt is restricted to the sisters of my father, and
to the sisters of such other persons as stand to me in the
relation of a father, to the exclusion of the sisters of
my mother. My father's sister's children arc my cousins
(.Ih-garc'-seh, singular), each of them calling me
cousin. With myself a male, the children of my male
cousins are my sons and daughters, and of my female
448 ANCIENT SOCIETY

cousins are my nephews and nieces; but with myself a

female these last relationships are reversed. All the chil-
dren of the latter are my grandchildren.
On the mother's side, myself a male, my mother's
brother is my uncle, and calls me his nephew. Sixth in-
dicative feature. The relationship of uncle is restricted
to the brothers of my mother, own and collateral, to the
exclusion of my father's brothers. His children are my
cousins, the children of my male cousins are my sons and
daughters, of my female cousins arc my nephews and
nieces; but with myself a female these last relationships
are reversed, the children of all alike are my grandchil-
dren.
In the female branch of the same line my mother's sis-
ter is my mother. Seventh indicative feature. All of
several sisters, own and collateral, are placed in the rela-
tion of a mother to the children of each other. My
mother's sister's children are my brothers and sisters,
elder or younger.- Eighth indicative feature. It estab-
lishes the relationship of brother and sister among the
children of sisters. The children of these brothers are
my sons and daughters, of these sisters arc my nephews
and nieces and the children of the latter are my grand-
;

children. With myself a female the same relationships

are reversed as in previous cases.
Each of the wives of these several brothers, and of
these several male cousins is my sister-in-law (Ah-gc-ah'-
ne-ah), each of them calling me brother-in-law (Ha-
yd'-o). The precise meaning of the former term is not
known. Each of the husbands of these several sisters and
female cousins is my brother-in-law, and they all apply
to me the proper correlative. Traces of the punaluan
custom remain here and there in the marriage relation-
ship of the American aborigines, namely, between Ego
and the wives of several brothers and the husbands of
several sisters. In Mandan my brother's wife is my wife,
and in Pawnee and Arickarce the same. In Crow my
husband's brother's wife is "my comrade" (Bol-ze'-no-

f>ti-chc), in Creek my"present occupant" (Chu-hu'-cho-

zc'a),and in Munsee "my friend" (Nain-josS). In Win-
 THE PUNALUAN FAMILY 449

nebago and Achaotinnc she is "my sister." My wife's

husband, in some tribes is "my brother," in others
sister 's
my "brother-in-law," and in Creek "my little separater"
(Un-ka-pu'-chc), whatever that may mean.
Third Collateral Line. As the relationships in the sev-
eral branches of this line are the same as in the corres-
ponding branches of the second, with the exception of
one additional ancestor, it will be sufficient to present one
branch out of the four. My father's father's brother is
my grandfather, and calls me his grandson. This is a
ninth indicative feature, and the last of the number. It
places these brothers in the relation of grandfathers, and
thus prevents collateral ascendants from passing beyond
this relationship. The principle which merges the col-
lateral lines in the lineal line works upward as well as
downward. The son of this grandfather is my father;
his children are my brothers and sisters; the children of
these brothers are my sons and daughters, of these sisters
arc my nephews and nieces and their children are my
;

grandchildren. With myself a female the same relation-

ships are reversed as in previous cases. Moreover, the
correlative term is applied in every instance.
Fourth Collateral Line. It will be sufficient, for the same
reason, to give but a single branch of this line. My grand-
is my grandfather his son is also
father's father's brother ;

my grandfather; the son of the latter is my father; his

son and daughter are my brother and sister, elder or
younger and their children and grandchildren follow in
;

the same relationships to Ego as in other cases. In the

fifth collateral line the classification is the same in its sev-
eral branches as in the corresponding branches of the
second, with the exception of additional ancestors.
It follows, from the nature of the system, that a knowl-

edge of the numerical degrees of consanguinity is essen-

tial to a proper classification of kindred. But to a native
Indian accustomed to its daily use the apparent maze of
relationships presents no difficulty.
Among the remaining marriage relationships there are
terms in Scncca-Iroquois for father-in-law (Oona'-Aojt),
for a wife's father, and (Hii-ga'-sd) for a husband's
400 ANCIENT SOCIETY

father. The former term is also used to designate a son-

in-law, thus showing it to be reciprocal. There are also
terms for step-father and step-mother (Hoc'-no-ese) and
(Oc'-no-ese), and for step-son and step-daughter (Hcf-
no and Ka'-no). In a number of tribes two fathers-in-
law and two-mothers-in-law are related, and there are
terms to express the connection. The opulence of the
nomenclature, although made necessary by the elaborate
discriminations of the system, is nevertheless remarkable.
For full details of the Seneca-Iroquois and Tamil system
reference is made to the Table. Their identity is appar-
ent on bare inspection. It shows not only the .prevalence
of punaluan marriage amongst their remote ancestors
when the system was formed, but also the powerful im-
pression which this form of marriage made upon ancient
society. It is, at the same time, one of the most ex-
traordinary applications of the natural logic of the human
mind to the facts of the social system preserved in the
experience of mankind.
That the Turanian and Ganowanian system was
engrafted upon a previous Malayan, or one like it in all
essential respects, is now demonstrated. In about one-
half of all the relationships named, the two are identical.
If those are examined, in which the Seneca and Tamil
differ from the Hawaiian, it will be found that the dif-
ference is upon those relationships which depended on
the intermarriage or non-intermarriage of brothers and
sisters. In the former two, for example, my sister's son
is my nephew, but in the latter he is my son. The two
relationships express the difference between the consan-
guine and punaluan families. The change of relation-
ships which resulted from substituting punaluan in the
place of consanguine marriages turns the Malayan into
the Turanian system. But it may be asked why the
Hawaiians, who had the punaluan family, did not reform
their system of consanguinity in accordance therewith?
The answer has elsewhere been given, but it may be
repeated. The -form of the family keeps in advance of
the system. In Polynesia it was punaluan while the sy-
tem remained Malayan; in America it was syndyaimian
 THE PUNALUAN FAMILY 45!

while the system remained Turanian and in Europe and

;

Western Asia became monogamian while the system

it

seems to have remained Turanian for a time, but it then

fell into decadence, and was succeeded by the Aryan.

Furthermore, although the family has passed through

five forms, but three distinct systems of consanguinity
were created, so far as is now known. It required an
organic change in society attaining unusual dimensions
to change essentially an established system of, consanguin-
ity. I think it will be found that the organization into

gentes was sufficiently influential and sufficiently uni-

versal to change the Malayan system into the Turanian ;

and that monogamy, when fully established in the more

advanced branches of the human family, was sufficient,
with the influence of property, to overthrow the Turan-
ian system and substitute the Aryan.
It remains to explain the origin of such Turanian rela-

tionships as differ from the Malayan. Punaluan mar-

riages and the gentile organizations form the basis of
the explanation.
I. AH the children of my several brothers, own and
collateral, myself a male, are my SOPS and daughters.
Reasons Speaking as a- Seneca, all the wives of my
:

several brothers are mine as well as theirs. We

are now
speaking of the time when the system was formed. It is
the same in the Malayan, where the reasons are assigned.
II. All the children of my several sisters, own and
collateral, myself a male, are my nephews and nieces.
Reasons Under the gentile organization these females,
:

by a law of the gens, cannot be my wives. Their chil-

dren, therefore, can no longer be my children, but stand
to me in a more remote relationship; whence the new
relationships of nephew and niece. This differs from the
Malayan.
III. With myself a female, the children of my several
brothers, own and collateral, aremy nephews and nieces.
Reasons, as in ll. This also differs from the Malayan.
IV. With myself a female, the children of my several
sisters, own and collateral, and of my several female
cousins, are my sons and daughters*
45*2 ANCIENT SOCIETY

Reasons All their husbands are my husbands as well.

:

In strictness these children are my step-children, and are

so described in Ojibwa and several other Algonkin tribes ;

but in the Seneca-Iroquois, and in Tamil, following the

ancient classification, they are placed in the category of
my sons and daughters, for reasons given in the Ma-
layan.
V. All the children of these sons and daughters are
my grandchildren.
Reason They are the children of
:
my sons and daugh-
ters.
VI. All the children of these nephews and nieces are
-

my grandchildren.
Reason These were the relationships of the same per-
:

sons under the Malayan system, which presumptively pre-

ceded the Turanian. No new one having been invented,
the old would remain.
VII. All the brothers of my father, own and collat-
eral! are my fathers.
Reason: They are the husbands of my mother. It is
the same in Malayan.
VIII. All the sisters of my father, own and collateral,
are my aunts.
Reason Under the gentile organization neither can be
:

the wife of my father; wherefore the previous relation-

ship of mother is inadmissible. A
new relationship,
therefore, was required: whence that of aunt.
IX. All the brothers of my mother, own and collat-
eral, are my uncles.
Reasons: They are no longer the husbands of my
mother, and must stand to me in a more remote relation-
ship than that of father : whence the new relationship of
uncle.
X. All the sisters of my mother, own and collateral,
are my mothers.
Reasons, as in IV.
XL All the children of my father's brothers, and all
the children of my mother's sisters, own and collateral,
are my brothers and sisters.
 THE PtJNALUAN FAMlLf 4$&

Reasons: It is the same in Malayan, and for reasons

there given.
XlL All the children of my several uncles and all the
children of my several aunts, own and collateral, are my
male and female cousins.
Reasons: Under the gentile organization all these
uncles and aunts are excluded from the marriage rela-
tion with my father and mother; wherefore their chil-
dren cannot stand to me in the relation of brothers and
sisters, as in the Malayan, but must be placed in one
more remote whence the new relationship of cousin.
:

XIII. In Tamil all the children of my male cousins,

myself a male, are my nephews and nieces, and all the
children of my female cousins are my sons and daughters.
This is the exact reverse of the rule among the Seneca-
Iroquois. It tends to show that among the Tamil peo-

ple, when the Turanian system came in, all my female

cousins were my wives, whilst the wives of my male
cousins were not. It is a singular fact that the devia-
tion on these relationships is the only one of any import-
ance between the two systems in the relationships to Ego
of some two hundred persons.
XIV. All the brothers and sisters of my grandfather
and of my grandmother are my grandfathers and grand-
mothers.
Reason It is the same in Malayan, and for the reasons
:

there given.
It is now made additionally plain that both the Tura-
nian and Ganowanian systems, which are identical, super-
vened upon an original Malayan system and that the lat-
;

ter must have prevailed generally in Asia before the Ma-

layan migration to the Islands of the Pacific. Moreover,
there are good grounds for believing that the system was
transmitted in the Malayan form to the ancestors of the
three families, with the streams of the blood, from a com-
mon Asiatic source, and afterward, modified into its pres-
ent form by the remote ancestors of the Turanian and
Ganowanian families.
The principal relationships of the Turanian system
have now been explained in their origin, and are found
 4U Attttl&K?

to be those which would actually exist in the punalukri

family as near as the parentage of children could be
known. The system explains itself as an organic growth,
and since it could not have originated without an ade-
quate cause, the inference becomes legitimate as well as
necessary that it .was created by punaluan families. It
will be noticed, however, that several of the marriage
relationships have been changed.
The system treats all brothers as the husbands of each
other's wives, and all sisters as the wives of each other's
husbands, and as intermarried in a group. At the time
the system was formed, wherever a man found a brother,
own or collateral, and those in that relation were numer-
ous, in the wife of that brother he found an additional
wife. In like manner, wherever a woman found a sister,
own or collateral, and those in that relation were equally
numerous, in the husband of that sister she found an
additional husband. The brotherhood of the husbands
and the sisterhood of the wives formed the basis of the
relation. It is fully expressed by the Hawaiian custom
of punalua. Theoretically, the family of the period was
co-extensive with the group united in the marriage rela-
tion ; but, practically, it must have subdivided into a num-
ber of smaller families for convenience of habitation and
subsistence. The brothers, by tens and twelves, of the
Britons, married to each other's wives, would indicate
the size of an ordinary subdivision of a punaluan group.
Communism in living seems to have originated in the
necessities of the consanguine family, to have been con-
tinued in the punaluan, and to have been transmitted to
.the syndyasmian among the American aborigines, with
whom it remained a practice down to the epoch of their
discovery. Punaluan marriage is now unknown among
them, but the system of consanguinity it created has sur-
vived the customs in which it originated. The plan of
family life and of habitation among savage tribes has
been imperfectly studied. A knowledge of their usages
in these respects and of their mode of subsistence would
throw a strong light upon the questions under consider-
ation.
 THE mULUAN FAMILY 455

Two forms of the family have now been explained in

*>fceir two parallel systems of consanguinity.
origin by
The proofs seem to be conclusive. It gives tli^starting
point of human society after mankind had emerged from
a still lower condition and entered the organism of the
consanguine family. From this first form to the sec-
ond the transition was natural; a development from a
lower into a higher social condition through observation
and experience. It was a result of the improvable mental
and moral qualities which belong to the human species.
The consanguine and punaluan families represent the
substance of human progress through the greater part
of the peiiod of savagery. Although the second was a
great improvement upon the first, it was still very distant
from the monogamian. An impression may be formed by
a comparison of the several forms of the family, of the
slow rate of progress in savagery, where the means of
advancement were slight, and the obstacles were formid-
able. Ages upon ages of substantially stationary life, with
advance and d?cline v undoubtedly marked the course of
events; but the general movement of society was from
a lower to a otherwise mankind would
higher condition,
have remained in savagery. It is something to find an
assured initial point from which mankind started on their
great and marvelous career of progress, even though so
near the bottom of the scale, and though limited to a
form of the family so peculiar as the
406 ANCIENT SOCIETY
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460 ANCIENT SOCIEI'Y

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 CHAPTER IV

THE SYNDYASMIAN AND THE PATRIARCHAL FAMILIES

When the American aborigines were discovered, that

portion of them who were in the Lower Status of barbar-
ism, had attained to the syndyasmian or pairing family.
The large groups in the marriage relation, which must
have existed in the previous period, had disappeared and ;

in their places were married pairs, forming clearly

marked, though but partially individualized families. In
this family, may be recognized the germ of the mono-
gamian, but it was below the latter in several essential
particulars.

The syndyasmian family was special and peculiar. Sev-

eral ofthem were usually found in one house, forming
a communal household, in which the principle of com-
munism in living was practiced. The fact of the con-
junction of several such families in a common household
is of itself an admission that the family was too feeble an

organization to face alone the hardships of life. Never-

theless it was founded upon marriage between single
pairs, and possessed some of the characteristics of the
monogamian family. The woman was now something
more than the principal wife of her husband; she was
his companion, the preparer of his food, and the mother
of children whom he now began with some issurancc to
regard as his own. The birth of children, fo whom they
jointly cared, tended to cement the union and render it
permanent.
 SYNDYASMIAX AND PATRIARCHAL FAMILIES 468

But the marriage institution was as peculiar as the

family. Men
did not seek wives as they are sought in
civilized society, from affection, for the passion of love,
which required a higher development than they had at-
tained,was unknown among them. Marriage, therefore,
was not founded upon sentiment but upon convenience
and necessity. It was left to the mothers, in effect, to
arrange the marriages of their children, and they were
negotiated generally without the knowledge of the parties
to be married,and without asking their previous consent.
It sometimes happened that entire strangers were thus
brought into the marriage relation. At the proper time
they were notified when the simple nuptial ceremony
would be performed. Such were the usages of the Iro-
quois and many other Indian tribes. Acquiescence in
these maternal contracts was a duty which the parties
seldom refused. Prior to the marriage, presents to the
gentile relatives of the bride, nearest in degree, partaking
of the nature of purchasing gifts, became a feature in
these matrimonial transactions. The relation, however,
continued during the pleasure of the parties, and no
longer. It is for this reason that it is properly distin-

guished as the pairing family. The husband could put

away hiswife at pleasure and take another without
offence, and the woman enjoyed the equal right of leav-
ing her husband and accepting another, in which the
usages of her tribe and gens were not infringed. But a
public sentiment gradually formed and grew into strength
against such separations. When alienation arose between
a married pair, and their separation became imminent,
the gentile kindred of each attempted a reconciliation of
the parties, in which they were often successful; but il
they were unable to remove the difficulty their separation
was approved. The wife then left the home of her hus-
band, taking with her their children, who were regarded
as exclusively her own. and her personal effects, upon
which her husband had no claim: or where the wifr's
kindred predominated in the communal household, whio-
was usually the case, the husband left the home of tu*
464 ANCIENT SOCIETY
*
wife. Thus the continuance of the marriage relation
remained at the option of the parties.
There was another feature of the relation which shows
that the American aborigines in the Lower Status of bar-
barism had not attained the moral development implied
by monogamy. Among the Iroquois, who were barbar-
ians of high mental grade, and among the equally ad-
vanced Indian tribes generally, chastity had come to be
required of the wife under severe penalties which the
husband might inflict; but he did not admit the reciprocal
obligation. The one cannot be permanently realized with-
out the other. Moreover, polygamy was universally rec-
ognized as the right of the males, although the practice
was limited from inability to support the indulgence.
There were other usages, that need not be mentioned,
tending still further to show that they were below a con-
ception ofmonogamy, as that great institution is properly
defined. Exceptional cases very likely existed. It will
be found equally true, as I believe, of barbarous tribes
in general. The principal feature which distinguished
the syndyasmian from the monogamian family, although
liable to numerous exceptions, was the absence of an
exclusive cohabitation. The old conjugal system, a record
of which is still preserved in their system of consanguin-

i The late Rev. A. Wright, for many years a missionary among:

the Senecas, wrote the author in 1873 on this subject as follows:

"As to their family system, when occupying- the old long-houses,
it is probable that some one clan predominated, the women tak-
ing in husbands, however, from the other clans; and some-
times, f- r a novelty, some of their sons bringing in their young
wives until they felt brave enough to leave their mothers. Usu-
ally, the female portion ruled the house, and were doubtless
clannish enough about it. The stores were in common; but woe
to the luckless husband or lover who was too shiftless to do
his share of the providing. No matter how many children, or
whatever goods he might have in the house, he might at any
time be ordered to pick up his blanket and budge; and after
such orders it would not be healthful for him to attempt to
disobey. The house would be too hot for him; and, unless saved
by the intercession of some aunt or grandmother, he must re-
treat to his own clan; or, as was often done, go and start a
new matrimonial alliance in some other. The women were the
great power among the clans, as everywhere else. They did
not hesitate, when occasion required, 'to knock off the horns.'
as it was technically called, from the head of a chief, and send
him back to the ranks of the warriors. The original nomina-
tion of the chiefs also always rested with them." These state-
ments illustrate the gyneocracy discussed by Bachofen in "Das
Ifutterrecht."
 SYNDYASMIAN AND PATRIARCHAL, FAMILIES 465

ity, undoubtedly remained, but under reduced and re-

stricted forms.
Among the Village Indians in the Middle Status of
barbarism the facts were not essentially different, so far
as they can be said to be known. A comparison of the
usages of the American aborigines, with respect to mar-
riage and divorce, shows an existing similarity suffi-
ciently strong to imply original identity of usages. A
few only can be noticed. Clavigero remarks that among
the Aztecs "the parents were the persons who settled all
marriages, and none were ever executed without their
consent/' l "A priest tied a point of the huepilli, or
gown of the bride, with the tilmatli, or mantle of the
bridegroom, and in this ceremony the matrimonial con-
tract chiefly consisted." 2 Herrera, after speaking of the
same ceremony, observes that "all that the bride brought
was kept in memory, that in case they should be unmar-
ried again, as was usual among them, the goods might
be parted the man taking the daughters, and the wife
;

the sons, with liberty to marry again." 8

It will be noticed that the Aztec Indian did not seek
his wife personally any more than the Iroquois. Among
both it was less an individual than a public or gentile
affair, and therefore still remained under parental con-
trol exclusively. There was very little social intercourse
between unmarried persons of the two sexes in Indian
life; and as attachments were not contracted, none were
traversed by these marriages, in which personal wishes
were unconsidered, and in fact unimportant. It appears
further, that the personal effects of the wife were kept
distinct among the Aztecs as among the Iroquois, that
in case of separation, which was a common occurrence
as this writer states, she might retain them in accord-
ance with general Indian usage. Finally, while among
the Iroquois in the case of divorce the wife took all the
children, the Aztec husband was entitled to the daugh-
ters, and the wife to the sons; a modification of the an-

i "FfiBtory of Mexico," Phil. ed.. 1817, Culten's trans., It, t>.

a Ib.. ii, 101.
3 "Hlatory of America," 1. r., ill. 217.
466 ANCIENT SOCIETY

cient usage which implies a prior time when the Iroquois

Indian rule existed among the ancestors of the Aztecs.
Speaking of the people of Yucatan generally Herrera
further remarks that "formerly they were wont to marry
at twenty years of age, and afterwards came to twelve
or fourteen, and having no affection for their wives were
divorced for every trifle." l The Mayas of Yucatan were
superior to the Aztecs in culture and development; but
where marriages were regulated on the principle of neces-
sity,and not through personal choice, it is not surpris-
ing that the relation was unstable, and that separation
was at the option of either party. Moreover, polygamy
was a recognized right of the males among the Village
Indians, and seems to have been more generally practiced
than among the less advanced tribes. These glimpses at
institutions purely Indian as well as barbarian reveal in
a forcible manner the actual condition of the aborigines
in relative advancement. In a matter so personal as the
marriage relation, the wishes or preferences of the par-
ties were not consulted. No better evidence is needed
of the barbarism of the people.
Weare next to notice some of the influences which
developed this family from the punaluan. In the latter
there was more or less of pairing from the necessities of
the social state, each man having a principal wife among
a number of wives, and each woman a principal hus-
band among a number of husbands; so that the tend-
ency in the punaluan family, from the first, was in the
direction of the syndyasmian.
The organization into gentes was the principal instru-
mentality that accomplished this result but through long
;

and gradual processes. Firstly. It did not at once break

up intermarriage in the group, which it found established
by custom; but the prohibition of intermarriage in the
gens excluded own brothers and sisters, and also the chil-
dren of own sisters, since all of these were of the same
gens. Own brothers could still share their wives in com-
mon, and own sisters their husbands; consequently the

i "Hlitoir of America," IT. 171.

 SYNDYASMIAN AND PATRIARCHAL FAMILIES 49*

gens did not interfere directly with punaluan marriage,

except to narrow its range. But it withheld permanently
from that relation all the descendants in the female line
of each ancestor within the gens, which was a great in-
novation upon the previous punaluan group. When the
gens subdivided, the prohibition followed its branches,
for long periods of time, as has been shown was the case
among the Iroquois. Secondly. The structure and prin-
ciples of the organization tended to create a prejudice
against the marriage of consanguine!, as the advantages
of marriages between unrelated persons were gradually
discovered through the practice of marrying out of the
gens. This seems to have grown apace until a public
sentiment was finally arrayed against it which had become
very general among the American aborigines when dis-
covered. l For example, among the Iroquois none of the
blood relatives enumerated in the Table of consanguinity
were marriageable. Since it became necessary to seek
wives from other gentes they began to be acquired by
negotiation and by purchase. The gentile organization
must have led, step by step, as its influence became gen-
eral, to a scarcity of wives in place of their previous
abundance; and as a consequence, have gradually con-
tracted the numbers in the punaluan group. This con-
clusion is reasonable, because there are sufficient grounds
for assuming the existence of such groups when the
Turanian system of consanguinity was formed. They
have now disappeared although the system remains.
These groups must have gradually declined, and finally
disappeared with the general establishment of the syndy-
asmian family. Fourthly. In seeking wives, they did
not confine themselves to their own, nor even to friendly
tribes, but captured them by force from hostile tribes. It
furnishes a reason for the Indian usage of sparing the
lives of female captives, while the males were put to

t A case among the Shyans was mentioned to the author, t>y

one of their chiefs, where first cousins had married against
their usages. There was no penalty for tKe act; hut they were
ridiculed 110 constantly by their associate* that they voluntar-
ily separated rather than face the prejudice.
4*8 ANCIENT SOCIETY

death. When wives came to be acquired by purchase and

by capture, and more and more by effort and sacrifice,
they would not be as readily shared with others. It would
tend, at least, to cut off that portion of the theoretical
group not immediately associated for subsistence; and
thus reduce still more the size of the family and the range
of the conjugal system. Practically, the group would
tend to limit itself, from the first, to own brothers who
shared their wives in common and to own sisters who
shared their husbands in common. Lastly. The gentcs
created a higher organic structure of society than had
before been known, with processes of development as a
social system adequate to the wants of mankind until
civilization supervened. With the progress of society
under the gentes, the way was prepared for the appear-
ance of the syndyasmian family.
The influence of the new practice, which brought unre-
lated persons into the marriage relation, must have given
a remarkable impulse to society. It tended to create a
more vigorous stock physically and mentally. There is
a gain by accretion in the coalescence of diverse stocks
which has exercised great influence upon human devel-
opment. When two advancing tribes, with strong mental
and physical characters, are brought together and blended
into one people by the accidents of barbarous life, the
new skull and brain would widen and lengthen to the
sum of the capabilities of both. Such a stock would be
an improvement upon both, and this superiority would
assert itself in an increase of intelligence and of numbers.
It follows that the propensity to pair, now so power-
fully developed in the civilized races, had remained un-
formed in the human mind until the punaluan custom
began to disappear. Exceptional cases undoubtedly oc-
curred where usages would permit the privilege but it
;

failed to become general until the syndyasmian family

appeared. This propensity, therefore, cannot be called nor-
mal to mankind, but is, rather, a growth through experi-
ence, like all the great passions and powers of the mind.
Another influence may be adverted to which tended to
regard the growth of this family. Warfare among bar-
 SYNDYASMIAN AND PATRIARCHAL FAMILIES 459

barians is more destructive of life than among savages,

from improved weapons and stronger incentives. The
males, in all periods and conditions of society, have as-
sumed the trade of fighting, which tended to change the
balance of the sexes, and leave the females in excess.
This would manifestly tend to strengthen the conjugal
system created by marriages in the group. It would,
also, retard the advancement of the syndyasmian family
by maintaining sentiments of low grade with respect to
the relations of the sexes, and the character and dignity
of woman.
Onthe other hand, improvement in subsistence, which
followed the cultivation of maize and plants among the
American aborigines, must have favored the general ad-
vancement of the family. It led to localization, to the
use of additional arts, to an improved house architecture,
and to a more intelligent life. Industry and frugality,
though limited in degree, with increased protection of
life, must have accompanied the formation of families

consisting of single pairs. The more these advantages

were realized, the more stable such a family would
become, and the more its individuality would increase.
Having taken refuge in a communal household, in which
a group of such families succeeded the punaluan group,
itnow drew its support from itself, from the household,
and from the gentes to which the husbands and wives
respectively belonged. The great advancement of soci-
ety indicated by the transition from savagery into the
Lower Status of barbarism, would carry with it a cor-
responding improvement in the condition of the family,
the course of development of which was steadily upward
to the monogamian. If the existence of the syndyasmian
family were unknown, given the punaluan toward one
extreme, and the monogamian on the other, the occur-
rence of such an intermediate form might have been pre-
dicted. It has had a long duration in human experience.
Springing up on the confines oi savagery and "barbarism,
it traversed the Middle and the greater part of the Later
Period of barbarism, when it was superseded by a low

form of the monogamian. Overshadowed -by the conjugal

470 ANCIENT SOCIETY

system of the times, it gained in recognition with the

gradual progress of society. The selfishness of mankind,
as distinguished from womankind, delayed the realization
of strict monogamy until that great fermentation of the
human mind which ushered in civilization.
Two forms of the family had appeared before the
syndyasmian and created two great systems of consan-
guinity, or rather two distinct forms of the same system ;
but this third family neither produced a new system nor
sensibly modified the old. Certain marriage relationships
appear to have been changed to accord with those in the
new family; but the essential features of the system
remained unchanged. In fact, the syndyasmian family
continued for an unknown period of time enveloped in
a system of consanguinity, false, in the main, to existing
relationships, and which it had no power to break. It
was for the sufficient reason that it fell short of monog-
amy, the coming power able to dissolve the fabric. Al-
though this family has no distinct system of consanguin-
ity to proveits existence, like its predecessors, it has
itself existed over large portions of the earth within the
historical period, and still exists in numerous barbarous
tribes.
In speaking thus positively of the several forms of the
family in .their relative order, there is danger of being
misunderstood. I do not mean to imply that one form
rises complete in a certain status of society, flourishes
universally and exclusively wherever tribes of mankind
are found in the same status, and then disappears in an-
other, which is the next higher form. Exceptional cases
of the punaluan family may have appeared in the consan-
guine, and vice versa; exceptional cases of the syndyas-
mian may have appeared in the midst of the punaluan,
and vice versa; and exceptional cases of the monogamian
in the midst of the syndyasmian, and vice versa. Even
exceptional cases of the monogamian may have appeared
as low down as the punaluan, and of the syndyasmian as
low down as the consanguine. Moreover, some tribes
attained to a particular form earlier than other tribes
more advanced ; for example, the Iroquois had the syndy-
 SYNDYA8MIAK AND PATRIARCHAL FAMILIES 471

asmian family while in the Lower Status of barbarism,

but the Britons, who were in the Middle Status, still had
the punaluan. The high civilization on the shores of the
Mediterranean had propagated arts and inventions into
Britain far beyond the mental development of its Celtic
inhabitants, and which they had imperfectly appropriated.
They seem to have been savages in their brains, while
wearing the art apparel of more advanced tribes. That
which I have endeavored to substantiate, and for which
the proofs seem to be adequate, is, that the family began
in the consanguine, low down in savagery, and grew, by
progressive development, into the monogamian, through
two well-marked intermediate forms. Each was partial
in introduction, then general, and finally universal over
its

large areas after which it shaded off into the next suc-
;

ceeding form, which, in turn, was at first partial, then

general, and finally universal in the same areas. In the
evolution of these successive forms the main direction of
progress was from the consanguine to the monogamian.
With deviations from uniformity in the progress of man-
kind through these several forms, it will generally be
found that the consanguine and punaluan families belong
to the status of savagery the former to its lowest, and
the latter to its highest condition while the punaluan
continued into the Lower Status of barbarism ; that the
syndyasmian belongs to the Lower and to the Middle
Status of barbarism, and continued into the Upper; and
that the monogamian belongs to the Upper Status of bar-
barism, and continued to the period of civilization.
It will not be necessary, even if space permitted, to
trace the syndyasmian family through barbarous tribes
in general upon the partial descriptions of travelers and
observers. The tests given may be applied by each reader
to cases within his information. Among the American
aborigines in the Lower Status of barbarism it was the
prevailing form of the family at the epoch of their
discovery. Among the Village Indians in the Middle
Status, it was undoubtedly the prevailing form, although
the information given by the Spanish writers is vague
and general. The communal character of their
 47S ANCIENT SOCIETY

tenement houses is of itself strong evidence that the

family had not passed out of the syndyasmian form. It
had neither the individuality nor the exclusiveness which
monogamy implies.
The foreign elements intermingled with the native
culture in sections of the Eastern hemisphere produced
an abnormal condition of society, where the arts of civil-
ized life were remolded to the aptitudes and wants of
l
savages and barbarians. Tribes strictly nomadic have
also social peculiarities, growing out of their exceptional
mode of life, which are not well understood. Through in-
fluences, derived from the higher races, the indigenous
culture of many tribes has been arrested, and so far
adulterated as to change the natural flow of their prog-
ress. Their institutions and social state became modi-
fied in consequence.
systematic progress in Ethnology that
It is essential to
the condition both of savage and of barbarous tribes
should be studied in its normal development in areas
where the institutions of the people are homogeneous.
Polynesia and Australia, as elsewhere suggested, are the
best areas for the study of savage society. Nearly the
whole theory of savage life may be deduced from their in-
stitutions, usages and customs, inventions and discoveries.
North and South America, when discovered, afforded the
best opportunities for studying the condition of society
in the Lower and in the Middle Status of barbarism. The
aborigines, one stock in blood and lineage, with the ex-
ception of the Eskimos, had gained possession of a great
continent, more richly endowed for human occupation
than the Eastern continents save animals capable of
in
domestication. It afforded them an ample field for un-
disturbed development. They came into its possession
apparently in a savage state but the establishment of the
;

organization into gentes put them into possession of the

principal germs of progress possessed by the ancestors

i Iron has been smelted from the ore by a number of African

back as our knowledge
tribes, including: the Hottentots, as far
of them extends. After producing- the metal by rude processes
acquired from foreigrn sources, they have succeeded in fabricat-
ing rude implements and weapons.
 SYNDYASMIAN AND PATRIARCHAL FAMILIES 478

of the Greeks and Romans. l Cut off thus early, and

losing all further connection with the central stream of
human progress, they commenced their career upon a
new continent with the humble mental and moral endow-
ments of savages. The independent evolution of the
primary ideas they brought with them commenced under
conditions insuring a career undisturbed by foreign influ-
ences. It holds true alike in the growth of the idea of

government, of the family, of household life, of prop-

erty, and of the arts of subsistence. Their institutions,
inventions and discoveries, from savagery, through the
Lower and into the Middle Status of barbarism, are hom-
ogeneous, and still reveal a continuity of development of
the same original conceptions.
In no part of the earth, in modern times, could a more
perfect exemplification of the Lower Status of barbarism
be found than was afforded by the Iroquois, and other
tribes of the United States cast of the Mississippi. With
their arts indigenous and unmixed, and with their insti-
tutions pure and homogeneous, the culture of this period,
in its range, elements and possibilities, is illustrated by
them in the fullest manner. A
systematic exposition of
these several subjects ought to be made, before the facts
are allowed to disappear.
In a still higher degree all this was true with respect
to the Middle Status of barbarism, as exemplified by the
Village Indians of New Mexico, Mexico, Central Amer-
ica, Granada, Ecuador, and Peru. In no part of the
earth was there to be found such a display of society in
this Status, in the sixteenth century, with its advanced
arts and inventions, its improved architecture, its nascent
manufactures and its incipient sciences. American schol-
ars have a poor account to render of work done in this
fruitful field. It was in reality a lost condition of ancient
i The Asiatic origin of the American aborigines is assumed.
But It follows as a consequence of the unity of origin of man-
kind another assumption, but one toward which all the facts
of anthropology tend. There Is a mass of evidence sustaining
both conclusions of the most convincing character. Their
advent in America could not have resulted from a deliberate
migration; but must have been due to the accidents of the sea
and to the great ocean currents from Asia to the North-west
coast.
4t4 ANCIENT SOCIETY

society which was suddenly unveiled to European observ-

ers with the discovery of America; but they failed to
comprehend its meaning, or to ascertain its structure.
There is one other great condition of society, that of
the Upper Status of barbarism, not now exemplified by
existing nations ; but it may be found in the history and
traditions of the Grecian and Roman, and later of the
German tribes. It must be deduced, in the main, from
their institutions, inventions and discoveries, although
there is a large amount of information illustrative of the
culture of this period, especially in the Homeric poems.
When these several conditions of society have been
studied in the areas of their highest exemplification, and
are thoroughly understood, the course of human devel-
opment from savagery, through barbdrism to civilization,
will become intelligible as a connected whole. The course
of human experience will also be found as before sug-
gested to have run in nearly uniform channels.
The patriarchal family of the Semitic tribes requires
but a brief notice, for reasons elsewhere stated; and it
will be limited to little more than a definition. It belongs
to the Later Period of barbarism, and remained for a
time after the commencement of civilization. The chiefs,
at least, lived in polygamy but this was not the material
;

principle of the patriarchal institution. The organization

of a number of persons, bond and free, into a family,
under paternal power, for the purpose of holding lands,
and for the care of flocks and herds, was the essential
characteristic of this family. Those held to servitude,
and those employed as servants, lived in the marriage
relation, and, with the patriarch as their chief, formed a
patriarchal family. Authority over its members and over
its property was the material fact. It was the incorpora-
tion of numbers in servile and dependent relations, before
that time unknown, rather than polyginqk;
the patriarchal family with the attribute*^ _

institution. In the great movement of Sfemitic

which produced this family, paternal power over the
group was the object sought : and with it a hfcfter fatdi-
vidualitv of oersons.
 SYNDYASHIAN AND PATRIARCHAL FAMILIES 476

The same motive precisely originated the Roman fam-

ily under paternal power (patria potestas) with the
;

P9wer in the father of life and death over his children and
descendants, as well as over the slaves and servants who
formed its nucleus and furnished its name and with the
;

absolute ownership of all the property they cheated.

Without polygamy, the pater familias was a patriarch and
the family under him was patriarchal. In a less degree
the ancient family of the Grecian tribes had the same
characteristics. It marks that peculiar epoch in human

progress when the individuality of the person began to

rise above the gens, in which it had previously been
merged, craving an independent life, and a wider field
of individual action. Its general influence tended power-
fully to the establishment of the monogamian family,
which was essential to the realization of the objects
sought. These striking features of the patriarchal fam-
ilies, so unlike any form previously known, have given
to it a commanding position but the Hebrew and Roman
;

forms were exceptional in human experience. Tn the

consanguine and punaluan families, paternal authority
was impossible as well as unknown; under the syndy-
asmian it began to appear as a feeble influence; but its
growth steadily advanced as the family became more and
more individualized, and became fully established under
monogamy, which assured the paternity of children. In
the patriarchal family of the Roman type, paternal author-
ity passed beyond the bounds of reason into an excess
of domination.
No new system of consanguinity was created by the
Hebrew patriarchal family. The Turanian system would
harmonize with a part of its relationships; but as this
form of the family soon fellout, and the monogamian
became general, it was followed by the Semitic system of
consanguinity, as the Grecian and Roman were by the
Aryan. Each of the three great systems the Malayan,
the Turanian, and the Aryan indicates a completed or-
ganic movement of society, and each assured the pres-
ence, with unerring certainty, of that form of the family
whose relationships it recorded.
 CHAPTER V
THE MONOGAMIAN FAMILY

The origin of society has been so constantly traced to

the monogamian family that the comparatively modem
date now assigned to this family bears the semblance of
novelty. Those writers who have investigated the origin
of society philosophically, found it difficult to conceive
of its existence apart from the family as its unit, or of
the family itself as other than monogamian. They also
found it necessary to regard the married pair as the
nucleus of a group of persons, a part of whom were
servile, and all of whom were under power; thus arriv-
ing at the conclusion that society began in the patriarchal
family, when it first became organized. Such, in fact, was
the most ancient form of the institution made known to
us among the Latin, Grecian and Hebrew tribes. Thus,
by relation, the patriarchal family was made the typical
family of primitive society, conceived either in the Latin
or Hebrew form, paternal power being the essence of the
organism.
The gens, as it appeared in the later period of barbar-
ism, was well understood, but it was erroneously sup-
posed to be subsequent in point of time to the mono-
gamian family. A necessity for some knowledge of the
institutions of barbarous and even of savage tribes, i?
becoming constantly more apparent as a means for ex-
plaining our own institutions. With the assumption
made that the monogamian family was the unit of or-
ganization in the social system, the gens was treated as
an aggregation of families, the tribe as an aggrega-
476
 THE MONOGAMIAN FAMILY 477

tion of gentes andnation as an aggregate of

the
The error
tribes. the first proposition. It has
lies in
been shown that the gens entered entire into the
phratry, the phratry into the tribe, and the tribe into
the nation; but the family could not enter entire into
the gens, because husband and wife were necessarily
ef different gentes. The wife, down to the latest pe-
riod, counted herself of the gens of her father, and
bore the name of his gens among the Romans. As
all the parts must enter into the whole, the
family could
not become the unit of the gentile organization.. That
place was held by the gens. Moreover, the patri-
archal family, whether of the Roman or of the He-
brew type, was entirely unknown throughout the period
of savagery, through the Older, and probably through
the Middle, and far into the Later Period of barbarism.
After the gens had appeared, ages upon ages, and even
period upon period, rolled away before the monogamian
family came into existence. It was not until after civili-
zation commenced that it became permanently estab-
lished.
Its modern appearance among the Latin tribes may be
inferred from the signification of the word family,
derived from familia, which contains the same element
as famulus, =
servant, supposed to be derived from the
Oscan famcl, =
scrt'its, a slave.
l
In its primary mean-
ing the word family had no relation to the married pair
or their children, but to the body of slaves and servants
who labored for its maintenance, and were under the
power of the pater fawilias. Familia in some testamen-
tary dispositions is used as equivalent to patrimonium,
the inheritance which passed to the heir. a It was intro-
duced in Latin society to define a new organism, the
head of which held wife and children, and a body of
servile persons under paternal power. Mommsen uses
the phrase "body of servants" as the Latin signification

t Famuli orlgo ab OsolB dependet. apud quo servus Famut

nominabuntur, unde "famiHa* vocata.--"FeBtus," p. 87.
a Amico familiam mam* id est patrimonium suum manciple
flabat.-GaiuB "inst.," 11, 102,
478 ANCIENT SOCIETY

of familia! This term, therefore, and the idea it reprtv

sents, are no older than the iron-clad family system of
the Latin tribes, which came in after field agriculture and
after legalized servitude, as well as after the separation
of the Greeks and Latins. If any name was given to the
anterior family it is not now ascertainable.
In two forms of the family, the consanguine and puna-
luan, paternal power was impossible. When the gens
appeared in the midst of the punaluan group it united the
several sisters, with their children and descendants in the
female line, in perpetuity, in a gens, which became the
unit of organization in the social system it created. Out
of this state of things the syndyasmian family was grad-
ually evolved, and with it the germ of paternal power.
The growth of this power, at first feeble and fluctuating,
then commenced, and it steadily increased, as the new
family more and more assumed monogamian character-
istics, with the upward progress of society. When prop-
erty began to be created in masses, and the desire for its
transmission to children had changed descent from rhe
female line to the male, a real foundation for paternal
power was for the first time established. Among the
Hebrew and Latin tribes, when first known, the patri-
archal family of the Hebrew type existed among the
former, arid of the Roman type among the latter founded
;

in both cases upon the limited or absolute servitude of a

number of persons with their families, all of whom, with
the wives and children of the patriarch in one case, and
of the pater familias in the other, were under paternal
power. It was an exceptional, and, in the Roman family,
an excessive development of paternal authority, which,
so far from being universal, was restricted in the main
to the people named. Gaius declares that the power of
the Roman father over hfs children was peculiar to the
Romans, and that in general no other people had the
*
same power
i "History of Rome," 1. c., 1, 96.
a Item In potentate nostra tunt liberi noitrl, quoi juitU nup-
tlli procreauimus, qtiod jus proprium cluium Romanorum Mi:
fere enim null! alii aunt homines, qui talem In fllios suos hab-
ent potestatera, qualem nos habemus. "Inst.," 1, 55. JLsaoas;
 THE MONOGAMIAN FAMILY 479

It will be sufficient to present a few illustrations of the

early monogamian family from classical writers to give
an impression of its character. Monogamy appears in a
definite form in the Later Period of barbarism. Long
prior to this time some of its characteristics had undoubt-
edly attached themselves to the previous syndyasmian
family; but the essential element of the former, an ex-
clusive cohabitation, could not be asserted of the latter.
One of the earliest and most interesting illustrations
was found in the family of the ancient Germans. Their
institutions were homogeneous and indigenous; and the
people were advancing toward civilization. Tacitus, in
a few lines, states their usages with respect to marriage,
without giving the composition of the family or defining
its attributes. After stating that marriages were strict
among them, and pronouncing it commendable, he further
remarks, that almost alone among barbarians they con-
tended themselves with a single wife a very few ex-
cepted, who were drawn into plural marriages, not from
passion, but on account of their rank. That the wife did
not bring a dowry to her husband, but the husband to
his wife, .... a caparisoned horse, and a shield,
with a spear and sword. That by virtue of these gifts
the wife was espoused. 1 The presents, in the nature of
purchasing gifts, which probably in an earlier condition
went to the gentile kindred of the bride, were now pre-
sented to the bride
Elsewhere he mentions the two material facts in which
the substance of monogamy is found :* firstly, that each
man was contented with a single wife (singulis uxoribus
content* sunt) and, secondly, that the women lived
;

fenced around with chastity, (septce pitdicitia agtmt). It

seems probable, from what is known of the condition of
the family in different ethnical periods, that this of the
ancient Germans was too weak an organization to face
alone the hardships of life and, as a consequence, shelt-
;

otber thing* they had the power of life and death jua vfU
neclaque.
i "German la," c. 18.
i Ib., c. 1$,
 480 ANCIENT SOCIETY

ered communal household composed of related

itself in a
families. When
slavery became an institution, these
households would gradually disappear. German society
was not far enough advanced at this time for the appear-
ance of a high type of the monogamian family.
With respect to the Homeric Greeks, the family, al-
though monogamian, was low in type. Husbands required
chastity in their wives, which they sought to enforce by
some degree of seclusion but they did not admit the
;

reciprocal obligation by which alone it could be perma-

nently secured. Abundant evidence appears in the Ho-
meric poems that woman had few rights men were bound
to respect. Such female captives as were swept into their
vessels by the Grecian chiefs, on their way to Troy, were
appropriated to their passions without compunction and
without restraint. It must be taken as a faithful picture
of the times, whether the incidents narrated in the poems
were real or fictitious. Although the persons were cap-
tives, it reflects the low estimate placed upon woman.
Her dignity was unrecognized, and her personal rights
were insecure. To appease the resentment of Achilles,
Agamemnon proposed, in a council of the Grecian chiefs,
to give to him, among other things, seven Lesbian women
excelling in personal beauty, reserved for himself from
the spoil of that city, Briseis herself to go among the
number; and should Troy be taken, the further right to
select twenty Trojan women, the fairest of all next to
1
Argive Helen. "Beauty and Booty" were the watch-
words of the Heroic Age unblushingly avowed. The
treatment of their female captives reflects the culture of
the period with respect to women in general. Men having
no regard for the parental, marital or personal rights of
their enemies, could not have attained to any high con-
ception of their own.
In describing the tent life of the unwedded Achilles,
and of his friend Patroclus, Homer deemed it befitting
the character and dignity of Achilles as a chief to show,
that he slept in the recess of his well-constructed tent,

i "Iliad," ix, 128.

 THE MONOGAMIAN FAMILY 48 1

and by his side lay a female, fair-cheeked Diomede, whom

he had brought from Lesbos. And that Patroclus on the
other side reclined, and by him also lay fair-waisted
Iphis, whom noble Achilles gave him, having captured
1
her at Scyros. Such usages and customs on the part of
unmarried as well as married men, cited approvingly by
the great poet of the period, and sustained by public
sentiment, tend to showthat whatever of monogamy
existed, was through an enforced constraint upon wives,
while their husbands were not monogamists in the pre-
ponderating number of cases. Such a family has quite
as many syndyasmian as monogamian characteristics.
The condition of woman in the Heroic Age is supposed
to have been more favorable, and her position in the
household more honorable than it was at the commence-
ment of civilization, and even afterwards under their
highest development. It may have been true in a far
anterior period before descent was changed to the male
line, but there seems to be little room for the conjecture
at the time named. A great change for the better occur-
red, so far as the means and mode of life were concerned,
but it served to render more conspicuous the real estimate
placed upon her through the Later Period of barbarism.
Elsewhere attention has been called to the fact, that
when descent was changed from the female line to the
male, it operated injuriously upon the position and rights
of the wife and mother. Her children were transferred
from her own gens to that of her husband, and she for-
feited her agnatic rights by her marriage without obtayi-
ing an equivalent. Before the change, the members of
her own gens, in all probability, predominated in the
household, which gave full force to the maternal bond,
and made the woman rather more than the man the center
of the family. After the change she stood alone in the
household of her husband, isolated from l\er gentile kin-
dred. It must have weakened the influence of the ma-
ternal bond, and have operated powerfully to lower her
position and arrest her progress in the social scale.

i "Iliad", ix, 663

 46ft ANCIENT SOCIETY

Among the prosperous classes, her condition of enforced

'

seclusion, together with the avowed primary object of

marriage, to beget children in lawful wedlock, lead to
the inference that her position was less favorable in the
Heroic Age than in the subsequent period, concerning
which we are much better informed.
From first to last among the Greeks there was a prin-
egotism or studied selfishness at work among the
1

ciple of
males, tending to lessen the appreciation of woman,
scarcely found among savages. It reveals itself in their
plan of domestic life, which in the higher ranks secluded
the wife to enforce an exclusive cohabitation, without
admitting the reciprocal obligation on the part of her
husband. It implies the existence of an antecedent con-
jugal system of the Turanian type, against which it was
designed to guard. So powerfully had the usages of
centuries stamped upon the minds of Grecian women a
sense of their inferiority, that they did not recover
from it to the latest period of Grecian ascendency. It
was, perhaps, one of the sacrifices required of womankind
to bring this portion of the human race out of the syndy-
asmian into the monogamian family. It still remains an
enigma that a race, with endowments great enough to
impress their mental life upon the world, should have
remained essentially barbarian in their treatment of the
female sex at the height of their civilization. Women
were not treated with cruelty, nor with discourtesy within
the range of the privileges allowed them; but their
education was superficial, intercourse with the opposite
sex was denied them, and their inferiority was inculcated
as a principle, until it came to be accepted as a fact by
the women themselves. The wife was not the companion
and the equal of her husband, but stood to him in the
relation of a daughter; thus denying the fundamental
principle of monogamy, as the institution in its highest
form must be understood. The wife is necessarily the
equal of her husband in dignity, in personal rights and in
social position. We may thus discover at what a price
of experience and endurance this great institution of
modern society has been won.
 THE MONOGAMIAN FAMILY 48ft

Our information is quite ample and specific with re-

spect to the condition of Grecian women and the Grecian
family during the historical period. Becker, with the
marvelous research for which his works are distin-
guished, has collected the principal facts and presented
them with clearness and force. 1 His statements, while
i The following condensed statement, taken from Charicles
("Excursus." xii, Longman's ed., Metcalfe's trans.), contains the
material facts illustrative of the subject. After expressing the
opinion that the women of Homer occupied a more honorable
position in the household than the women of the historical per-
iod, he makes the following statements with respect to the
condition of women, particularly at Athens and Sparta, during
the high period of Grecian culture. He observes that the only
excellence of which a woman was thought capable differed but
little from that of a faithful slave (p. 464): that her utter want
of independence led to her being considered a minor all her life
long; that there were neither educational institutions for girls,
nor any private teachers at home, their whole instruction be-
ing left to the mothers, and to nurses, and limited to spinning
and weaving and other female avocations (i>. 466); that they
were almost entirely deprived of that most essential promoter
of female culture, the society of the other sex; strangers as
well as their nearest relatives being entirely excluded; even
their fathers and husbands saw them but little, the men being
more abroad than at home, and when at home inhabiting their
own apartments; that the gynaeconitis, though not exactly a
prison, nor yet a locked harem, was still the confined abode
allotted for life to the female portion of the household; that
it was particularly the case with the ma'idens. who lived In
the greatest seclusion until their marriage, and, so to speak,
regularly under lock and key (p. 465); that it was unbecoming
for a young wife to leave the house wltnout her husband's
knowledge, and in fact she seldom quitted It; she was thus
restricted to the society of her female slaves; and her husband,
if he chose to exercise it, had the power of keeping her In con-
finement (p. 466); that at those festivals, from which men were
excluded, the women had an opportunity of seeing something
of each other, which they enjoyed all the more from their ordi-
nary seclusion; that women found it difficult to go out of their
houses from these special restrictions; that no respectable lady
thought of going without the attendance of a female slave that
assigned to her for that purpose by her husband (p. 469);
this method of treatment had the effect of rendering the girls
excessively bashful and even prudish, and that even a married ,

woman shrunk back and blushed if she chancedIntoM*NMSJ be seen at

the window by a man (p. 471); that marrl ge to *
the procreation of children was considered by the Greeks ft *

necessity, enforced by their duty to the gods, to the state and

to their ancestors; that until a very late period, at least, no*
higher consideration attached to matrimony, 471): nor was trpns;
attachment a frequent cause of marriage (p. that what-
ever iStachment existed sprang from the soil of sensuality,
and none other than sensual love was acknowledged between
Athens, and P^abjv In the
l

man and wife (p. 478); that at the of children WM

other Grecian states as well, generation
considered the chief end of marriage, the choice of the bride
Idem depending on previous, or at least intimate '

eqjlnt-
 484 ANCIENT SOCIETY

they do not furnish a complete picture of the family of

the historical period, are quite sufficient to indicate the
great difference between the Grecian and the modern
civilized family, and also to show the condition of the
monogamian family in the early stages of its develop-
ment.
Among the facts stated by Becker, there are two that
deserve further notice: first, the declaration that the
chief object of marriage was the procreation of children
in lawful wedlock; and second, the seclusion of women
to insure this result. The two are intimately connected,
and throw some reflected light upon the previous condi-
tion from which they had emerged. In the first place,
the passion of love was unknown among the barbarians.
They are below the sentiment, which is the offspring of
civilization and superackled refinement. The Greeks in
general, as their marriage customs show, bad not attained
to a knowledge of this passion, although there were, of
course, numerous exceptions. Physical worth, in Grecian
estimation, was the measure of all the exellences of which
the female sex were capable. Marriage, therefore, was
'

not grounded upon sentiment, but upon necessity and

duty. These considerations are those which governed
the Iroquois and the Aztecs; in fact they originated in
barbarism, and reveal the anterior barbarous condition
of the ancestors of the Grecian tribes. It seems strange

discontent frequently prevailed (p. 477); that thn Imsband

and wife took their meals together, provided no other
men were dining: with the master of the house, for no woman
who did not wish to be accounted a courtesan, would think even
in her own house of participating: In the sympoHia of the men,
or of being present when her nusband accidentally brought
home a friend to dinner (p. 490); (hat the province of the wife
was the management of the entire household, and the nurture
of the children of the boys until they were placed under a
master, of the girls until their marriage; that the infidelity of
the wife was judged most harshly; and while It might be sup-
posed that the woman, from her strict seclusion, was generally
precluded from transgressing, they very frequently found
means of deceiving their husbands; that the law imposed tho
duty of continence in a very unequal manner, for while the hus-
band required from the wife the strictest fidelity, and visited
with severity any dereliction on her part, he allowed himself
to have intercourse with heteeree, which conduct though not
exactly approved* did not meet with any marked censure, and
much less was it considered *ny violation of matrimonial rights
<p, 4*4).
 THE MONOGAMlAN FAMILY 4&

hat they were sufficient to answer the Greek ideal of the

family relation in the midst of Grecian civilization. The
growth of property and the desire for its transmission
to children was, in reality, the moving power which
brought in monogamy to insure legitimate heirs, and to
limit their number to the actual progeny of the married
pair. A knowledge of the paternity of children had
begun to be realized under the syndyasmian family, from
which the Grecian form was evidently derived, but it
had not attained the requisite degree of certainty because
of the survival of some portion of the ancient jura con-
jitgialia. It explains the new usage which made its ap-

pearance in the Upper Status of barbarism namely, the

;

seclusion of wives. An implication to this effect arises

from the circumstance that a necessity for the seclusion
of the wife must have existed at the time, and which
seems to have been so formidable that the plan of domes-
tic life among the civilized Greeks was, in reality, a

system of female confinement and restraint. Although

the particulars cited relate more especially to the family
among the prosperous classes, the spirit it evinces was
doubtless general.
Turning next to the Roman family, the condition of
woman is more favorable, but her subordination the same.
She was treated with respect in Rome as in Athens,
but in the Roman family her influence and authority were
greater. As mater familias she was mistress of the fam-
ily. She went into the streets freely without restraint on
the part of her husband, and frequented with the men the
theaters and festive banquets. In the house she was not
confined to particular apartments, neither was she ex-
cluded from the table of the men. The absence of the
worst restrictions placed upon Grecian females was favor-
able to the growth of a sense of personal dignity and of
independence among Roman women. Plutarch remarks
that after the peace with the Sabines, effected through the
intervention of the Sabine women, many honorable privi-
leges were conferred upon them; the men were to give
them the way when they met on the street they were not
;

to utter a vulgar word in the presence of females, nor

 SOCttiTt

1
'appear nude before them. Marriage, however, placed
the wife in the power of her husband (in manum viri) ;
the notion that she must remain under power following,
by an apparent necessity, her emancipation by her mar-
riage from paternal power. The husband treated his wife
as his daughter, and not as his equal. Moreover, he had
the power of correction, and of life and death in case of
adultery; but the exercise of this last power seems to
have been subject to the concurrence of the council of
tyer gens.
Unlike other people, the Romans possessed three forms
of marriage. All alike placed the wife in the hand of her
husband, and recognized as the chief end of marriage
the procreation of children in lawful wedlock (libcrorunt
3
querendorum causa). These forms (confarreatio,
coemptio, and usns) lasted through the Republic, but fell
out under the Empire, when a fourth form, the free mar-
riage, was generally adopted, because it did not place the
wife in the power of her husband. Divorce, from the
earliest period,was at the option of the parties, a charac-
teristicof the syndyasmian family, and transmitted prob-
ably from that source. They rarely occurred, however,
until near the close of the Republic.'
Thelicentiousness which prevailed in Grecian and
Roman cities at the height of civilization has
generally
been regarded as a lapse from a higher and purer condi-
tion of virtue and morality. But the fact is capable of a

i "Vit. Rom.," c. 20.

a Quinctilian.
3 With reaped to. the conjugal fidelity of Roman women.
Becker remarks "that in the earlier times excesses on either
side seldom occurred/' which must be set down as a mere conr
Jecture; but "when morals began to deteriorate, we first meet
with great lapses from this fidelity, and men and women out-
bid each other in wanton indulgence. The original modesty of
the women became gradually more rare, while luxury and ex-
travagance waxed stronger, and of many women it could be
said, as Clitipho complained of his Bacchis, (Ter., "Heaut.," ii.
1. 16), "Mea est petax, procax, magnifica, sumptuosa, nobills."
Many Roman ladies, to compensate for the neglect of their
husbands, had a lover of their own, who, under the pretense of
being the procurator of the lady, accompanied her at ail times.
As a natural consequence of this, celibacy continually in-
creased amongst the men, and there was the greatest levity
respecting divorces." Qallus, "Excursus," I. p. ff>5. Longman's
d., Metcalfs trans.
 THE MONOGAMIAN FAMILY 487

different, or at least of a modified explanation. They

j had never attained to a pure morality in the intercourse
of the sexes from which to decline. Repressed or mod-
'

erated in the midst of war and strife endangering the

national existence, the license revived with peace and
prosperity, because the moral elements of society had not
risen against it for its extirpation. This licentiousness
was, in all probability, the remains of an ancient conjugal
system, never fully eradicated, which had followed down
from barbarism as a social taint, and now expressed its
excesses in the new channel of hetaerism. If the Greeks
and Romans had learned to respect the equities of mo-
nogamy, instead of secluding their wives in the gynae-
conitis in one case, and of holding them under power in
the other, there is reason to believe that society among
them would have presented a very different aspect. Since
neither one nor the other had developed any higher moral-
ity, they had but little occasion to mourn over a decay
of public morals. The substance of the explanation lies
.in the fact that neither recognized in its integrity the
principle of monogamy, which alone was able to place
their respective societies upon a moral basis. The pre-
mature destruction of the ethnic life of these remarkable
races is due in no small measure to their failure to de-
velop and utilize the mental, moral and conservative
forces of the female intellect, which were not less essen-
tial than their own
corresponding forces to their progress
and preservation. After a long protracted experience in
barbarism, during which they won the remaining ele-
ments of civilization, they perished politically, at the end
of a brief career, seemingly from the exhilaration of the
new they had created,
life

Among the Hebrews, whilst the patriarchal family in

the early period was common with the chiefs, the mo-
nogamian, into which the patriarchal soon subsided, was
common among the people. But with respect to the
constitution of the latter, and the relations of husband
and wife in the family, the details are scanty.
Without seeking to multiply illustrations, it is plain
that the monogamian family had grown into the form in
488 ANCIENT SOCIETY

which it appeared, at the commencement of the historical

period, from a lower type; and that during the classical
period it advanced sensibly, though without attaining its
highest form. It evidently sprang from a previous syndy-
asmian family as its immediate germ and while improv-
;

ing with human progress it fell short of

its true ideal in
the classical period. Its highest known perfection, at
least, was not attained until modern times. The portrait-
ure of society in the Upper Status of barbarism by the
early writers implies the general practice of monogamy,
but with attending circumstances indicating that it was
the monogamian family of the future struggling into
existence under adverse influences, feeble in vitality,
rights and immunities, and still environed with the re-
mains of an ancient conjugal system.
As the Malayan system expressed the relationships that
existed in the consanguine family, and as the Turanian
expressed those which existed in the punaluan, so the
Aryan expressed those which existed in the monogamian ;

each family resting upon a different and distinct form

of marriage.
It cannot be shown absolutely, in the present state of
our knowledge, that the Aryan, Semitic and Uralian
families of mankind formerly possessed the Turanian
system of consanguinity, and that it fell into desuetude
under monogamy. Such, however, would be the pre-
sumption from the body of ascertained facts. All the
evidence points in this direction so decisively as to ex-
clude any other hypothesis. Firstly. The organization
into gentes had a natural origin in the punaluan family,
where a group of sisters married to each other's hus-
bands furnished, with their children and descendants in
the female line, the exact circumscription as well as the
body of a gens in its archaic form. The principal
branches of the Aryan family were organized in gentes
when first known historically, sustaining the inference

that, when one undivided people, they were thus organ-

ized. From this fact the further presumptio.. arises that
they derived the organization through a remote ancestry
who lived in that same punaluan condition which gave
 THE MONOGAMIAN FAMILY 488

birth to this remarkable and wide-spread institution.

Besides the Turanian system of consanguinity is still
this,
found connected with the gens in its archaic form among
the American aborigines. This natural connection would
remain unbroken until a change of social condition occur-
red, such as monogamy would produce, having power
to work its overthrow. Secondly. In the Aryan system
of consanguinity there is some evidence pointing to the
same conclusion. It may well be supposed that a large
portion of the nomenclature of the Turanian system
would fall out under monogamy, if this system had previ-
ously prevailed among the Aryan nations. The applica-
tion of its terms to categories of persons, whose relation-
ships would now be discriminated from each other, would
compel their abandonment. It is impossible to explain
the impoverished condition of the original nomenclature
of the Aryan system except on this hypothesis. All there
was of it common to the several Aryan dialects are the
terms for father and mother, brother and sister, and son
and daughter; and a common term (San., naptar; Lat.,
nepos; Gr., anepsios;) applied indiscriminately to nephew,
grandson, and cousin. They could never have attained
to the advanced condition implied by monogamy with
such a scanty nomenclature of blood relationships. But
with a previous system, analogous to the Turanian, this
impoverishment can be explained. The terms for brother
and sister were now in the abstract, and new creations,
because these relationships under the Turanian system
were conceived universally as elder and younger and the ;

several terms were applied to categories of persons, in-

cluding persons not own brothers and sisters. In the
Aryan system this distinction is laid aside, and for the
first time these relationships were conceived in the ab-
stract. Under monogamy the old terms were inapplica-
ble because they were applied to collaterals. Remains of
a prior Turanian system, however, still appear in the
system of the Uralian family, as among the Hungarians,
where brothers and sisters are classified into elder and
vounger by special terms. In French, also, besides frbrc,
and soeur, we find ainc, elder brother, punt and cadet.
490 ANCIENT

younger brother, and alnee and cadette, elder and younger

sister. So also in Sanskrit we find agrajar, and amujar,
and agrajri, and amujri for the same relationships; but
whether the latter are from Sanskrit or aboriginal
sources, I am unable to state. In the Aryan dialects the
terms for brother and sister are the same words dialect-
ically changed, the Greek having substituted adelphos for
phraler. If common terms once existed in these dialects
for elder and younger brother and sister, their previous
application to categories of persons would render them
inapplicable, as an exclusive distinction, to own brothers
and sisters. The falling out from the Aryan system of
this striking and beautiful feature of the Turanian
requires a strong motive for its occurrence, which the
previous existence and abandonment of the Turanian
system would explain. It would be difficult to find any
other. It is not supposable that the Aryan nations were
without a term for grandfather in the original speech, a
relationship recognized universally among savage and
barbarous tribes; and yet there is no common term for
this relationship in the Aryan dialects. In Sanskrit we
have pitameha, in Greek pappos, in Latin avus, in Russian
djedf in Welsh Jicudad, which last is a compound like the
German gross* adcr and the English grandfather. These
terms are radically different. But with a term under a
previous system, which was applied not only to the
grandfather proper, his brothers, and his several male
cousins, but also to the brothers and several male cousins
of his grandmother, it could not be made to signify a
lineal grandfather and progenitor under monogamy. Its
abandonment would be apt to occur in course of time.
The absence of a term for this relationship in the original
speech seems to find in this manner a sufficient explana-
tion. Lastly. There is no term for uncle and aunt in the
abstract, and no special terms for uncle and aunt on the
father's side and on the mother's side running through
the Aryan dialects. We find pitroya, patros, and patruus
for paternal uncle in Sanskrit, Greek, and Latin stryc in
;

Slavonic for the same, and a common term, earn, oom t

and oheim in Anglo-Saxon, Belgian, and German, and

 MONOQAMIAN FAMILY 4^
none in the Celtic. It is equally inconceivable th**t there
was no term in the original Aryan speech Tor maternal
uncle, a relationship made so conspicuous by the gens
among barbarous tribes. If their previous system was
Turanian, there was necessarily a term for this uncle,
but restricted to the own brothers of the mother, and to
her several male cousins. Its application to such a
number of persons in a category, many of whom could
not be uncles under monogamy, would, for the reasons
stated, compel its abandonment. It is evident that a
previous system of some kind must have given place to
the Aryan.
Assuming that the nations of the Aryan, Semitic and
Uralian families formerly possessed the Turaniin system
of consanguinity, the transition from it to a descriptive
^vstem was simple and natural, after the old system,
through monogamy, had become untrue to descents as
they would then exist. Every relationship under mo-
nogamy is specific. The new system, formed under such
circumstances, would describe the persons by means of
the primary terms or a combination of them as brother's
:

son for nephew, father's brother for uncle, and father's

brother's son for cousin. Such was the original of the
present system of the Aryan, Semitic and Uralian fam-
ilies. The generalizations they now contain were of later

introduction. All the tribes possessing the Turanian

system describe their kindred by the same formula, when
asked in what manner one person was related to another.
A descriptive system precisely like the Aryan always
existed both with the Turanian and the Malayan, not as
a svstem of consanguinity, for they had a permanent
system, but as a means of tracing relationships. It is

plain from the impoverished conditions of their nomen-

clatures that the Aryan, Semitic and Uralian nations
must have rejected a prior system of consanguinity of
some kind. The conclusion, therefore, is reasonable that
when the monogamian family became generally estab-
lished these nations fell back upon the old descriptive
form, always in use under the Turanian system, and
allowed the previous one to die out as useless and untrue
4M ANCIENT SOCIETY

to descents. This would be the natural and obvious mode

of transition from the Turanian into the Aryan system ;
and it explains, in a satisfactory manner, the origin as
well as peculiar character of the latter.
In order to complete the exposition of the monogam-
ian family in its relations to the Aryan system of con-
sanguinity, it will be necessary to
present this system
somewhat in detail, as has been done in the two previous
cases.
A comparison of its forms in the several Aryan dialects
shows that the original of the present system was purely
1
descriptive. The Erse, which is the typical Aryan form,
and the Esthonian, which is the typical Uralian, arc still
descriptive. In the Erse the only terms for the blood
relationships are the primary, namely, those for father
and mother, brother and sister, and son and daughter.
All the remaining kindred are described by means of
these terms, but commencing in the reverse order: thus
brother, son of brother, and son of son of brother. The
Aryan system exhibits the actual relationships under
monogamy, and assumes that the paternity of children is
known.
In course of time a method of description, materially
different from the Celtic, was engrafted upon the new
system but ;without changing its radical features. It
was introduced by the Roman civilians to perfect the
framework of a code of descents, to the necessity for
which we are indebted for its existence. Their improved
method has been adopted by the several Aryan nations
among whom the Roman influence extended. The Slav-
onic system has some features entirely peculiar and
2
evidently of Turanian origin. To obtain a knowledge
historically of our present system it is necessary to resort
to the Roman, as perfected by the civilians. 8 The addi-
tions were slight, but they chaneed the method of describ-
ing kindred. They consisted chiefly, as elsewhere stated,

i "Systems of Consanguinity," Table 1. p. 79.

t "Systems of Consanguinity," etc., p. 40.
t "Pandects," lib. xx'vlli, tit. x. and "Institutes" of Justinian,
lib. ill, tit. vl.
 THE MONOGAMIAN FAMILY 498

in distinguishing the relationships of uncle and aunt on

the father's side from those on the mother's side, with
the invention of terms to express these relationships in
the concrete and in creating a term for grandfather to
;

be used as the correlative of nepos. With these terms

and the primary, in connection with suitable augments,
they were enabled to systematize the relationships in the
lineal and in the first five collateral lines, which included
the body of the kindred of every individual. The Roman
is the most perfect and scientific
system of consanguin-
ity under monogamy which has yet appeared and it has
;

been made more attractive by the invention of an unusual

number of terms to express the marriage relationships.
From it we may learn our own system, which has adopted
its improvements, better than from the Anglo-Saxon or
Celtic. In a table, at the end of this chapter, the Latin
and Arabic forms are placed side by side, as representa-
tives, respectively, of the Aryan and Semitic systems.
The Arabic seems to have passed through processes
similar to the Roman, and with similar results. The
Roman only will be explained.
From Ego to tritavus, in the lineal line, are six genera-
tions of ascendants, and from the same to trinepos are
the same number of descendants, in the description of
which but four radical terms are used. If it were desir-
able to ascend above the sixth ancestor, tritavus would
become a new starting-point of description thus, tritavi
;

pater, the father of tritavus. and so upward to tritavi

tritavus, who is the twelfth ancestor of Ego in the lineal
right line, male. In our rude nomenclature the phrase
grandfather's grandfather must be repeated six times to
express the same relationship, or rather to describe the
same person. In like manner trinepotis trinepos carries
us to the twelfth descendant of Ego in the right lineal
male line.
The first collateral line, male, which commences with

brother, frater, runs as follows: Fratris filius, son of

brother, fratris nepos, grandson of brother, fratris prone-
post greatgrandson of brother, and on to fratris trinepos,
the great-grandson of the great-grandson of the brother
404 ANCIENT SOCIETY

of Ego. If it were necessary to extend the description

to the twelfth descendant, fratris trinepos would become
a second starting-point, from which we should have
fratris trinepotis trinepos, as the end of the series. By
this simple method frater is made the root of descent in
this line, and every person belonging to it is referred to
him by the force of this term in the description and we
;

know at once that each person thus described belongs to

the first collateral line, male. It is therefore specific and
complete. In like manner, the same line, female, com-
mences with sister, soror, giving for the series, sororis
fiRa, sister's daughter, sororis neptis, sister's grand-
daughter, sororis proncptis, sister's great-granddaughter,
and on to sororis trineptis, her sixth descendant, and to
sororis trineptis trineptis, her twelfth descendant. While
the two branches of the first collateral line originate, in
strictness, in the father, pater, the common bond of con-
nection between them, yet, by making the brother and
sister the root of descent in the description, not only the
line but its two branches are maintained distinct, and the
relationship of each person to Ego is specialized. This
is one of the chief excellences of the system, for it is
carried into all the lines, as a purely scientific method
of distinguishing and describing kindred.
The second collateral line, male, on the father's side,
commences with father's brother, patruus, and is com-
posed of him and his descendants. Each person, by the
terms used to describe him, is referred with entire pre-
cision to his proper position in the line, and his relation-
ship is indicated specifically; thus, patrui filius, son of
paternal uncle, patrui nepos, grandson of, and patrui
pronepos, great-grandson of paternal uncle, and on to
patrui trinepos, the sixth descendant of patruus. If it
became necessary to extend this line to the twelfth gen-
eration we should have, after passing through the inter-
mediate degrees, patrui trinepotis trinepos, who is the
great-grandson of the great-grandson of patrui trinepos,
the great-grandson of the great-grandson of patruus. It
will be observed that the term for cousin is rejected in
the formal method used in the Pandects. He is described
 THE MONOOAMIAN FAMILY 495

as patrui filius, but Jie was also called a brother patrual,

frater patruelis, and among the people at large by the
common term consobrinus, from which our term cousin
is derived/ The second collateral line, female, on the
father's side, commences with father's sister, amita, pater-
nal aunt; and her descendants are described according to
the same general plan thus, amitae filia, paternal aunt's
;

daughter, amitae neptis, paternal aunt's granddaughter,

and on to amitae trineptis, and to amitae trineptis trin-
eptis. In this branch of the line the special term for this
cousin, amitina, is also set aside for the descriptive phrase
amitae filia.

In like manner the third collateral line, male, on the

father's side commences with grandfather's brother, who
is styled patruus magnus, or great paternal uncle. At
this point in the nomenclature, special terms fail, and
compounds are resorted to, although the relationship it-
self is in the concrete. It is evident that this relation-

ship was not discriminated until a comparatively modern

period. No existing language, so far as the inquiry has
been extended, possesses an original term for this rela-
tionship, although without it this line cannot be described
except by the Celtic method. If he were called simply
grandfather's brother the phrase would describe a person,
leaving the relationship to implication but if he is styled
;

a great-uncle, it expresses a relationship in the concrete.

With the first person in this branch of the line thus made
definite, all of his descendants are referred to him, by the
form of the description, as the root of descent and the ;

line, the side, the particular branch, and the degree of

the relationship of each person are at once fully ex-
pressed* This line also may be extended to the twelfth
descendant, which would give for the series patrui magni
filius, son of the paternal great-uncle, patrui magni nepos,
and on lo patrui magni trinepos, and ending with patrui

i lUm fratrei patrueles, sorores patrueles, id eat qul qu-ve

ex duobua fratrfbuB progenerantur; item consobrlni coaao-
brinA, id eit qui qu-veex duobua sororibus nascuntur (quasi
coftsorinl); item amltlni amitina, id ett qui qu-ve ex fratre
r orore propagantur; aed fere vulffoe iatoa onmea oqmmuni
appellation* contobrinua vocat. "Pand,," lib. xxxviii, tit, &
406 ANCIENT SOCIETY

magni trinepotis trinepos. The same line, female, com-

mences with grandfather's sister, amita magna, great
paternal aunt; and her descendants are similarly de-
scribed.
The fourth and fifth collateral lines, male, on the
father's side, commence, respectively, with great-grand-
father's brother, who is styled patruus major, greater pa-
ternal uncle, and with great-great-grandfather's brother,
patruus maximus, greatest paternal uncle. In extending
the series we have in the fourth patrui majoris filius, and
on to patrui majoris trinepos; and in the fifth patrui
maximi and on to patrui maximi trinepos. The
filius,
female branchescommence, respectively, with amita
major, greater, and amita maxima, greatest paternal
aunt; and the description of persons in each follows in
the same order.
Thus far the lines have been on the father's side only.
The necessity for independent terms for uncle and aunt
on the mother's side to complete the Roman method of
description is now apparent the relatives on the mother's
;

side being equally numerous, and entirely distinct. These

terms were found in arunculus, maternal uncle, and
matertera, maternal aunt. In describing the relatives on
the mother's side, the lineal female line is substituted for
the male, but the first collateral line remains the same. In
the second collateral line, male, on the mother's side, we
have for the series arunculus, maternal uncle, avunculi
filius, arunculi nepos, and on to awnculi trinepos, and

ending with arunculi trinepotis trinepos. In the female

branch, matertera, maternal aunt, matertera filia, and on
as before. The third collateral line, male and female,
commence, respectively, with arunculus magnus, and ma-
tertera magna, great maternal uncle and aunt the fourth;

with arunculus major, and matertera major, greater ma-

ternal uncle, and aunt and the fifth with arunculus maxi-
;

musf and matertera maxima, greatest maternal uncle, and

aunt. The descriptions of persons in each line and branch
are in form corresponding with those previously given.
Since the first five collateral lines embrace as wide a
circle of kindred as it was necessary to include for the
 THE MONOOAMIAN FAMILY 497

practical objects of a code of descents, the ordinary for-

mula of the Roman civilians did not extend beyond this
number.
In terms for the marriage relationships, the Latin lan-
guage is remarkably opulent, whilst our mother English
betrays its poverty by the use of such unseemly phrases
as father-in-law, son-in-law, brother-in-law, step-father,
and step-son, to express some twenty very common, and
very near relationships, nearly all of which are provided
with special terms in the Latin nomenclature.
It will not be necessary to pursue further the details
of the Roman system of consanguinity. The principal and
most important of its features have been presented, and
in a manner sufficiently special to render the whole in-
telligible. For simplicity of method, felicity of descrip-
tion, distinctness of arrangement by lines and branches,
and beauty of nomenclature, it is incomparable. It stands
in its method pre-eminently at the head of all the systems
of relationship ever perfected by man, and furnishes one
of many illustrations that to whatever the Roman mind
had occasion to give organic form, it placed once for all
upon a solid foundation.
No reference has been made to the details of the Arabic
system but, as the two forms are given in the Table, the
;

explanation made of one will suffice for the other, to

which it isequally applicable.
With additional special terms, and its perfected
its

method, consanguinei are assumed to be connected, in

virtue of their descent, through married pairs, from com-
mon ancestors. They arrange themselves in a lineal and
several collateral lines; and the latter are perpetually
divergent from the former. These are necessary conse-
quences of monogamy. The relationship of each person
to the central Ego is accurately defined and, except as
to those who stand in an identical relationship, is kept
distinct from every other by means of a special term or
descriptive phrase. It also implies the certainty of the

parentage of every individual, which monogamy alone

could assure. Moreover, it describes the relationships in
the monogamian family as they actually exist. Nothing
498 ANCIENT SOCIETY

can be plainer than that this form of marriage made

this form of the family, and that the latter created this
system of consanguinity. The three are necessary parts
of a whole where the descriptive system is exclusive.
What we know by direct observation to be true with
respect to the monogamian family, its law of marriage
and its systepi of consanguinity, has been shown to be
equally true with respect to the punaluan family, its law
of marriage and its system of consanguinity; and not
less so of the consanguine family, its form of marriage
and its system of consanguinity. Any of these three
parts .being given, the existence of the other two with
it, at some one time, may be deduced with certainty. If
any difference could be made in favor of the superior
materiality of any one of the three, the preference would
belong to systems of consanguinity. They have crystal-
lized the evidence declaring the marriage law and the
form of the family in the relationship of every individual
person ; thus preserving not only the highest evidence of
the fact, but as many concurring declarations thereto as
there are members united by the bond of consanguinity.
It furnishes a test of the high rank of a domestic institu-

tion, which must be supposed incapable of design to

pervert the truth, and which, therefore, may be trusted
implicitly as to whatever it necessarily teaches. Finally-
it is with respect to systems of consanguinity that out

information ismost complete.

The five successiveforms of the family, mentioned a*
the outset, have now been presented and explained, with
such evidence of their existence, and such particular*
of their structure as our present knowledge furnishes.
Although the treatment of each has been general, it ha*
touched the essential facts and attributes, and established
the main proposition, that the family commenced in the
consanguine, and grew, through successive stages of
development, into the monogamian. There is nothing
in this general conclusion which might not have been
anticipated from A priori considerations but the difficul-
;

ties and the hindrances which obstructed its growth are

seen to have been far greater than would have been sup-
 THE MONOGAMIAN FAMILY 499

posed. As a growth with

the ages of time, it has shared
in all human experience, and now
the vicissitudes of
reveals more expressively, perhaps, than any other in-
stitution, the graduated scale of human progress from
the abyss of primitive savagery, through barbarism, to
civilization. It brings us near to the daily life of the
human family in the different epochs of its progressive
development, indicating, in some measure, its hardships,
its struggles and also its victories, when different periods
are contrasted. \Ye should value the great institution of
the family, as it now exists, in some proportion to the
expenditure of time and of intelligence in its production ;

and receive it as the richest legacy transmitted to us by

ancient society, because it embodies and records the
highest results of its varied and prolonged experience.
When the fact is accepted that the family has passed
through four successive forms, and is now in a fifth,
the question at once arises whether this form can be$
permanent in the future. The only answer that can be;'
given is, that it must advance as society advances, and;
change as society changes, even as it has done in the
past. It is the creature of the social system, and will
reflect its culture. As the monogamian family has im-
proved greatly since the commencement of civilization,
and very sensibly in modern times, it is at least suppos-
able that it is capable of still further improvement until
the equality of the sexes is attained. Should the mon-
ogamian family in the distant future fail to answer the
requirements of society, assuming the continuous prog-
ress of civilization, it is impossible to predict the nature
T)f its successor.
600 ANCIENT SOCIETY

4
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 THE MONOGAMIAN FAMILY 601

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502 ANCIENT SOCIETY
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 THE MONOQAMIAN FAMILY 60S
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604 ANCIENT SOCIETY

* *
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II

ml a.
 CHAPTER VI

SEQUENCE OF INSTITUTIONS CONNECTED WITH THE FAMILY

It remains to place in their relations the customs and

institutions which have contributed to the growth of the
family through successive forms. Their articulation in
a sequence is in part hypothetical; but there is an in-
timate and undoubted connection between them.
This sequence embodies the principal social and domes-
tic institutions which have influenced the growth of the
1
family from the consanguine to the monogamian. They
are to be understood as originating in the several
branches of the human family substantially in the order
named, and as existing generally in these branches while
in the corresponding status.
First Stage of Sequence.
I. Promiscuous Intercourse.
II. Intermarriage of Brothers and Sisters, own and
collateral, in a Group: Giving,
III. The Consanguine Family. (First Stage of the
Family): Giving,
IV, The Malayan System of Consanguinity and Affin-
ity.
Second Stage of Sequence.
V. The Organisation upon the basis of Sex, and the
Punaluan Custom, tending to check the inter-
marriage of brothers and sisters: Giving,
VI. The Punaluan Family. (Second Stage of the Fam-
ily) :
Giving,

i It is a revision of the sequence presented in "Systems of

Consanguinity," etc., p. 480.
605
606 ANCIENT SOCIETY

VII. The Organization into Gentes, which excluded

brothers and sisters from the marriage relation:
Giving,
VIII. The Turanian and Ganow&nian System of Consan-
guinity and Affinity.
Third Stage of Sequence.
IX. Increasing Influence of Gentile Organisation and
improvement in the arts of life, advancing a
portion of mankind into the Lower Status of
barbarism: Giving,
X. Marriage between Single Pairs, but ivithout an
exclusive cohabitation :
Giiing,
XL The Syndyasmian Family. (Third Stage of the
Family.)
Fourth Stage of Sequence.
XII. Pastoral life on the plains in limited areas: Giv-
ing*
XIII. The ^Patriarchal Family. (Fourth, but exceptional
Stage of the Family.)
Fifth Stage of Sequence.
XIV. Rise of Property, and settlement of lineal succes-
sion to estates: Giving,
XV. The Monogamian Family. (Fifth Stage of the
Family) Giving,
:

XVI. The Aryan, Semitic and Uralian system of Con-

sanguinity and Affinity; and causing the over-
throw of the Turanian.
A few observations upon the foregoing sequence of
customs and institutions, for the purpose of tracing their
connection and relations, will close this discussion of the
growth of the family.
Like the successive geological formations, the tribes of
mankind may be arranged, according to their relative
conditions, into successive strata. When thus arranged,
they reveal with some degree of certainty the entire
range of human progress from savagery to civilization.
A thorough study of each successive stratum will devel-
op whatever is special in its culture and characteristics,
and yield a definite conception of the whole, in their dif-
ferences and in their relations. When this has been ac-
 SEQUENCE OP INSTITUTIONS 50',

complished, the successive stages of human progress will

be definitely understood. Time has been an important
factor in the formation of these strata; and it must be
measured out to each ethnical period in no stinted meas-
ure. Each period anterior to civilization necessarily
represents many thousandsof years.
Promiscuous Intercourse. This expresses the lowest
conceivable stage of savagery it represents the bottom
of the scale. Man in this condition could scarcely be
distinguished from the mute animals by whom he was
surrounded. Ignorant of marriage, and living probably
in a horde, he was not only a savage, but possessed a
feeble intellect and a feebler moral sense. His hope of
elevation rested in the vigor of his passions, for he seems
always to have been courageous; in the possession of
hands physically liberated, and in the improvable char-
acter of his nascent mental and moral powers. In cor-
roboration of this view, the lessening volume of the
skull and its increasing animal characteristics, as we
recede from civilized to savage man, deliver some testi-
mony concerning the necessary inferiority oi primitive
man. Were it possible to reach this earliest representa-
tive of the species, we must descend very far below the
lowest savage now living upon the earth. The ruder
flint implements found over parts of the earth's surface,
and not used by existing savages, attest the extreme
rudeness of his condition after he had emerged from his
primitive habitat, and commenced, as a fisherman, his
v
spread over continental areas. It is with respec o this
primitive savage, and with respect to him alone, .uac pro-
miscuity may be inferred.
It will be asked whether any evidence exists of this
antecedent condition. As an answer, it may be remarked
that the consanguine family and the Malayan system of
consanguinity presuppose antecedent promiscuity. It
was limited, not unlikely, to the period when mankind
were frugivorous and within their primitive habitat, since
its continuance would have been improbable after they
became fishermen and commenced their spread over the
earth in dependence upon food artificially acquired.
508 ANCIENT SOCIETY

Consanguine groups would then form, with intermaf*

riage in the group as a necessity, resulting in the forma-
tion of consanguine families. At all events, the oldest
form of society which meets us in the past through
deduction from systems of consanguinity is this family.
It would be in the nature of a compact on the part of
several males for the joint subsistence of the group, and
for the defense of their common wives against the
violence of society. In the second place, the consan-
guine family is stamped with the marks of this supposed
antecedent state. It recognized promiscuity within de-
fined limits, and those not the narrowest, and it points
through its organism to a worse condition against which
it interposed a shield. Between the consanguine family
and the horde living in promiscuity, the step, though a
long one, does not require an intermediate condition. If
such existed, no known trace of it remains. The solution
of this question, however, is not material. It is sufficient,
for the present at least, to have gained the definite start-
ing-point far down in savagery marked out by the con-
sanguine family, which carries back our knowledge of
the early condition of mankind well toward the primitive
period.
There were and even of barbarians
tribes of savages
known and Romans who are represented
to the Greeks
as living in promiscuity. Among them were the Auseans
1
of North Africa, mentioned by Herodotus, the Gara-
mantes of ^Ethiopia, mentioned by Pliny,* and the Celts
of I-* 1 id, mentioned by Strabo. 8 The latter repeats a
-,

4
sim a .atement concerning the Arabs. It is not prob-
able that aii; people within the time of recorded human
observation h*tve lived in a state of promiscuous inter-
course like the gregarious animals. The perpetuation of
such a people from the infancy of mankind would evi-
dently have been impossible. The cases cited, and many
others that might be added, are better explained as aris-

i Lib. lv, c. 180.

Garamantea matrimonium exsortes
lib. v. c.
palm cum famines
d**unt.-"Nat. Hist./' 8.
3 Lab. iv. c. 5, par. 4.
4 Lib. xvl, c. 4, par. 25.
 SEQUENCE OF INSTITUTIONS 5QQ

ing under the punaluan family, which, to the foreign ob-

server, with limited means of observation, would afford
the external indications named by these authors. Promis-
cuity may be. deduced theoretically as a necessary condi-
tion antecedent to the consanguine family; but it lies
concealed in the misty antiquity of mankind beyond the
reach of positive knowledge.
II. Intermarriage of Brothers and Sisters, oum and
collateral, in a Group. In this form of marriage the
family had its birth. It is the root of the institution. The
Malayan system of consanguinity affords conclusive
evidence of its ancient prevalence. With the ancient
existence of the consanguine family established, the re-
maining forms can be explained as successive deriva-
tions from each other. This form of marriage gives
(III.) the consanguine family and (IV.) the Malayan
system of consanguinity, which disposes of the third and
fourth members of the sequence. This family belongs
to the Lower Status of savagery.
V. The Punaluan Custom. In the Australian male
and female classes united in marriage, punaluan groups
are found. Among the Hawaiians, the same group is
also found, with the marriage custom it expresses. It
has prevailed among the remote ancestors of all the
tribes of mankind who now possess or have possessed
the Turanian system of consanguinity, because they must
have derived it from punaluan ancestors. There is
seemingly no other explanation of the origin of this
system. Attention has been called to the fact that the
punaluan family included the same persons found in the
previous consanguine, with the exception of own broth-
ers and sisters, who were theoretically if not in every
case excluded. It is a fair inference that the punaluan
custom worked its way into general adoption through
a discovery of its beneficial influence. Out of punaluan
marriage came (VI.) the punaluan family, which dis-
poses of the sixth member of the sequence. This family
originated, in the Middle Status of savagery.
probably,
VII. The Organisation into Gentes. The position of
(his institution in the sequence is the only question hers
510 ANCIENT SOCIETY

to be considered. Among the Australian classes, the

punaluan group found on a broad and systematic
is
scale. The people are also organized in gentes. Here
the punaluan family is older than the gens, because it
rested upon the classes which preceded the gentes. The
Australians also have the Turanian system of consan-
guinity, for which the classes laid the foundation by ex-
cluding own brothers and sisters from the punaluan
group united in marriage. They were born members of
classes who could not intermarry. Among the Hawai-
ians, the punaluan family was unable to create the Tu-
ranian system of consanguinity. Own brothers and
sisters were frequently involved in the punaluan group,
which the custom did not prevent, although it tended to
do so. This system requires both the punaluan family
and the gentile organization to bring it into existence.
It follows that the latter came in after and upon the
former. In its relative order it belongs to the Middle
Status of savagery.
VIII. and IX. These have been sufficiently considered.
X. and XI. Marriage between Single Pairs, and the
Syndyasmian Family. After mankind had advanced out
of savagery and entered the Lower Status of barbarism,
their condition was immensely improved. More than
half the battle for civilization was won. A
tendency to
reduce the groups of married persons to smaller propor-
tions must have begun to manifest itself before the close
of savagery, because the syndyasmian family became a
constant phenomenon in the Lower Status of barbarism.
The custom which led the more advanced savage to rec-
ognize one among a number of wives as his principal
wife, ripened in time into the practice of pairing, and in
making this wife a companion and associate in the
maintenance of a family. With the growth of the pro-
pensity to pair came an increased certainty of the patern-
ity of children. But the husband could put away his wife,
and the wife could leave her husband, and each seek a
new mate at pleasure. Moreover, the man did not rec-
ognize, on his part, the obligations of -the marriage tie,
therefore had no right to expect its recognition by
 SEQUENCE OF INSTITUTIONS 511

his wife. The old conjugal system, now reduced to

narrower limits by the gradual disappearance of the
punaluan groups, still environed the advancing family,
which it was to follow to the verge of civilization. Its
reduction to zero was a condition precedent to the in-
troduction of monogamy. It finally disappeared in the
new form of hetaerism, which still follows mankind in
civilization as a dark shadow upon the family. The
contrast between the punaluan and syndyasmian families
was greater than between the latter and the monogamian.
It was subsequent in time to the gens, which was largely
instrumental in its production. That it was a transi-
tional stage of the family between the two is made evident
by its inability to change materially the Turanian system
of consanguinity, which monogamy alone was able to
overthrow. From the Columbia River to the Paraguay,
the Indian family was syndyasmian in general, punaluau
in exceptional areas, and monogamian perhaps in none.
XII. and XIII. Pastoral Life and the Patriarchal Fam-
ily. It has been remarked elsewhere that polygamy was
not the essential feature of this family, which represented
a movement of society to assert the individuality of
persons. Among the Semitic tribes, it was an organi-
zation of servants and slaves under a patriarch for the
care of flocks and herds, for the cultivation of lands,
and for mutual protection and subsistence. Polygamy
was incidental. With a single male head and an ex-
clusive cohabitation, this family was an advance upon
the syndyasmian, and therefore not a retrograde move-
ment. Its influence upon the human race was limited;
but it carries with it a confession of a state of society in

the previous period against which it was designed to

form a barrier.
XIV. Rise of Property and the establishment of lineal
succession to Estates. Independently of the movement
which culminated in the patriarchal family of the Hebrew
and Latin types, property, as it increased in variety and
amount, exercised a steady and constantly augmenting
influence in the direction of monogamy. It is impossible
to overestimate the influence of property in the civily:a-
512 ANCIENT SOCIETY

tion of mankind. It was the power that brought the

Aryan and Semitic nations out of barbarism into civili-
zation. The growth of the idea of property in the
human mind commenced in feebleness and ended in be-
coming its master passion. Governments and laws are
instituted with primary reference to its creation, protec-
tion and enjoyment. It introduced human slavery as
an instrument in its production and, after the experience
;

of several thousand years, it caused the abolition of

slavery upon the discovery that a freeman was a better
property-making machine. The cruelty inherent in the
heart of man, which civilization and Christianity have
softened without eradicating, still betrays the savage
origin of mankind, and in no way more pointedly than
in the practice of human slavery, through all the cen-
turies of recorded history. With the establishment of the
inheritance of property in the children of its owner, came
the first possibility monogamian family. Grad-
of a strict
ually, though slowly, form of marriage, with an
this
exclusive cohabitation, became the rule rather than the
exception; but it was not until civilization had com-
menced that it became permanently established.
XV. The Monogamian Family. As finally constituted,
this family assured the paternity of children, substituted
the individual ownership of real as well as personal prop-
erty for joint ownership, and an exclusive inheritance
by children in the place of agnatic inheritance. Modern
society reposes upon the monogamian family. The
whole previous experience and progress of mankind
culminated and crystallized in this pre-eminent institu-
tion. It was a slow growth, planting its roots far back
in the period of savagery a final result toward which
the experience of the ages steadily tended. Although
essentially modern, it was the product of a vast and
varied experience.
XVI. The Aryan, Semitic and Uralian systems of con-
sanguinity, which are essentially identical, were created
by the monogamian family. Its relationships are those
which actually existed under this form of marriage and
ofthe family. A
system of consanguinity is not an ar-
 SEQUENCE OF INSTITUTIONS 5 '3

bitrary enactment, but a natural growth. It expresses,

and must of necessity express, the actual facts of con-
sanguinity as they appeared to the common mind when
the system was formed. As the Aryan system establishes
the antecedent existence of a monogamian family, so
the Turanian establishes the antecedent existence of a
punaluan family, and the Malayan the antecedent ex-
istence of a consanguine family. The evidence they
contain must be regarded as conclusive, because of its
convincing character in each case. With the existence
established of three kinds of marriage, of three forms of
the family, and of three systems of consanguinity, nine
of the sixteen members of the sequence are sustained.
The existence and relations of the remainder are war-
ranted by sufficient proof.
The views herein presented contravene, as I am aware,
an assumption which has for centuries been generally
accepted. It is the hypothesis of human degradation to
explain the existence of barbarians and of savages, who
were found, physically and mentally, too far below the
conceived standard of a supposed original man. It was
never a scientific proposition supported by facts. It is
refuted by the connected series of inventions and dis-
coveries, by the progressive development of the social
system, and by the successive forms of the family. The
Aryan and Semitic peoples descended from barbarous
ancestors. The question then meets us, how could these
barbarians have attained to the Upper Status of barbar-
ism, in which they first appear, without previously pass-
ing through the experience and acquiring the arts and
development of the Middle Status; and, further than
this, how could they have attained to the Middle Status
without first passing through the experience .of the
Lower. Back of these is the further question, how a
barbarian could exist without a previous savage. This
'hypothesis of degradation leads to another necessity,
namely ; that of regarding all the races of mankind wtth-
otttthe Aryan and Semitic connections as abnormal rates
faces 'fcfften atway by degeneracy from thair iWfeftHal
'

state.'* The Aryan *nd Semitic nations, it is ^true/ftpfe-

514 ANCIENT SOCIETY

sent the main streams of human progress, because they

have carried to the highest point yet attained; but
it

there are good reasons for supposing that before they

became differentiated into Aryan and Semitic tribes, they
formed a part of the indistinguishable mass of barbari-
ans. As these tribes themselves sprang remotely from
barbarous, and still more remotely from savage ances-
tors, the distinction of normal and abnormal races falls
to the ground.
This sequence, moreover, contravenes some of the con-
clusions of that body of eminent scholars who, in their
speculations upon the origin of society, have adopted the
patriarchal family of the. Hebrew and Latin types as the
oldest form of the family, and as producing the earliest
organized society. The human race is thus invested
from its infancy with a knowledge of the family under
paternal power. Among the latest, and holding fore-
most rank among them, is Sir Henry Maine, whose bril-
liant researches in the sources of ancient law, and in the
early history of institutions, have advanced so largely
our knowledge of them. The patriarchal family, it is

true, is the oldest made known to us by ascending along

'

the lines of classical and Semitic authorities but an in-

;

vestigation along these lines is unable to penetrate be-

yond the Upper Status of barbarism, leaving at least four
entire ethnical periods untouched, and their connection
unrecognized. It must be admitted, however, that the
facts with respect to the early condition of mankind have
been but recently produced, and that judicious investi-
gators are justly careful about surrendering old doctrines
lor new.
Unfortunately for the hypothesis of degradation, in-
ventions and discoveries would come one by one; the
knowledge of a cord must precede the bow and arrow,
as the knowledge of gunpowder preceded the musket,
and that of the steam-engine preceded the railway and
the steamship; so the arts of subsistence followed each
other at long intervals of time, and human tools passed
through forms of flint and stone before they were formed
of iron. In like manner institutions of government are
 SEQUENCE OF INSTITUTIONS 515

a growth from primitive germs of thought. Growth,

development and transmission, must explain their exist-
ence among civilized nations. Not less clearly was the
monogamian family derived, by experience, through the
-syndyasmian from the putialuan, and the still more an-
cient consanguine family. If, finally, we are obliged to
surrender the antiquity of the monogamian family, we
gain a knowledge of its derivation, which is of more im-
portance, because it reveals the price at which it was
obtained.
The antiquity of mankind upon the earth is now estab-
lished by a body of evidence convince unprej-
sufficient to
udiced minds. The existence of the race goes back defi-
nitely to the glacial period in Europe, and even back of
it into the anterior
period. We
are now compelled to
recognize the prolonged and unmeasured ages of man's
existence. The human mind is naturally and justly curi-
ous to know something of the life of man during the last
hundred thousand or more years, now that we are as-
sured his days have been so long upon the earth. All
this time could not have been spent in vain. His great
and marvelous achievements prove the contrary, as well
as imply the expenditure of long protracted ethnical
periods. The fact that civilization was so recent sug-
gests the difficulties in the way of human progress, and
affords some intimation of the lowness of the level from
xvhich mankind started on their career.
The foregoing sequence may require modification, and
perhaps essential change in some of its members; but it
affords both a rational and a satisfactory explanation of
the facts of human experience, so far as they are known,
and of the course of human progress, in developing the
ideas of the family and of government in the tribes of
mankind.
 NOTE.

Mr. J. F. McLennan's "Primitive Marriage."

As these pages are passing through the press, I have ob-

tained an enlarged edition of the above?named work. It is
a reprint of the original, with several Essays appended; and
is now styled "Studies in Ancient History Comprising a Re-
print of Primitive Marriage."
In one of these Essays, entitled "The Classificatory System
of Relationships/' Mr. McLennan devotes one section (41
pages) to an attempted refutation of my explanation of the
origin of the classificatory system; and another (36 pages)
to an explanation of his own of the origin of the same sys-
tem. The hypothesis first referred to is contained in my
work on the "Systems of Consanguinity and Affinity of the
Human Family" (pp. 479-486). The facts and their explana-
tion are the same, substantially, as those presented in preced-
ing chapters of this volume (Chaps. II, and III, Part III).
"Primitive Marriage" was first published in 1865, and "Sys-
tems of Consanguinity," etc., in 1871.
ffaving collected the facts which established the existence
of the classificatory
system of consanguinity, I ventured to
submit, with the Tables, an hypothesis explanatory of its
origin. That hypotheses are useful, and often indispensable
to the attainment of truth, will not be questioned. The val-
idity of the solution presented in that work, and repeated in
this, will depend upon its sufficiency in explaining all the facts
of the case. Until it is superseded by one better entitled to
acceptance on this ground, its position in my work is legit-
tafttfe/amj in accordance with the method of scientific inquiry.
Mr. McLennan has criticised this hypothesis with great
freedom. His conclusion is stated generally as follows
(Studies, etc., p. 871) "The space I have devoted to the con-
:

sideration of the solution may seem disproportioned to its

importance; but issuing from the press of the Smithsonian
Institution, and its preparation having been aided by the
United States Government, Mr. Morgans work has been very
generally quoted as a work of authority, and it seemed worth
MS
 OF INSTITUTIONS jlf

while to take the trouble necessary to show its utterly un-

scientific character." Not the hypothesis alone, but the entire
work is covered by the charge.
That work contains 187 pages of "Tables of Consanguinity
and Affinity," exhibiting the systems of 139 Bribes and nations
of mankind representing four-fifths, numerically, of the entire
human family. It -is singular that the bare facts of consan-
guinity and affinity expressed by terms of relationship, even
when placed in tabular form, should possess an "uttefrly un-
scientific character." The body of the work is taken up with
the dry details of these several systems. There remains a
final chapter, consisting of 43 out of 590 pages, devoted to a
comparison of these several systems of consanguinity, in
which this solution or hypothesis appears. It was the first
discussion of a large mass of new material, and had Mr.
McLennan's charge been limited to this chapter, there would
have been little need of a discussion here. But he has di-
rected his main attack against the Tables; denying that the
systems they exhibit are systems of consanguinity and affin-
1
ity, thus going to the bottom of the subject.
Mr. McLennan's position finds an explanation in the fact,
that as systems of consanguinity and affinity they antagon-
ize and refute the principal opinions and the principal theo-
ries propounded in "Primitive Marriage." The author of
"Primitive Marriage" would be expected to stand by his pre-
conceived opinions.
As systems of consanguinity, for example: (1.) They show
that Mr. McLennan's new terms, "Exogamy and Endogamy"
are of questionable utility that as used in "Primitive Mar-
riage," their positions are reversed, and that "endogamy" h&s
very little application to the facts treated in that work, while
"exogamy" is simply a rule of a gens,. and should be stated
as such. (2.) They refute Mr. McLennan's phrase, "kinship
through females only," by showing that kinship through males
was recognized as constantly as kinship through females by
the same people. (3.) They show that the Nair and Tibetan
polyandry could never have been general in the tribes of man-
kind. (4.) They deny both the necessity and the extent of
"wife stealing" as propounded in "Primitive Marriage."
An examination of the grounds, upon which Mr. McLen-
nan's charge is made, will show not only the failure of his
criticisms but the insufficiency of the theories on which these
criticisms are based. Such an examination leads to results
disastrous to his entire work, as will be made evident by the
discussion of the following propositions, namely:

i "The "Tables/' however, are the "main results" of this In-

vestigation. In tbeir importance and value they reach beyond
any present use of their contents the writer may to able t&
.,-
Indicate." "Systems of Consanguinity," etc., Smithsonian Cott*
trttmtlons to Knowledge, vol. xvtl, p. 8.
518 ANCIENT SOCIETY

I. That the principal terms and theories employed in

"Primitive Marriage" have no value in Ethnology.
II. That Mr. McLennan's hypothesis to account for the
origin of the classificatory system of relationship does not
account for its origin.
HI. That Mr. McLennan's objections to the hypothesis
presented in "Systems of Consanguinity/' etc., are of no force.
These propositions will be considered in the order named.
T|* a * ^ terms and theories employed in
I. ie P r nc ip a
i l

"Primitive Marriage" have no value in Ethnology.

When this work appeared it was received with favor by
ethnologists, because as a speculative treatise it touched a
number of questions upon which they had long been working.
A careful reading, however, disclosed deficiencies in defini-
tions, unwarranted assumptions, crude speculations and erro-
neous conclusions. Mr. Herbert Spencer in his "Principles
of Sociology" (Advance Sheets, Popular Science Monthly,
Jan., 1877, p. 272), has pointed out a number of them. At the
same time he rejects the larger part of Mr. McLennan's the-
ories respecting "Female Infanticide," "Wife Stealing," and
"Exogamy and Endogamy." What he leaves of this worl^
beyond its collocation of certain ethnological facts, it is diffi-
cult to find.
It will be sufficient under this head to consider three points.
1. Mr. McLennan's use of the terms "Exogamy" and "En-
dogamy."
"Exogamy" and "endogamy" terms of his own coinage
imply, respectively, an obligation to "marry out," and an obli-
gation to "marry in," a particular group of persons.
These terms are applied so loosely and so imprecisely by
Mr. McLennan to the organized groups made known to him
by the authors he cites, that both his terms and his conclu-
sions are of little value. It is a fundamental difficulty with
"Primitive Marriage" that the gens and the tribe, or the
groups they represent, are not distinguished from each other
as members of an organic series, so that it might be known
of which group "exogamy" or "endogamy" is asserted. One
of eight gentes of a tribe, for example, may be "exogamous"
with respect to itself, and "endogamous" with respect to the
seven remaining gentes. Moreover, these terms, in such a
case, if correctly applied, are misleading. Mr. McLennan
seems to be presenting two great principles, representing dis-
tinct conditions of society which have influenced human af-
fairs. In point of fact, while "endogamy" has very little ap-
plication to conditions of society treated in "Primitive Mar-
riage," "exogamy" has reference to a rule or law of a gens
an institution and as such the unit of organization of a so-
cial system. It is the gens that has influenced human affairs,
and which is the primary fact. We are at once concerned to
know its functions and attributes, with the rights, privileges
 SEQUENCE OP INSTITUTIONS fftf

and obligations of its Of these material circum-

members.
stances Mr. McLennan makes no
account, nor does he seem
to have had the slightest conception of the gens as a govern-
ing institution of ancient society. Two of its rules are the
following: (1.) Intermarriage in the gens is prohibited. This
is Mr. McLennan's "exogamy" restricted as it always is
to a gens, but stated by him without any reference to a gens.
(2.) In the archaic form of the gens descent is limited to the
female line, which is Mr. McLennan's "kinship through fe-
males only/' and which is also stated by him without any
reference to a gens.
Let us follow this matter further. Seven definitions of
tribal system, and of tribe are given (Studies, etc., 113-115).
"Exogamy Pure. 1. Tribal (or family) system. Tribes
separate. All the members of each tribe of the same blood,
or feigning themselves to be so. Marriage prohibited between
1

the members of the tribe.

"2. Tribal system. Tribe a congeries of family groups, fall-
ing into divisions, clans, thums, etc. No connubium between
members of same division: connubium between all the divi-
sions.
"3. Tribal Tribe a congeries of family groups.
system.
* * * No connubium between
persons whose family name
points them out as being of the same stock.
"4. Tribal system. Tribe in divisions. No connubium be-
tw.een members of the same divisions: connubium between
some of the divisions; only partial connubium between
others. * * *
Tribal system. Tribe in divisions. No connubium be-
"5.
tween persons of the same stock: connubium between each
division and some other. No connubium between some of
the divisions. Caste.
"Endogamy Pure. 6. Tribal (or family) system. Tribes
separate. All the members of each tribe of the same blood,
or feigning themselves to be so. Connubium between mem-
bers of the tribe: marriage without the tribe forbidden and
punished.
"7. Tribal system indistinct."
Seven definitions of the tribal system ought to define the
group called a tribe, with sufficient distinctness to be rec-
ognized.
The first definition, however, is a puzzle. There are sev-
eral tribes in a tribal system, but no term for the aggregate
of tribes. They are not supposed to form a united body.
How the separate tribes fall into a tribal system or are held
together does not appear. All the members of each tribe
are of the same blood, or pretend to be, and therefore can-
not intermarry. This might answer for a description of a
gens; but the gens is never found alone, separate from other
gentes. There are several gentes intermingled by marriage
520 ANCIENT SOCIETY

composed of gentes. But Mr. McLennan could

in every tribe
not have used tribe here as equivalent to gens, nor as a
congeries of family groups. As separate bodies of con-
sanguinei held together in a tribal system, the bodies unde-
fined and the system unexplained, we are offered something
altogether new. Definition 6 is much the same. It is not
probable that a tribe answering to either of these defini-
tions ever existed in any part of the earth; for it is neither
a gens, nor a tribe composed of gentes, nor a nation formed
by the coalescence of tribes.
Definitions 2d, 3d, 4th, and 5th are somewhat more intel-
ligible. They show each case a tribe composed of gentes,
in
or divisions based upon kin. But it is a gentile rather than
a tribal system. As marriage is allowed between the clans,
thums, or divisions of the same tribe, "exogamy" cannot be
asserted of the tribe in either case. The clan, thum, or di-
vision is "exogamous," with respect to itself, but "endoga-
mous" with respect to the other clans, thums, or divisions.
Particular restrictions are stated to exist in some instances.
When Mr. McLennan applies the terms "exogamy" or
"endogamy" to a tribe, how is it to be known whether it is
one of several separate tribes in a tribal system, whatever
this may mean, or a tribe defined as a congeries of family
groups? On the next page (116) he remarks: "The separate
endogamous tribes are nearly as numerous, and they are in
some respects as rude, as the separate exogamous tribes."
If he uses tribe as a congeries of family groups, which is a
tribe composed of gentes, then "exogamy" cannot be asserted
of the tribe. There is not the slightest probability that
"exogamy" ever existed in a tribe composed of gentes in
any part of the earth. Wherever the gentile organization
has been found intermarriage in the gens is forbidden. It
gives what Mr. McLennan calls "exogamy." But, as an
equally general rule, intermarriage between the members of
a gens and the members of all the other gentes of the same
tribe is permitted. The gens is "exogamous," and the tribe
is essentially "endogamous." In these cases, if in no others,
it was material to know the group covered by the word
tribe. Take another illustration (p.42) "If it can be shown,
:

firstly, that exogamous tribes exist, or have existed; and,

secondly, that in ruder times the relations of separate tribes
were uniformly, or almost uniformly, hostile, we have found
a set of circumstances in which men could get wives only
by capturing them." Here we find the initial point of Mr.
McLennan'g theory of wife stealing. To make the "set of
circumstances" (namely, hostile and therefore independent
tribes), tribe as used here must refer to the larger group, a
tribe composed of gentes. For the members of the several
gentes of a tribe are intermingled by marriage in every fanv
 SEQUENCE OP INSTITUTIONS .
53!

ilythroughout the area occupied by the tribe. All the gen tea
must be hostile or none. If the term is applied to the smaller
group, the gens, then the gens is "exogamous," and the tribe,
in the given case, is seven-eighths "endogamous," and whaf
becomes of the "set of circumstances" necessitating wife
stealing?
The principal cases cited in "Primitive Marriage" to prove
"exogamy" are the Khonds, Kalmucks, Circassians, Yurak
Samoyeds, certain tribes of India and Australia, and certain
Indian tribes of America, the Iroquois among the number
(pp. 75-100). The American tribes are generally composed
of gentes. A man cannot marry a woman of the same gens
with himself; but he may marry a woman of any other gens
of his own tribe. For example, a man of the Wolf gens of
the Seneca tribe of the Iroquois is prohibited from marrying
a woman of the same gens, not only in the Seneca tribe,
but also in either of the five remaining Iroquois tribes. Here
we have Mr. McLennan's "exogamy," but restricted, as it al-
ways is, to the gens of the individual. But a man may marry
a woman in either of the seven remaining Seneca gentes.
Here we have "endogamy" in the tribe, practiced by the
members of each gens in the seven remaining Seneca gentes.
Both practices exist side by side at the same time, in the
same tribe, and have so existed from time immemorial. The
same fact is true of the American Indian tribes in general.
They are cited, nevertheless, by Mr. McLennan, as examples
of "exogamous tribes"; and thus enter into the basis of his
theories.
With respect to "endogamy," Mr. McLennan would prob-
ably refrain from using it in the above case: firstly, because
'jexogamy" and "endogamy" fail here to represent two oppo-
site principles as they exist in his imagination; and, second-
ly, because there is, in reality, but one fact to be indicated,
namely, that intermarriage in the gens is prohibited. Amer-
ican Indians generally can marry in their own or in a for-
eign tribe as they please, but not in their gens. Mr. Mc-
Lennan was able to cite one fair case of "endogamy," that
of the Mantchu Tartars (p. 116), "who prohibited marriage
between persons whose family names are different." A few
other similar cases have been found among existing tribes.
If the organizations, for example, of the Yurak Samoyeds
of Siberia (82), the Magars of Nepaul (83), the Munnie-
porees, Koupooees, Mows, Muram and Murring tribes of
India (87), were examined upon the original evidence, it is
highly probable that they would be found exactly analogous
to the Iroquois tribes; the "divisions" and "thums" being
gentes. Latham, speaking of the Yurak or Kasovo group of
the Samoyeds, quotes from Klaproth, as follows: "This divi-
sion of the kinsmanship is so rigidly observed that no Sam-
 6S2 ANCIENT SOCIETY

oyed takes a wife from the kinsmanship to which he himself

belongs. On the contrary he seeks her in one of U;e other
two." 1 The same author, speaking of the Magars, remarks:
"There are twelve thums. All individuals belonging to the
same thum are supposed to be descended from the same
male ancestor; descent from the same great mother being by
no means necessary. So husband and wife must belong to
different thums. With one and the same there is no mar-
riage. Do you wish for a wife? If so, look to the thum of
your neighbor; at any rate look beyond your own. This is
the first time I have had occasion to mention this practice,
It will not be the last: on the contrary, the principle it sug-
gests is so common as to be almost universal." The Mur-
2

ring and other tribes of India are in divisions, with the same
rule in respect to marriage. In these cases it is probable
that we have tribes composed of gentes, with intermarriage in
the gens prohibited. Each gens is "exogamotis" with respect
to itself, and "endogamous" with respect to the remaining
gentes of the tribe. They are cited by Mr. McLennan, never-
theless, as examples of "exogamous" tribes. The principal
Australian tribes are known to be organized in gentes, with
*
intermarriage in the gens prohibited. Here again the gens
Ms "exogamous" and the tribe "endogamous."
Where the gens is "exogamous" with respect to itself, and
"endogamous" with respect to the remaining gentes of the
same tribe, of what use is this pair of terms to mark what
is but a single fact the prohibition of intermarriage in the
gens? "Exogamy" and "endogamy" are of no value as a pair
of terms, pretending as they do to represent or express op-
posite conditions of society. They have no application in
American ethnology, and probably none in Asiatic or Euro-
pean. "Exogamy," standing alone and applied to the small'
group (the gens), of which only it can be asserted, might be
tolerated. There are no "exogamous" tribes in America, but
a plenty of "exogamous" gentes; and when the gens is found,
we are concerned with its rules, and these should always be
stated as rules of a gens. Mr. McLennan found the clan,
thum, division, "exogamous," and the aggregate of clans,
thums, divisions, "endogamous"; but he says nothing about
the "endogamy." Neither does he say the clan, division, or
thum is "exogamous," but that the tribe is "exogamous."
We might suppose he intended to use tribe as equivalent to
clan, thum, and division; but we are met with the difficulty
that he defines a "tribe [as] a congeries of family groups,
falling into divisions, clans, thums, etc." (114), and immedi-
ately (116) he remarks that "the separate endogamous tribes
are nearly as numerous, and they are in some respects as
i 'Descriptive Ethnology," London ed., 1859, 1, 476.
t Ib., i, 80.
 SEQUENCE OP INSTITUTIONS 523

rude, as the separate exogamous tribes." If we take his

principal definitions, it can be said without fear of contradic-
tion that Mr. McLennan has not produced a single case of
an "exogamous" tribe in his volume.
There is another objection to this pair of terms. They are
set over against each other to indicate opposite and dissim-
ilar conditions of society. Which of the two is the ruder,
and which the more advanced? Abundant cautions are here
thrown out by Mr. McLennan. "They may represent a pro-
gression from exogamy to endogamy, or from endogamy to
exogamy" (115); "they may be equally archaic" (116); and
"they are in some respects" equally rude (116); but before
-the discussion ends, "endogamy" rises to the superior posi-
tion, and stands over toward civilization, while "exogamy"
falls back in the direction of savagery. It became convenient
in Mr. McLennan's speculations for "exogamy" to introduce
heterogeneity, which "endogamy" is employed to expel, and
bring in homogeneity; so that "endogamy" finally gets the
better of "exogamy" as an influence for progress.
One of Mr. McLennan's mistakes was his reversal of the
positions of these terms. What he calls "endogamy" pre-
cedes "exogamy" in the order of human progress, and be-
longs to the lowest condition of mankind. Ascending to the
time when the Malayan system of consanguinity was formed,
and which preceded the gens, we find consanguine groups in
the marriage relation. The system of consanguinity indicates
both the fact and the character of the groups and exhibits
"endogamy" Advancing from this state"
in its pristine force.
of things, the check upon "endogamy" is found in the
first
punaluan group, which sought to exclude own brothers and
sisters from the marriage relation, while it retained in that
relation first, second, and more remote cousins, still under
the name of brothers and sisters. The same thing precisely
is found in the Australian organization upon sex. Next in
the order of time the gens appeared, with descent in the fe-
male line, and with intermarriage in the gens prohibited. It
brought in Mr. McLennan's "exogamy." From this time for-
ward "endogamy" may be dismissed as an influence upon hu-
man affairs.

According to Mr. McLennan, "exogamy" fell into decay in

advancing communities; and when descent was changed to
the male line it disappeared in the Grecian and Roman tribes
(p. 220.) So far from this being the case, what he calls "exog-
amy" commenced in savagery with the gens, continued
through barbarism, and remained into civilization. It existed
as completely in the gentes of the Greeks and Romans in the
time of Solon and of Servius Tullius as it now exists in the
Rentes of the Iroquois. "Exogamy" and "endogamy" have
been so thoroughly tainted by the manner of their use in
5$4 ANCIENT

"Primitive Marriage," that the best disposition which can

now be made of them is to lay them aside.
2. Mr. McLennan's phrase: "The system of kinship
through females only/'
"Primitive Marriage" is deeply colored with this phrase.
It asserts that this kinship, where it prevailed, was the only
kinship recognized; and thus has an error written on its face.
The Turanian^ Ganowanian and Malayan systems of consan-
guinity show plainly and conclusively that kinship through
males was recognized as constantly as kinship through fe-
males. A man had brothers and sisters, grandfathers and
grandmothers, grandsons and granddaughters, traced through
males as well as through females. The maternity of children
was ascertainable with certainty, while their paternity was
not; but they did not reject kinship through males because of
uncertainty, but gave the benefit of the doubt to a number of
persons probable fathers being placed in the category of
real fathers, probable brothers in that of real brothers, and
probable sons in that of real sons.
After the gens appeared, kinship through females had an
increased importance, because it now signified gentile kin,
as distinguished from non-gentile kin. This was the kinship,
in a majority of cases, made known to Mr. McLennan by the
authors he cites. The children of the female members of the
gens remained within it, while the children of its male mem-
bers were excluded. Every member of the gens traced his
or her descent through females exclusively when descent was
in the female line, and through males exclusively when de-
scent was, in the male line. Its members were an organized
body of consanguinei bearing a common gentile name.
They were bound together by affinities of blood, and
by the further bond of mutual rights, privileges, and obliga-
tions. Gentile kin became, in both cases, superior to other
kin; not because no other kin was recognized, but because
it conferred the rights and privileges of a gens. Mr. McLen-
nan's failure to discover this difference indicates an insuffi-
cient investigatiorf of the subject he was treating. With de-
scent in the female line, a man had grandfathers and grand-
mothers, mothers, brothers and sisters, uncles, nephews and
nieces, and grandsons and granddaughters in his gens; some
own and sdme collateral; while he had the same out of his
gens with the exception of uncles; and in addition, fathers,
aunts, sons and daughters, and cousins. A woman had the
same relatives in the gens as a man, and sons and daughters,
in addition, while she had the' same relatives out of the gens
as a man. Whether in or out of the gens, a brother was
rscognized as a brother, a father as a father, a son as a son,
and the same term was applied in either case without dis-
crimination between them. Descent in the female line, which
Is all that "kinship through females only" can possibly in-
 SEQUENCE OF INSTITUTIONS fo$
*

dicate, is thus seen to be a rule of a gens and nothing more.

It ought to be stated as such, because the gens is the pri-
mary fact, and gentile kinship is one of its attributes.
Prior to the gentile organization, kinship through females
was undoubtedly superior to kinship through males, and was
doubtless the principal basis upon which the lower tribal
groups were organized. But the body of facts treated in
"Primitive Marriage" have little or no relation to that con-
dition of mankind which existed prior to the gentile system.
3. There is no evidence of the general prevalence of the
Nair and Tibetan polyandry.
These forms of polyandry arc used in Mr. McLcnnan's
speculations as though universal in practice. He employs
them in his attempted explanation of the origin of the classi-
ficatory system of relationship. The Nair polyandry is
where several unrelated persons have one wife in common
(p. 146). It is called the rudest form. The Tibetan poly-
andry is where several brothers have one wife in common.
He then makes a rapid flight through the tribes of mankind
to show the general prevalence of one or the other of these
forms of polyandry, and fails entirely to, show their prev-
alence. It does not seem to have occurred to Mr. McLennan
that these forms of polyandry are exceptional, and that they
could not have been general even in the Neilgherry Hills or
in Tibet. If an average of three men had one wife in com-
mon (twelve husbands to one wife was the Nair limit, p. 147),
and this was general through a tribe, two-thirds of the mar-
riageable females would be without husbands. It may safely
be asserted that such a state of things never existed gener-
ally in the tribes of mankind, and without better evidence it
cannot be credited in the Neilgherry Hills or in Tibet. The
facts in respect to the Nair polyandry are not fully known.
"A Nair may be one in several combinations of husbands;
that is, he may have any number of wives" (p. 148). This,
however, would not help the unmarried females to husbands,
although it would increase the number of husbands of one
wife. FemaJ^in^emticide cannot be sufficiently exaggerated \
to raise into generaj prevalence these forms of polyandry. \
Neither can it be said with truth that they have exercised a j
general influence upon human affairs.
The Malayan, Turanian and Ganowanian systems of con-
sanguinity and however, bring to light forms of po-
affinity,
lygyny and polyandry which have influenced human affairs,
because they were as universal in prevalence as these sys-
tems were, when they respectively came into existence. In
the Malayan system, we find evidence of consanguine groups
founded upon brother and sister marriages, but including col-

',
lateral brothers and sisters in the group. .Here the men lived
and the women In pofyindry. In the Turanian
026 ANCIENT SOCIETY

and Ganowanian system we find evidence of a more advanced

group the putialuan in two forms. One was founded on
the brotherhood of the husbands, and the other on the
sisterhood of the wives; own brothers and sisters being now
excluded from the marriage relation. In each group the men
were polygynous, and the women polyandrous. Both prac-
tices are found in the same group, and both arc essential to
an explanation of their system of consanguinity. The last-
named system of consanguinity and affinity presupposes pu-
naluan marriage in the group. This and the Malayan exhibit
the forms of polygyny and polyandry with which ethnog-
raphy is concerned; while the Nair and Tibetan forms of
polyandry are not only insufficient to explain the systems,
but are of no general importance.
These systems of consanguinity and affinity, as they 'stand
in the Tables, have committed such havoc with the theories
and opinions advanced in "Primitive Marriage'* that I am
constrained to ascribe to this fact Mr. McLennan's assault
upon my hypothesis explanatory of their origin; and his at-
tempt to substitute another, denying them to be systems of
consanguinity and affinity.
II. That Mr. McLennan's hypothesis to account for the
origin of the classificatory system does not account for its
origin.
Mr. McLennan sets out with the statement (p. 372) that
"the phenomena presented in all the forms [of the classifi-
catory system] are ultimately referable to the marriage law;
and that accordingly its origin must be so also." This is
the basis of my explanation; it is but partially that of his own.
The marriage-law, under which he attempts to explain the
origin of the Malayan system, is that found in the Nair poly-
andry; and the marriage-law under which he attempts to ex-
plain the origin of the Turanian and Ganowanian system is
that indicated by the Tibetan polyandry. But he has neither
the Nair nor Tibetan system of consanguinity and affinity,
with which to explain or to test his hypothesis. He starts,
then, without any material from Nair or Tibetan sources, and
with forms of marriage-law that never existed among the
tribes and nations possessing the classificatory system of re-
lationship. We thus find at the outset that the explanation
in question is a mere random speculation.
Mr. McLennan denies that the systems in the Tables (Con-
sanguinity, pp. 298-382; 523-567) are systems of consanguinity
and affinity. On the contrary, he asserts that together they
are "a system of modes of addressing persons." He is not
unequivocal in his denial, but the purport of
his language is
to that effect. In my work of Consanguinity I pointed out
the fact that the American Indians in familiar intercourse
and in formal salutation addressed each other by the exact
relationship in which they stood to each other, and never by
 SEQUENCE OF INSTITUTIONS 527

the personal name; and that the same usage prevailed in

South India and in China. They use-the system in salutation
because it is a system of consanguinity and affinity a rea-
son paramount. Mr. McLennan wishes us to believe that
these all-embracing systems were simply conventional, and
formed to enable persons to address each other in saluta-
tion, and for no other purpose. It is a happy way of dis-
posing of these systems, and of throwing away the most
remarkable record in existence respecting the early condi-
tion of mankind.
Mr. McLennan imagines there must have been a system
of consanguinity somewhere entirely independent of the sys-
tem of addresses; "for it seems reasonable to believe/' he
remarks (p. 373), "that the system of blood-ties and the sys-
tem of addresses would begin to grow up together, and for
some little time would have a common history." A system
of blood-ties is a system of consanguinity. Where, then, is
the lost system? Mr. McLennan neither produces it nor
shows its existence. But I find he uses the systems in the
Tables as systems of consanguinity and affinity, so far as
they serve his hypothesis, without taking the trouble to
modify the assertion that they are simply "modes of ad-
dressing persons."
That savage and barbarous tribes the world over, and
through untold ages, should have been so solicitous concern-
ing the proper mode of addressing relations as to have pro-
duced the Malayan, Turanian and Ganowanian systems, in
their fullness and complexity, for that purpose and no other,
and no other systems than these two that in Asia, Africa,
Polynesia, and America they should have agreed, for exam-
ple, that a given person's grandfather's brother should be
addressed as grandfather, that brothers older than one's self
should be addressed as elder brothers, and those younger as
younger brothers, merely to provide a conventional mode of;
addressing relatives are coincidences so remarkable and for
so small a reason, that it will be quite sufficient for tl>e au-
thor of this brilliant conception to believe it.
A system of modes of addressing persons would be ephem-
eral, because all conventional usages are ephemeral. They
would, also, of necessity, be as diverse as the races of man-
kind. But a system of consanguinity is a very different thing.
Its relationships spring from the family and the marriage-
law, and possess even greater permanence than the family
itself, which advances while the system remains unchanged.
These relationships expressed the actual facts of the social
condition when the system was formed, and have had a daily
importance in the life of mankind. Their uniformity over
immense areas of the earth, and their preservation through
immense periods of time, are consequences of their ?onncc/>
tion wjth the marriage-law.
 ANdfBNT SOCIETY

When the Malayan system of consanguinity was formed,

.

it may be supposed that a mother could perceive that her

own son and daughter stood to her in certain relationships
that could be expressed by suitable terms; that her own
mother and her mother's own mother stood to her in certain
other relationships; that the other children of her own
mother stood to her in still other relationships; and that the
children of her own daughter stood to her in still others
all of which might be expressed by suitable terms. It would
give the beginning of a system of consanguinity founded up-
on obvious blood-ties. It would lay the foundation of the
five categories of relations in the Malayan system, and with-
out any reference to marriage-law.
When marriage in the group and the consanguine family
came in, of both of which the Malayan system affords evi-
dence, the system would spread over the group upon the
basis of these primary conceptions. With the intermarriage
of brothers and sisters, own and collateral, in a group, the
resulting system of consanguinity and affinity would be Ha-
layan. Any hypothesis explanatory of the origin of the Ma-
layan system must fail if these facts are ignored. Such a
form of marriage and of the family would create the Ma-
layan system. It would be a system of consanguinity and
affinity from the beginning, and explainable only as such.
If these views are correct, it will not be necessary to con-
sider in detail the points of Mr. McLennan's hypothesis,
which is too obscure for a philosophical discussion, and ut-
terly incapable of affording an explanation of the origin of
these systems.
III. That Mr. McLennan's objections to the hypothesis
presented in "Systems of Consanguinity," etc., are of no
force.
The same misapprehension of the facts, and the same con-
fusion of ideas whichmark his last Essay, also appear in
this. He does not hold distinct the relationships by con-
sanguinity and those by marriage, when both exist between
the same persons; and he makes mistakes in the relationships
of the systems also.
It will not be necessary to follow step by step Mr. Mc-
Lennan's criticisms upon this hypothesis, some of which are
verbal, others of which are distorted, and none of which
touch the essence of the questions involved. The first prop-
osition he attempts to refute is stated by him as follows:
'The Malayan system of relationships is a system of blood-
relationships. Mr. Morgan assumes this, and says nothing
of the obstacles to making the assumption" (p. 342). It is
in part a system of blood-relationships, and in part of tnar-
riftge-relationships. The fact is patent. The relationships of
father and mother, brother and sister, elder or younger, -son
and daughter, uncle and aunt, nephew and niece and cotifin,
 SEQUENCE OF INSTITUTIONS 50$

grandfather and mother, grandson and daughter; and afeo

of brother-in-law and sister-in-law, son-in-law and daughter-
in-law, besides others, are given in the Tables and were be-
fore Mr. McLennan. These systems speak for themselves,
and could say nothing else but that they are systems of
consanguinity and affinity. Does Mr. McLennan suppose
that the tribes named had a system other or different from
that presented in the Tables? If he did, he was bound to
produce it, or to establish the fact of its existence. He does
neither.
Two or three of his special points may be considered.
"And indeed," he remarks (p. 346), "if a man is called the
son of a woman who did not bear him, his being so called
clearly defies explanation on the principle of natural 3e-
scents. The reputed relationship is not, in that case, the one
actually existing as near as the parentage of individuals
could be known; and accordingly Mr. Morgan's proposition
is not made out." On the face of the statement the question
involved is not one of parentage, but of marri ige-relation-
ship. A man calls his mother's sister his mother, and she
calls him her son, although she did not bear him. This is
the case in the Malayan, Turai.ian and Ganowanian systems.
Whether we have consanguine or punaluan marriages, a
man's mother's sister is the wife of his reputed father. She
is his step-mother as near as our system furnishes an ana-
logs; and .among ourselves a step-mother is called mother,
and she calls her step-son, son. It defies explanation, it is
true, as a blood-relationship, which it does not pretend to
be, but a3 a marriage-relationship, which it pretends to be,
this is the explanation. The reasoning of Mr. McLennan is
equally specious and equally faulty in a number of cases.
Passing from the Malayan to the Turanian system, he re-
marks (p. 354): "It follows from this that a man's son and
his sister's daughter, while reputed brother and sister, would
have been free, when the 'tribal organization' had been estab-
lished, to intermarry, for they belonged to different tribes of
descent." From this he branches out in an argument of two
or three pages to prove that "Mr. Morgan's reason, then, is
insufficient." If Mr. McLennan had studied the Turanian or
the Ganowanian system of consanguinity with very moderate
attention, he would have found that a "man's son and his
sister's daughter" are not "reputed brother and sister." On
the contrary, they are cousins. This is one of the most ob-
vious as well as important differences between the Malayan
and Turanian systems, and the one which expresses the dif-
ference between the consanguine family of the Malayan, and
thr punaluan family of the Turanian system.
The prcneral reader will hardly take the trouble necessary
to master the details of these systems. Unless he can fol-
low the relationships with ease and freedom, a discussion o!
586 ANCIENT SOCIETY

the system will be a source of perplexity rather than of pleas*

ure. Mr. McLennan uses the terms of relationship freely,
but without, in all cases, using them correctly.
In another place (p. 360), Mr. McLennan attributes to me
a distinction between marriage and cohabitation which I
have not made; and follows it with a rhetorical flourish quite
equal to the best in "Primitive Marriage."
Finally, Mr. McLennan plants himself upon two alleged
mistakes which vitiate, in his opinion, my explanation of the
origin of the classificatory system. "In attempting to ex-
plain the origin of the classificatory system, Mr. Morgan
made two radfcal mistakes. His first mistake was, that he
did not steadily contemplate the main peculiarity of the sys-
tem its classification of the connected persons; that he did
not seek the origin of the system in the origin of the classi-
fication" (p. 360). What is the difference in this case, be*
tween the system and the classification? The two mean the
same thing, and cannot by any possibility be made to mean
anything different. To seek the origin of one is to seek the
origin of the other.
"The second mistake, or rather I should say error, was
to have so lightly assumed the system to be a system of
blood-ties" (p. 361). There is no error here, since the per-
sons named in the Tables are descended from common an-
cestors, or connected by marriage with some one or more
of them. They are the same persons who are described in
the Table showing the Aryan, Semitic, and Uralian systems
(Consanguinity, pp. 79-127). In each and all of these sys-
tems they are bound to each other in fact by consanguinity
and affinity. In the latter each relationship is specialized;
in the former they are classified in categories; but in all alike
the ultimate basis is the same, namely actual consanguinity
and affinity. Marriage in the group in the former, and mar-
riage between single pairs in the latter, produced the differ-
ence between them. In the Malayan, Turanian and Gano-
winian systems, there is a solid basis for the blood-relation-
ships they exhibit in the common descent of the persons; and
for the marriage-relationships we must look to the form of
marriage they indicate. Examination and comparison show
that two distinct forms of marriage are requisite to explain
the Malayan and Turanian systems; whence the application,
as tests of consanguine marriage in one case, and a punaluan
marriage in the other.
While the terms of relationship are constantly used it) salu-
tation, it is because they are terms of relationship that they
are so used Mr. McLennan's attempt to turn them into con-
ventional modes of addressing persons is futile. Although
he lays great stress upon this view he makes no use of them
as "modes of address'' in attempting to explain their origin
So far as he makes any use of them he employs them strictly
 SEQUENCE OF INSTITUTIONS |g|

as terms of consanguinity and affinity. It was as impossible

that "a system of modes of addressing persons" should have
grown up independently of the system of consanguinity and
affinity (p. 373), as that language should have grown up in-
dependently of the ideas it represents and expresses. What
could have given to these terms their significance as used in
addressing relatives, but the relationship whether of con-
sanguinity or affiinity which they expressed? The mere want
of a mode of addressing persons could never have given such
stupendous systems, identical in minute details over im-
mense sections of the earth.
Upon the essential difference between Mr. McLennan's ex-
planation of the origin of the classificatory system, and the
one presented in this volume whether it is a system of
modes of addressing persons, or a system of consanguinity
and affinity I am quite content to submit the question to the
judgment of the reader.
 PART IV

GROWTH OF THE IDEA OF PROPERTY

 CHAPTER I

THE THREE RULES OF INHERITANCE

It remains to consider the growth of property in the

several ethnical periods, the rules that sprang up with
respect to its ownership and inheritance, and the influ-
ence which it exerted upon ancient society
The earliest ideas of property were intimately associ-
ated with the procurement of subsistence, which was the
primary need. The objects of ownership would natur-
ally increase in each successive ethnical period with the
multiplication of those arts upon which the means of
subsistence depended. The growth of property would
thus keep pace with the progress of inventions and dis-
coveries. Each ethnical period shows a marked advance
upon its predecessor, not only in the number of inven-
tions, but also in the variety and amount of property
which resulted therefrom. The multiplicity of the
forms of property would be accompanied by the growth
of certain regulations with reference to its possession and
inheritance. The customs upon which these rules of pro-
prietary possession and inheritance depend, are deter-
mined and modified by the condition and progress of the
social organization. The growth of property is thus
closely connected with the increase of inventions and
discoveries, and with the improvement of social institu-
tions which mark the several ethnical periods of human
progress.
I. Property in the Status of Savagery.
In any view of the case, it is difficult to conceive of
the condition of mankind in this early period of their
9*
580 ANCIENT SOCIETY

existence, when divested of all they had gained through

inventions and discoveries, and through the growth of
ideas embodied in institutions, usages and customs. Hu-
man progress from a state of absolute ignorance and in-
experience was slow in time, but geometrical in ratio.
Mankind may be traced by a chain of necessary infer-
ences back to a time when, ignorant of fire, without artic-
ulate language, and without artificial weapons, they de-
pended, like the wild animals, upon the spontaneous
fruits of the earth. Slowly, almost imperceptibly, they
advanced through savagery, from gesture language and
imperfect sounds to articulate speech from the club, as
;

the first weapon, to the spear pointed with flint, and

finally to the bow and arrow; from the flint-knife and
chisel to the stone axe and hammer; from the ozier and
cane basket to the basket coated with clay, which gave a
vessel for boiling food with fire; and, finally, to the art
of pottery, which gave a vessel able to withstand the fire.
In the means of subsistence, they advanced from natural
fruits in a restricted habitat to scale and shell fish on
the coasts of the sea, and finally to bread roots and game.
Rope and string-making from filaments of bark, a spe-
cies of cloth made of vegetable pulp, the tanning of
skins to be used as apparel and as a covering for tents,
and finally the house constructed of poles and covered
with bark, or made of plank split by stone wedges, be-
long, with those previously named, to the Status of Sav-
agery. Among minor inventions may be mentioned the
fire-drill, the moccasin and the snow-shoe.
Before the close of this period, mankind had learned
to support themselves in numbers in comparison with
primitive times; they had propagated themselves over
the face of the earth, and come into possession of all the
possibilities of the continents in favor of human' advance-
ment. In social organization, they had advanced from
the consanguine horde into tribes organized iii gentes,
and thus became possessed of the germs of the principal
governmental institutions. The human race was now
successfully launched upon its great career for the at-
tainment of civilization, which even then, with articulate
 THB THREE RULES OF INHERITANCE 537

language among inventions, with the art of pottery

among arts, and with the gentes afnong institutions, was
substantially assured.
The period of savagery wrought immense changes in
the condition of mankind. That portion, which led the
advance, had finally organized gentile society and devel-
oped small tribes with villages here and there which
tended to stimulate the inventive capacities. Their rude
energies and ruder arts had been chiefly devoted to sub-
sistence. They had not attained to the village stockade
for defense, nor to farinaceous food, and the scourge of
cannibalism still pursued them. The arts, inventions and
institutions named represent nearly the sum of the acqui-
sitions of mankind in savagery, with the exception of the
marvelous progress in language. In the aggregate it
seems small, but it was immense potentially; because it
embraced the rudiments of language, of government, of
the family, of religion, of house architecture and of
property, together with the principal germs of the arts
of life. All these their descendants wrought out more
fully in the period of barbarism, and their civilized de-
scendants are still perfecting.
But the property of savages was inconsiderable. Their
ideas concerning its value, its desirability and its inherit-
ance were feeble. Rude weapons, fabrics, utensils, appa-
rel,implements of flint, stone and bone, and personal
ornaments represent the chief items of property in sav-
age life. A passion for its possession had scarcely been
formed in their minds, because the thing itself scarcely
existed. It was left to the then distant period of civili-
zation to develop into full vitality that "greed of gain"
(studium lucri), which is now such a commanding force
in the human mind. Lands, as yet hardly a subject of
property, were owned by the tribes in common, while
tenement houses were owned jointly by their occupants.
Upon articles purely personal which were increasing
with the slow progress of inventions, the great passion
was nourishing its nascent powers. Those esteemed most
valuable were deposited in the grave of the deceased
proprietor for his continued use in the spirit-land. What
 686 ANC1EKT SOCia

remained was sufficient to raise the question of its inher-

itance. Of the manner of its distribution before the or-
ganization into gentes, our information is limited, or al-
together wanting. With the institution of the gens came
in the first great rale of inheritance, which distributed
the effects of a deceased person among his gentiles.
Practically they were appropriated by the nearest of kin ;

but the principle was general, that the property should

remain in the gens of the decedent, and be distributed
among its members. This principle was maintained into
civilization by the Grecian and Latin gentes. Children
inherited from their mother, but took nothing from their
reputed father.
Property in the Lower Status of Barbarism.
II.
Fromthe invention of pottery to the domestication of
animals, or, as an equivalent, the cultivation of maize
and plants by irrigation, the duration of the period must
have been shorter than that of savagery. With the ex-
ception of the art of pottery, finger weaving and the art
of cultivation, in America, which gave farinaceous food,
no great invention or discovery signalized this ethnical
period. It was more distinguished for progress in the

development of institutions. Finger weaving, with warp

and woof, seems to belong to this period, and it must rank
as one of the greatest of inventions; but it cannot be
certainly affirmed that the art was not attained in sav-
agery. The Iroquois and other tribes of America in the
same status manufactured belts and burden-straps witfi
warp and woof of excellent quality and finish ; using fine
twine made of filaments of elm and basswood bark. l
The principles of this ^reat invention, which has since
clothed the human family, were perfectly realized; but
they were unable to extend it to the production of the
woven garment. Picture writing also seems to have
made appearance in this period. If it originated
its first

earlier, it now
received a very considerable development.
It is interesting as one of the stages of an an which cul-
minated in the invention of a phonetic alphabet The

* "League of the IroquoU," p. 814.

 THE THREE RULES OP INHERITANCE 589

scries of connected inventions seem to have been the fol-

lowing: i. Gesture Language, or the language of per-
sonal symbols; 2. Picture Writing, or idiographic sym-
bols ; 3. Hieroglyphs, or conventional symbols 4. Hiero-
;

glyphs of phonetic power, or phonetic symbols used in a

syllabus and 5, a Phonetic Alphabet, or written sounds.
;

Since a language of written sounds was a growth

through successive stages of development, the rise of its
antecedent processes is both important and instructive.
The characters on the Copan monuments are apparently
hieroglyphs of the grade of conventional symbols. They
show that the American aborigines, who practiced the
first three forms, were proceeding independently in the
direction of a phonetic alphabet.
The invention of the stockade as a means of village
defense, of a raw-hide shield as a defense against the
arrow, which had now become a deadly missile, of the
several varieties of the war-club, armed with an encased
stone or with a point of deer horn, seem also to belong
to this period. At all events they were in common use
among the American Indian tribes in the Lower Status
of barbarism when discovered. The spear pointed with
flint or bone was not a customary weapon with the forest
l
tribes, though sometimes used. This weapon belongs
to the period of savagery, before the bow and arrow
were invented, and reappears as a prominent weapon in
the Upper Status of barbarism, when the copper-pointed
spear came into use, and close combat became the mode
of warfare. The bow and arrow and the war-club were
the principal weapons of the American aborigines in the
Lower Status of barbarism. Some progress was made
in pottery in the increased size of the vessels produced,
and in their ornamentation; 8 but it remained extremely
rude to the end of the period. There was a sensible ad-
vance in house architecture, in the size and mode of con-
i For example, the Oiibwaa used the lance or spear, She-
mi'-jrun, pointed with flint or bone.
The Creeks made earthen vessels holding from two to ten
gallons (Adair's "HUtory of American Indiana," p. 424); and
the IroquoU ornamented their jar* and piped with miniature
human face* attached as button* This discovery waft recently
made by Mr. F. A. Cusfeins;, of the Smithsonian Institution.
540 ANCIENT SOCIETY

struction. Among minor inventions were the air-gun for

bird-shooting, the wooden mortar and pounder for reduc-
ing maize to flour, and the stone mortar for preparing
paints earthen and stone pipes, with the use of tobacco
; ;

bone and stone implements of higher grades, with stone

hammers and mauls, the handle and upper part of the
stone being encased in raw hide ; and moccasins and belts
ornamented with porcupine quills. Some of these inven-
tions were borrowed, not unlikely, from tribes in the
Middle Status; for it was by this process constantly re-
peated that the more advanced tribes lifted up those be-
low' them, as fast as the latter were able to appreciate
and to appropriate the means of progress.
The cultivation of maize and plants gave the people
unleavened bread, the Indian succotash and hominy. It
also tended to introduce a new species of property, name-
ly, cultivated lands or gardens. Although lands were
owned in common by the tribe, a possessory right to cul-
tivated land was now recognized in the individual, or in
the group, which became a subject of inheritance. The
group united in a common household were mostly of the
same gens, and the rule of inheritance would not allow
it to be detached from the kinship.

The property and effects of husband and wife were

kept distinct, and remained after their demise in the gens
to which each respectively belonged. The wife and chil-
dren took nothing from the husband and father, and the
husband took nothing from the wife. Among the Iro-
quois, if a man died leaving a wife and children, his prop-
erty was distributed among his gentiles in such a manner
that his sisters and their children, and his maternal un-
cles, would receive the most of it. His brothers might
receive a small portion. If a woman died, leaving a
husband and children, her children, her sisters, and her
mother and her sisters inherited her effects; but the
greater portion was assigned to "her children. In each
case the property remained in the gens. Among the
Ojibwas, the effects of a mother were distributed among
her children, if old enough to use them otherwise, or in
;

default of children, they went to her sisters, and to her

 THE THREE RULES OF INHERITANCE 541

mother and her sisters, to the exclusion of her brothers.

Although they frad changed descent to the male line, the
inheritance still followed the rule which prevailed when
descent was in the female line.
The variety and amount of property were greater than
in savagery, but still not sufficient to develop a strong
sentiment in relation to inheritance. In the mode of dis-
tribution above given may be recognized, as elsewhere
stated, the germ of the second great rule of inheritance,
which gave the property to the agnatic kindred, to the
exclusion of the remaining gentiles. Agnation and
agnatic kindred, as now defined, assume descent in
in the male line; but the persons included would
be very different from those with -descent in the
female line. The the same in both cases, and
principle is

the terms seem as applicable

in the one as in the other.
With descent in the female line, the agnates are those
persons who can trace their descent through females ex-
clusively from the same common ancestor with the in-
testate; in the other case, who can trace their descent
through males exclusively. It is the blood connection of
persons within the gens by direct descent, in a given
line, from the same common ancestor which lies at the
foundation of agnatic relationship.
At the present time, among the advanced Indian tribes,
repugnance to gentile inheritance has begun to manifest
itself. In some it has been overthrown, and an exclusive
inheritance in children substituted in its place. Evidence
of this repugnance has elsewhere been given, among the
Iroquois, Creeks, Cherokees, Choctas, Menominees,
Crows and Ojibwas, with references to the devices
adopted to enable fathers to give their property, now
largely increased in amount, to their children.
The diminution of cannibalism, that brutalizing
scourge of savagery, was very marked in the Older Per-
iod of barbarism. It was abandoned as a common prac-
tice; but remained as a war practice, as elsewhere ex-
plained, through this, and into the Middle Period. In
thisform it was found in the principal tribes of the
United States, Mexico, and Central America. The ac-
543 ANCIENT SOCIETY

quisition of farinaceous food was theprincipal means of

extricating mankind from savage custom.
this
We have now passed over, with a mere glance, two
ethnical periods, which covered four-fifths, at least, of
the entire existence of mankind upon the earth. While
in the Lower Status, the higher attributes of man began
to manifest themselves. Personal dignity, eloquence in
speech, religious sensibility, rectitude, manliness and
courage were now common traits of character; but cru-
elty, treachery and fanaticism were equally common.
Element worship in religion, with a dim conception of
personal gods, and of a Great Spirit, rude verse-making,
joint-tenement houses, and bread from maize, belong to
this period. It also produced the syndyasmian family,
and the confederacy of tribes organized in gentes and
phratries. The imagination, that great faculty which
has contributed so largely to the elevation of mankind,
was now producing an unwritten literature of myths,
legends and traditions, which had already become a pow-
erful stimulus upon the race.
III. Property in the Middle Status of Barbarism.
The condition of mankind in this ethnical period has
been more completely lost than that of any other. It was
exhibited by the Village Indians of North and South
America in barbaric splendor at the epoch of their dis-
covery. Their governmental institutions, their religious
tenets, their plan of domestic life, their arts and their
rules in relation to the ownership and inheritance of
property, might have been completely obtained; but the
opportunity was allowed to escape. All that remains are
scattered portions of the truth buried in misconceptions
and romantic tales.
This period opens in the Eastern hemisphere with the
domestication of animals, and in the Western with the
appearance of the Village Indians, living in large joint-
tenement houses of adobe brick, and, in some areas, ol
stone laid in courses. It was attehded with the cultiva-
tion of maize. and plants by irrigation, which required
artificial canals, and garden beds laid out in squares,
with raised ridges to contain the water until absorbed,
 THE THREE RULES OF INHERITANCE 548

When discovered, they were well advanced toward the

close of the Middle Period, a portion of them having
made bronze, which brought them near the higher proc-
ess of smelting iron ore. The joint-tenement house was
in the nature of a fortress, and held an intermediate po-
sition between the stockaded village of the Lower, and
the walled city of the Upper Status. There were no
cities, in the proper sense of the term, in America when
discovered. In the art of war they had made but little
progress, except in defense, by the construction of great
houses generally impregnable to Indian assault. But
they had invented the quilted mantle (escaupiles) stuffed
,

with cotton, as a further shield against the arrow, * and

the two-edged sword (macuahuitl) f each edge having
,

a row of angular flint points imbedded in the wooden

blade. They still used the bow and arrow, the spear,
and the war-club, flint knives and hatchets, and stone
3
implements, although they had the copper axe and
chisel, which for some reason never came into general
use.
To maize, beans, squashes and tobacco, were now
added cotton, pepper, tomato, cacao, and the care of cer-
tain fruits. A
beer was made by fermenting the juice
of the maguey. The Iroquois, however, had produced
a similar beverage by fermenting maple sap. Earthen
vessels of capacity to hold several gallons, of fine texture
and superior ornamentation were produced by improved
methods in the ceramic art. Bowls, pots and water- jars
were manufactured in abundance. The discovery and
use of the native metals first for ornaments, and finally
for implements and utensils, such as the copper axe and
chisel,, belong to this period. The melting of these metals
in the crucible, wifh the probable use of the blow-pipe
and charcoal, and casting them in moulds, the produc-
tion of bronze, rude stone sculptures, the woven gar-
ment of cotton, 4 the house of dressed stone, ideographs

i Hrrt*. 1. c., Iv. 1. .. _

til, IS; tv, 10. 117.
ftu Chiviirero, 11, 16.
3,ClArtffaro, It S38. Herrera, U, 146; iy 1*8.
4 HakluyT? "Coll. of Voyrn," 1. c., ill. 177,
544 ANCIENT SOCIETY

or hieroglyphs cut on the grave-posts of deceased chiefs,

the calendar for measuring time, and the solstitial stone
for marking the seasons, cyclopean walls, the domesti-
cation of the llama, of a species of dog, of the turkey
and other fowls, belong to the same period in America.
A priesthood organized in a hierarchy, and distinguished
by a costume, personal gods with idols to represent them,
and human sacrifices, appear for the first time in this
ethnical period. Two large Indian pueblos, Mexico and
Cusco, now appear, containing over twenty thousand in-
habitants, a number unknown in the previous period.
The aristocratic element in society began to manifest it-
self in feeble forms among the chiefs, civil and military,

through increased numbers under the same government,

and the growing complexity of affairs.
Turning to the Eastern hemisphere, we find its native
tribes, in the corresponding period, with domestic ani-
mals yielding them a meat and milk subsistence, but prob-
ably without horticultural and without farinaceous food.
When the great discovery was made that the wild horse,
cow, sheep, ass, sow and goat might be tamed, and, when
produced in flocks and herds, become a source of perma-
nent subsistence it must have given a powerful impulse to
human progress. But the effect would not become
general until pastoral life for the creation and main-
tenance of flocks and herds became established. Europe,
as a forest area in the main, was unadapted to the pastoral
state; but the grass plains of high Asia, and upon th^
Euphrates, the Tigris and other rivers of Asia, were th
natural homes of the pastoral tribes. Thither they would
naturally tend and to these areas we trace our own re-
;

mote ancestors, where they were found confronting like

pastoral Semitic tribes. The cultivation of cereals and

plants must have preceded their migration from the grass
plains into the forest areas of Western Asia #nd of
Europe. It would be forced upon them by the necessities
of the domestic animals now incorporated in their plan of
life. There are reasons, therefore, for supposing that the
cultivation of cereals by the Aryan tribes preceded their
western migration, with the exception perhaps of the
 THE THREE RULES OF INHERITANCE 54$

Celts. Woven fabrics of flax and wool, and bronze

implements and weapons appear in this period in the
Eastern hemisphere.
Such were the inventions and discoveries which sig-
nalized the Middle Period of barbarism. Society was now
more highly organized, and its affairs were becoming
more complex. Differences in the culture of the two
hemispheres now existed in consequence of their unequal
endowments but the main current of progress was
;

steadily upward to a knowledge of iron and its uses. To

cross the barrier into the Upper Status, metallic tools able
to hold an edge and point were indispensable. Iron was
the only metal able to answer these requirements. The
most advanced tribes were arrested at this barrier, await-
ing the invention of the process of smelting iron ore.
From the foregoing considerations it is evident that a
large incrca;-c of personal property had now occurred,
and sonic changes in the relations of persons to land. The
territorial d-jmain still belonged to the tribe in common;
but a portion was now set apart for the support of the
government, another for religious uses, and another and
more important portion, that from which the people de-
rived their subsistence, was divided among the several
gentes, or communities of persons who resided in the
same pueblo (supra, p. 200). That any person owned
lands or houses in his own right, withpower to sell and
convey in fee-simple to whomsoever he pleased, is not
only uncstablished but improbable. Their mode of owning
their lands in common, by gentes, or by communities of
persons, their joint-tenement houses, and their mode of
occupation by related families, precluded the individual
ownership of houses or of lands. A right to sell an
interest in such lands or in such houses, and to transfer
1
the same to a stranger, would break up their plan of life.

i The Rev. Samuel Gorman, a missionary among the Laguna

Pueblo Indians, remarks in an address before the Historical So-
ciety of New Mexico (p. 12). that "the riprht of property be-
longs to the female part of the family, and descends in that
line from mother to daughter. Their land is held in common,
a the property of the community, but after a person cultivates
a lot he has personal claim to it, "which he can sell to one of
 '

64ft ANCIENT SOCIETY

The possessory right, which we must suppose existed in

individuals or in families, was inalienable, except within
the gens, and on the demise of the person would pass by
inheritance to his or her gentile heirs. Joint-tenement
houses, and lands in common, indicate a plan of life ad-
verse to individual ownership.
The Moqui Village Indians, besides their seven large
pueblos and their gardens, now have flocks of sheep,
horses and mules, and considerable other personal prop-
erty. They manufacture earthen vessels of many sizes
and of excellent quality, and woolen blankets in looms,
and with yarn of their own production. Major J. W.
Powell noticed the following case at the pueblo of Oray-
be, which shows that the husband acquires no rights over
the property of the wife, or over the children of the
marriage. A
Zunian married an Oraybe woman, and had
by her three children. He resided with them at Oraybe
until his wife died, which occurred while Major Powell
was at the pueblo. The relatives of the deceased wife
took possession of her children and of her household
property leaving to him his horse, clothing and weapons.
;

Certain blankets which belonged to him he was allowed

to take, but those belonging to his wife remained. He left
the pueblo with Major Powell, saying he would go with
him to Santa Fe, and then return to his own people at
Zuni. Another case of a similar kind occurred at another
of the Moqui pueblos (She-pow-e-luv-ih) , which also
came to the notice of my informant. A woman died, leav-
ing children and a husband, as well as property. The
children and the property were taken by the deceased
wife's relatives all the husband was allowed to take was
;

his clothing. Whether he was a Moqui Indian or from

another tribe, Major Powell, who saw the person, did
not learn. It appears from these cases that the children
belonged to the mother, and not to the father, and that he

the community." Their women, generally, bave control of

. . .

the granary* and they are more provident than their Bpaniih
neighbor* about the future. Ordinarily they try to hare a
year's provision* on hand. It is only when two year* of scarc-
ity auoeeed each other, that Pueblo*, at * uommpK/, sxlffer
hunger."
 THE THRBB RULES OF INHBRITANCE 547

was not allowed to take them even after the mother's

death.Such also was the usage among the Iroquois and
other northern tribes. Furthermore, the property of the
wife was kept distinct, and belonged to her relatives after
her death. It tends to show that the wife took nothing
from her husband, as an implication from the fact that
the husband took nothing from the wife. Elsewhere it
has been shown that this was the usage among the Village
Indians of Mexico.
Women, as well as men, not unlikely, had a possessory
right to such rooms and sections of these pueblo houses
as they occupied; and they doubtless transmitted these
rights to their nearest of kin, under established regula-
tions. We need to know how these sections of each pueblo
are owned and inherited, whether the possessor has the
right to sell and transfer to a stranger, and if not, the
nature and limits of his possessory right. We also need
to know who inherits the property of the males, and who
inherits the property of the females. A
small amount of
well-directed labor would furnish the information now
so much desired.
The Spanish writers have left the land tenure of the
southern tribes in inextricable confusion. When they
found a community of persons owning lands in common,
which they could not alienate, and that one person among
them was recognized as their chief, they at once treated
these lands as a feudal estate, the chief as a feudal lord,
and the people who owned the lands in common as his
vassals. At best, it was a perversion of the facts. One
thing is plain, namely, that these lands were owned in
common by a community of persons but one, not less
;

essential, is not given namely, the bond of union which

;

held these persons together. If a gens, or a part of a gens,

the whole subject would be at once understood
Descent in the female line still remained in some of
the tribes of Mexico and Central America, white in
others, and probably in the larger portion, it had been
changed to the male line. The influence of property must
have caused the change, that children might participate
as agnates in the inheritance of their father's property*
548 ANCIENT SOCIETY

Among the Mayas, descent was in the male line, while

among the Aztecs, Tezcucans, Tlacopans and Tlascalans,
it is difficult to determine whether it was In the male or
the female line. It is probable that descent was being
changed to the male line among the Village Indians
generally, with remains of the archaic rule manifesting
themselves, as in the case of the office of Teuctli. The
change would not overthrow gentile inheritance. It is
claimed by a number of Spanish writers that the children,
and in some cases the eldest son, inherited the property
of a deceased father ; but such statements, apart from an
exposition of their system, are of little, value.
Among the Village Indians, we should expect to find
the second great rule of inheritance which distributed the
property among the agnatic kindred. With descent in the
male line, the children of a deceased person would stand
at the head of the agnates, and very naturally receive the
greater portion of the inheritance. It is not probable that
the third great rule, which gave an exclusive inheritance
to the children of the deceased owner, had become
established among them. The discussion of inheritances
by the earlier and later writers is unsatisfactory, and de-
void of accurate information. Institutions, usages and
customs still governed the question, and could alone
explain the system. Without better evidence than we now
possess, an exclusive inheritance by children cannot be
asserted.
 CHAPTER II

THE THREE RULES OF INHERITANCE CONTINUED

The great period of barbarism was never entered

last

by the American aborigines. It commenced in the

Eastern, according to the scheme adopted, with the pro-
duction and use of iron.
The process of smelting iron ore was the invention of
inventions, as elsewhere suggested, beside which all other
inventions and discoveries hold a subordinate position.
Mankind, notwithstanding a knowledge of bronze, were
still arrested in their progress for the want of efficient

metallic tools, and for the want of a metal of sufficient

strength and hardness for mechanical appliances. All
these qualities were found for the first time in iron. The
accelerated progress of human intelligence dates from
this invention. This ethnical period, which is made
forever memorable, was, in many respects, the most
brilliant and remarkable in the entire experience of man-
kind. It is so overcrowded with achievements as to lead
to a suspicion that many of the works ascribed to it be-
long to the previous period.
IV. Property in the Upper Status of Barbarism. Near
the end of this period, property in masses, consisting of
many kinds and held by individual ownership, began to
be common, through settled agriculture, manufactures,
local trade and foreign commerce but the old tenure of
;

lands binder which they were held in common had not

given place, except in part, to ownership in severalty.
Systematic slavery originated in this status. It stands
directly connected with the production of property. Oiit
649
of it came the patriarchal family of the Hebrew type, and

the similar family of the Latin tribes under paternal

power, as well as a modified form of the same family
among the Grecian tribes. From these causes, but more
particularly from the increased abundance of subsistence
through field agriculture, nations began to develop,
numbering many thousands under one government, where
before they would be reckoned by a few thousands. The
localization of tribes in fixed areas and in fortified cities,
with the increase of the numbers of the people, intensi-
fied the struggle for the possession of the most desirable
territories. It tended to advance the art of war, and to
increase the rewards of individual prowess. These
changes of condition and of the plan of life indicate the
approach of civilization, which was to overthrow gentile
and establish political society.
Although the inhabitants of the Western hemisphere
had no part in the experience which belongs to this status,
they were following down the same lines on which the
inhabitants of the Eastern had passed. They had fallen
behind the advancing columm of the human race by just
the distance measured by the Upper Status of barbarism
and the superadded years of civilization.
We are now to trace the growth of the idea of property
in this status of advancement, as shown by its recognition
in kind, and by the rules that existed with respect to its
ownership and inheritance.
The earliest laws of the Greeks, Romans and Hebrews,
after civilization had commenced, did little more than
turn into legal enactments the results which their
previous experience had embodied in usages and customs.
Having the final laws and the previous archaic rules, the
intermediate changes, when not expressly known, may be
inferred with tolerable certainty.
At the close of the Later Period of barbarism, great
changes had occurred in the tenure of l^pds. I* was
gradually tending to two forms of ownership, namely, by 1 '

the state and by individuals. But this result was not fully
secured until after civilization had .been attained. Lands
among the Greeks were still held, as we have seen, some
 THREE RULES OF INHERITANCE 551

by the tribes in common, some by the phratry in common

for religious uses, and some by the gens in common but ;

the bulk of the lands had fallen under individual owner-

ship in severalty. In the time of Solon, while Athenian
society was still gentile, lands in general were owned by
l
individuals, who had already learned to mortgage them ;

but individual ownership was not then a new thing.

The Roman tribes, from their first establishment, had a
public domain, the Ager Romanus; while lands were
held by the curia for religious uses, by the gens, and by
individuals in severalty. After these social corporations
died out, the lands held by them in common gradually be-
came private property. Very little is known beyond the
fact that certain lands were held by these organizations
for special uses, while individuals were gradually appro-
priating the substance of the national areas.
These several forms of ownership tend to show that
the oldest tenure, by which land was held, was by the
tribe in common; that after its cultivation began, a
portion of the tribe lands was divided among the gentes,
each of which held their portion in common; and that
this was followed, in course of time, by allotments to in-
dividuals, which allotments finally ripened into individual
ownership in severalty. Unoccupied and waste lands still
remained as the common property of the gens, the tribe
and the nation. This, substantially, seems to have been
the progress of experience with respect to the ownership
of land. Personal property, generally, was subject to
individual ownership.
The monogamian family made its first appearance in
the Upper Status of barbarism, the growth of which out
of a previous syndyasmian form was intimately connected
with the increase of property, and with the usages in
respect to its inheritance. Descent had been changed to
the male line; but all property, real as well as personal,
remained, as it had been from time immemorial,
hereditary in the gens.
Our principal information concerning the kinds of

s Plutarch, in "Solon," d xv.

553 ANCIENT SOCIETY

property, that existed among the Grecian tribes in this

period, is derived from the Homeric poems, and from the
early laws of the period of civilization which reflect
ancient usages. Mention is made in the Iliad of fences l
around cultivated fields, of an enclosure of fifty acres, half
of which was fit for vines and the remainder for tillage ;*
and it is said of Tydeus that he lived in a mansion rich
in resources, and had corn-producing fields in abun-
*
dance. There is no reason to doubt that lands were then
fenced and measured, and held by individual ownership.
It indicates a large degree of progress in a knowledge of

property and its uses. Breeds of horses were already

*
distinguished for particular excellence. Herds of cattle
and flocks of sheep possessed by individuals are men-
tioned, as "sheep of a rich man standing countless in the
5
fold/' Coined money was still unknown, consequently
trade was by barter of commodities, as indicated by the
following lines "Thence the long-haired Greeks bought
:

wine, some for brass, some for shining iron, others for
hides, some for the oxen themselves, and some for
6
slaves/' Gold in bars, however, is named as passing by
weight and estimated by talents/ Manufactured articles
of gold, silver, brass and iron, and textile fabrics of linen
and woolen in many forms, together with houses and
palaces, are mentioned. It will not be necessary to extend
the illustrations. Those given are sufficient to indicate
the great advance society had attained in the Upper
Status of barbarism, in contrast with that in the im-
mediately previous period.
After houses and lands, flocks and herds, and exchange-
able commodities had become so great in quantity, and
had come to be held by individual ownership, the question
of their inheritance would press upon human attention
until the right was placed upon a basis which satisfied

1
i "Iliad/ v, 90.
a Ib., Ix. r,77.
3 Ib., xiv, 121.
4 Ib.. v. 265.
5 Ib., lv, 433, Buckley's trans.
Ib., vil, 472. Buckley's trans.
7 "Iliad," xii, 274.
 THE THREE RULES OF INHERITANCE 55}

the growing intelligence of the Greek mind. Archaic

usages would be modified in the direction of later con-
ceptions. The domestic animals were a possession of
greater value than all kinds of property previously known
put together. They served for food, were exchangeable
for other commodities, were usable for redeeming
captives, for paying fines, and in sacrifices in the
observance of their religious rites. Moreover, as they
were capable of indefinite multiplication in numbers,
their possession revealed to the human mind its first con-
ception of wealth. Following upon this, in course of time,
was the systematical cultivation of the earth, which
tended to identify the family with the soil, and render it a
property-making organization. It soon found expression,
in the Latin, Grecian and Hebrew tribes, in the family
under paternal power, involving slaves and servants.
Since the labor of the father and his children became in-
corporated more and more with the land, with the pro-
duction of domestic animals, and with the creation of
merchandise, it would not only tend to individualize the
family, now monogamian, but also to suggest the superior
claims of children to the inheritance of the property they
had assisted in creating. Before lands were cultivated,
flocks and herds would naturally fall under the joint
ownership of persons united in a group, on a basis of kin,
for subsistence. Agnatic inheritance would be apt to
assert itself in this condition of things. But when lands
had become the subject of property, and allotments to
individuals had resulted in individual ownership, the
third great rule of inheritance, which gave the property
to the children of the deceased owner, was certain to
supervene upon agnatic inheritance. There is no direct
evidence that strict agnatic inheritance ever existed
among the Latin, Grecian or Hebrew tribes, excepting in
the reversion, established alike in Roman, Grecian and
Hebrew law but that an exclusive agnatic inheritance
;

existed in the early period may be inferred from the

reversion.
When field agriculture had demonstrated that the whole
surface of the earth could be made the subject of prop-
554 ANCIENT SOCIETY

erty owned by individuals in severally, and it was found

that the head of the family became the natural center of
accumulation, the new property career of mankind was
inaugurated. It was fully done before the close of the
Later Period of barbarism. A
little reflection must con-
vince any one of the powerful influence property would
now begin to exercise upon the human mind, and of the
great awakening of new elements of character it was
calculated to produce. Evidence appears, from many
sources, that the feeble impulse aroused in the savage
mind had now become a tremendous passion in the splen-
did barbarian of the heroic age. Neither archaic nor later
usages could maintain themselves in such an advanced
condition. The time had now arrived when monogamy,
having assured the paternity of children, would assert
and maintain their exclusive right to inherit the property
*
of their deceased father.
In the Hebrew tribes, of whose experience in barbarism
very little is known, individual ownership of -lands existed
before the commencement of their civilizaton. The pur-
chase from Ephron by Abraham of the cave of Mach-
pelah is an illustration.* They had undoubtedly passed

through a previous experience in all respects similar to

that of the Aryan tribes and came out of barbarism, like
;

them, in possession of the domestic animals and of the

cereals, together with a knowledge of iron and brass, of
gold and silver, of fictile wares and of textile fabrics. But
their knowledge of field agriculture was limited in the
time of Abraham. The reconstruction of Hebrew society,
after the Exodus, on the basis of consanguine tribes, to
which on reaching Palestine territorial areas were as-
signed,shows that civilization found them under gentile
i The German tribe* when first known historically were In
the Upper Status of barbarism. They used iron, but in limited
Quantities, possessed flocks and herds, cultivated the cereals,
and manufactured coarse textile fabrics of linen and woolen;
but they had not then attained to the idea of individual owner-
ship in lands. According; to the account of Caesar, elsewhere
cited, the arable lands were allotted annuaUy by the chiefs*
while the pasture lands were held in common. It would seem,
therefore,, that the idea of individual property in lands was
unknown in Asia and Europe in the Middle Period of barbarism,
but came in during; the Later Period.
j "Gtonesis," xxHl, 18.
 RULES OP INHERITANCE 55$

institutions, and below a knowledge of political society.

With respect to the ownership and inheritance of prop-
erty, their experience seems to have been coincident with
that of the Roman and Grecian tribes, as can be made
out, with some degree of clearness, from the legislation
of Moses. Inheritance was strictly within the phratry,
and probably within the gens, namely "the house of the
father." The archaic rule of inheritance among the
Hebrews is unknown, except as it is indicated by the
reversion, which was substantially the same as in the
Roman law of the Twelve Tables. We have this law of
reversion, and also an illustrative case, showing that after
children had acquired an exclusive inheritance, daughters
succeeded in default of sons. Marriage would then
transfer their property from their own gens to that of
their husband's, unless some restraint, in the case of
heiresses, was put on the right. Presumptively and
naturally, marriage within the gens was prohibited. This
presented the last great question which arose with respect
to gentile inheritance. It came before Moses as a question
of Hebrew inheritance, and before Solon as a question of
Athenian inheritance, the gens claiming a paramount
right to its retention within its membership; and it was
adjudicated by both, in the same manner. It may be
reasonably supposed that the same question had arisen in
the Roman gentes, and was in part met by the rule that
the marriage of a female worked a deminutio capitis, and
with it a forfeiture of agnatic rights. Another question
was involved in this issue; namely, whether marriage
should be restricted by the rule forbidding it within the
gens, or become free ; the degree, and not the fact of kin,
being the measure of the limitation. This last rule* was
to be the final outcome of human experience with respect
to marriage. With these considerations in mind, the case
to be cited sheds a strong light upon the early institutions
of the Hebrews, and shows their essential similarity with
those of the Greeks and Romans under gentilistn.
Zelophehad died leaving daughters, but no sons, and
the inheritance was given to the f<5rmer. Afterwards,
these daughters being about to marry out of the tribe of
556 ANCIENT SOCIETY

Joseph, to which they belonged, the members of the tribe

objecting to such a transfer of the property, brought the
question before Moses, saying: "If they be married to
any of the sons of the other tribes of the children of
Israel, then shall the inheritance be taken from the in-
heritance of our fathers, and shall be put to the in-
heritance of the tribe whereunto they are received: so
1
shall it be taken from the lot of our inheritance." Al-
though this language is but the statement of the results
of a proposed act, it implies a grievance and that griev-
;

ance was the transfer of the property from the gens and
tribe to which it was conceived as belonging by hereditary
right. The Hebrew lawgiver admits this right in the
language of his decision. "The tribe of the sons of Joseph
hath spoken well. This is the thing which the Lord doth
command, concerning the daughters of Zelophehad
saying, Let them marry to whom they think best only to
:

the family of the tribe of their father shall they marry.

So shall not the inheritance of the children of Israel re-
move from tribe to tribe for every one of the children
:

of Israel shall keep himself to the inheritance of the tribe

of his fathers. And every daughter that possesseth an
inheritance in any tribe of the children of Israel shall be
wife unto one of the family of the tribe of her father, that
the children of Israel may enjoy every man the inherit-
ance of his fathers." 8 They were required to marry into
their own phratry (supra, p. 368), but not necessarily
into theirown gens. The daughters of Zelophehad were
accordingly "married to their father's brother's sons,"
who were not only members of their own phratry, but
also of their own gens. They were also their nearest
agnates.
On a previous occasion, Moses had established the rule
of inheritance and of reversion in the following explicit
language. "And thou shalt speak unto the children of
Israel, saying, If a man die and have no son, then you
shall cause his inheritance to pass unto his daughters.

t "Number*/' xxxvl,. 4.
"Numbera," xxxvi, 6-9.
3 Ib., xxxvi, 11.
 THE THREE RULES OF INHERITANCE 557

And if he have no daughter, then you shall give his in-

heritance unto his brothers. And if he have no brethren,
then ye shall give his inheritance unto his father's breth-
ren. And if his father have no brethren, then ye shall
give his inheritance unto his kinsman, that is next to him
of his family, and he shall possess it" 1
Three classes of heirs are here named; first, the chil-
dren of the deceased owner; second, the agnates, in the
order of their nearness and third, the gentiles, restricted
;

to the members of the phratry of the decedent. The first

class of the heirs were the children; but the inference
would be that the sons took the property, subject to the
obligation of maintaining the daughters. We find else-
where that the eldest son had a double portion. In default
of sons, the daughters received the inheritance. The
second class were the agnates, divided into two grades;
first, the brethren of the decedent, in default of children,
received the inheritance and second, in default of them,
;

the brethren of the father of the decedent. The third were

the gentiles, also in the order of their nearness, namely,
*'his kinsman that is next to him of his family." As the
"family of the tribe" is the analogue of the phratry
(supra, p. 369), the property, in default of children and
of agnates, went to the nearest phrator of the deceased
owner. It excluded cognates from the inheritance, so that
a phrator, more distant than a father's brother, would
inherit in preference to the children of a sister of the
decedent. Descent is shown to have been in the male line,
and the property must remain hereditary in the gens. It
will be noticed that the father did not inherit from his
son, nor the grandfather from his grandson. In this
respect and in nearly all respects, the Mosaic law agrees
with the law of the Twelve Tables. It affords a striking
illustration of the uniformity of human experience, and
of the growth of the same ideas in parallel lines in dif-
ferent races.
At a later day, the Levitical law established marriage
upon a new basis independent of gentile law. It prohibited
i "Numbers" xxvil. 8-11.
558 ANCIENT SOCIETY

its occurrence within certain prescribed degrees of con-

sanguinity and affinity, and declared it free beyond those
degrees. This uprooted gentile usages in respect to mar-
riage among the Hebrews; and it has now become the
rule of Christian nations.

Turning to the laws of Solon concerning inheritances,

we find them substantially the same as those of Moses.
From this coincidence, an inference arises that the ante-
cedent usages, customs and institutions of the Athenians
and Hebrews were much the same in relation to property.
In the time of Solon, the third great rule of inheritance
was fully established among the Athenians. The sons took
the estate of their deceased father equally; but charged
with the obligation of maintaining the daughters, and
of apportioning them suitably on their marriage. If there
were no sons, the daughters inherited equally. This cre-
ated heiresses by investing woman with estates, who like
the daughters of Zelophehad, would transfer the prop-
erty, by their marriage, from their own gens to that of
their husband. The same question came before Solon that
had been brought before Moses, and was decided in the
same way. To prevent the transfer of property from gens
to gens by marriage, Solon enacted that the heiress should
marry her nearest male agnate, although they belonged to
the same gens, and marriage between them had previously
been prohibited by usage. This became such a fixed rule
of Athenian law, that M. De Coulanges, in his original
and suggestive work, expresses the opinion that the in-
heritance passed to the agnate, subject to the obligation
1
of marrying the heiress. Instances occurred where the
nearest agnate, already married, put away his wife in
order to marry the heiress, and thus gain the estate. Pro-
tomachus, in the Eubulides of Demosthenes, is an
2
example. But it is hardly supposatile that the law
compelled the agnate to divorce his wife and marry the
heiress, or that he could obtain the estate without be-
coming her husband. If there were no children, the estate

i 'The Ancient City/' Le & Shepard'i e<L, Small's Irani* p. ft.

"Demoithenei against Eubul., 41.
 THE THREE RULES OF INHERITANCE 55!

passed to the agnates, and in default of agnates, to the

gentiles of the deceased owner. Property was retained
within the gens as inflexibly among the Athenians as
among the Hebrews and the Romans. Solon turned into
a law what, probably, had before become an established
usage.
The progressive growth of the idea of property is illus-
trated by the appearance of testamentary dispositions
established by Solon. This right was certain of ultimate
adoption; but it required time and experience for its
development. Plutarch remarks that Solon acquired
celebrity by his law in relation to testaments, which be-
fore that were not allowed but the property and home-
;

stead must remain in the gens of the decedent. When he

permitted a person to devise his own property to any one
he pleased, in case he had no children, he honored friend-
ship more than kinship, and made property the rightful
*
possession of the owner. This law recognized the ab-
solute individual ownership of property by the person
while living, to which was now superadded the power of
disposing of it by will to whomsoever he pleased, in case
he had no children ; but the gentile right to the property
remained paramount so long as children existed to rep-
resent him in the gens. Thus at every point we meet the
evidence that the great principles, which now govern
society, were elaborated step by step proceeding in
sequences, and tending invariably in the same upward
direction. Although several of these illustrations are
drawn from the period of civilization, there is no reason
for supposing that the laws of Solon were new creations
independent of antecedents. They rather embodied in
positive form those conceptions, in relation to property,
which had gradually developed through experience, to
the full measure of the laws themselves. Positive law was
now substituted for customary law.
The Roman law of the Twelve Tables (first promul-
*
gated 449 B. C) contain the rules of inheritance as then

t Plutarch, "Vita Solon," a 31.

ft Lhry, ill. *4, 67,
 560 ANCIENT SOCIETY

established. The property passed first to the children,

equally with whom the wife of the decedent was a co-
heiress ; in default of children and descendants in the male
line, it passed to the agnates in the order of their near-
'
ness and in default of agnates it passed to the gentiles.
;

Here we find again, as the fundamental basis of the law,

that the property must remain in the gens. Whether the
remote ancestors of the Latin, Grecian and Hebrew tribes
possessed, one after the other, the three great rules of
inheritance under consideration, we have no means of
knowing, excepting through the reversion. It seems a
reasonable inference that inheritance was acquired in the
inverse order of the law as it stands in the Twelve Tables ;

that inheritance by the gentiles preceded inheritance by

the agnates, and that inheritance by the agnates preceded
an exclusive inheritance by the children.
During the Later Period of barbarism a new element,
that of aristocracy, had a marked development. The
individuality ST^ersons, and the increase of wealth now
possessed by individuals in masses, were laying the foun-
dation of personal influence. Slavery, also, by perma-
nently degrading a portion of the people, tended to estab-
lish contrasts of condition unknown in the previous
ethnical periods. This, with property and official position,
gradually developed the sentiment of aristocracy, which
has so deeply penetrated modern society, and antagonized
the democratical principles created and fostered by the
gentes. It soon disturbed the balance of society by intro-
ducing unequal privileges, and degrees of respect for
individuals among people of the same nationality, and
thus became the source of discord and strife.
In the Upper Status of barbarism, the office of chief
in its different grades, originally hereditary in the gens
and among its members, passed, very likely,
elective
among the Grecian and Latin tribes, from father to son,
as a rule. That it passed by hereditary right cannot be
admitted upon existing evidence; but the possession of
either of the offices of archon, phyto-basileus, or basileus

i Galui, "Inst.," ill, 1, 9, 17.

 THE THREE RULES OF INHERITANCE Ml

among the Greeks, and of princeps and rex among the

Romans, tended to strengthen in their families the senti-
ment of aristocracy. It did not, however, become strong
enough to change essentially the democratic constitution
of the early governments of these tribes, although it at-
tained a permanent existence. Property and office were
the foundations upon which aristocracy planted itself.
Whether this principle shall live or die has been one oi
the great problems with which modern society has been
engaged through the intervening periods. As a question
between equal rights and unequal rights, between equal
laws and unequal laws, between the rights of wealth, of
rank and of official position, and the power of justice and
intelligence, there can be little doubt of the ultimate re-
sult. Although several thousand years have passed away
without the overthrow of privileged classes, excepting in
the United States, their burdensome character upon so*
ciety has been demonstrated.
Since the advent of civilization, the outgrowth of prop-
erty has been so immense, its forms so diversified, its
uses so expanding and its management so intelligent in
the interests of its owners, that it has become, on the part
of the people, an unmanageable power. The human mind
stands bewildered in the presence of its own creation.
The time will come, nevertheless, when human intelli-
gence will rise to the mastery over property, and define
the relations of the state to the property it protects, as
well as the obligations and the limits of the rights of its
owners. The interests of society are paramount to indi-
vidual interests, and the two must be brought into just
and harmonious relations. Amere property career is not
the final destiny of mankind, if progress is to be the law
of the future as it has been of the past. Tfte time which
has passed away since civilization began is but a fragment
of the past duration of man's existence ; and but a frag-
ment of the ages yet to come. The dissolution of society
bids fab- to become the termination of a career of which
such a career con-
property is the end and aim ; because
tains the elements of self-destruction. Democracy in
torernmeift, brotherhood in society, equality in rights
 8OC1BTY

and privileges, and universal education, foreshadow thf

nxt higher plane of society to which experience, intel*

ligence and knowledge are steadily tending. be a

It will
revival, in ahigher form, of the liberty, equality and
fraternity of the ancient gentes.
Some of the principles, and some of the results of the
growth of the idea of property in the human mind have
now been presented. Although the subject has been inad-
equately treated, its importance at least has been shown.
With one principle of intelligence and one physical
form, in virtue of a common origin, the results of human
experience have been substantially the same in all times
and areas in the same ethnical status.
The principle of intelligence, although conditioned in
its powers within narrow limits of variation, seeks ideal
standards invariably the same. Its operations, conse-

quently, have been uniform through all the stages of

human progress. No argument for the unity of origin of
mankind can be made, which, in its nature, is more
satisfactory. A common principle of intelligence meets
us in the savage, in the barbarian, and in civilized man.
It was in virtue of this that mankind were able to produce
in similar conditions the same implements and utensils,
the same inventions, and to develop similar institutions
from the same original germs of thought. There is some-
thing grandly impressive in a principle which has
wrought out civilization by assiduous application from
small beginnnings from the arrow head, which expresses
;

the thought m the brain of a savage, to the smelting of

iron ore, which represents the higher intelligence of the
barbarian, and, finally, to the railway train in motion,
which may be called the triumph of civilization.
It must be regarded as a marvelous fact that a portion
of mankind five thousand years ago, less or more, attained
to civilization. In strictness but two families, the Semitic
and the Aryan, accomplished the work through unassisted
self-development. The Aryan family represents the cen*
tf&l stream of human progress,, because it produced the

highest typft of mankind, and because it has proved its

sic superiority by gradually -assuming the cwtrq|
 THE THREE RULES OP INHERITANCE 568

of the earth. And yet civilization must be regarded as an

accident of circumstances. Its attainment at some time
was certain; but that it should have been accomplished
when it was, is still an extraordinary fact. The hindrances
that held mankind in savagery were great, and surmount-
ed with difficulty. After reaching the Middle Status of
barbarism, civilization hung in the balance while barbar-
ians were feeling their way, by experiments with the
native metals, toward the process of smelting iron ore.
Until iron and its uses were known, civilization was im-
possible. If mankind had failed to the present hour to
cross this barrier, it would have afforded no just cause
for surprise. When we recognize the duration of man's
existence upon the earth, the wide vicissitudes through
which he has passed in savagery and in barbarism, and
the progress he was compelled to make, civilization might
as naturally have been delayed for several thousand years
in the future, as to have occurred when it did in the good
providence of God. We are forced to the conclusion that
it was the result, as to the time of its achievement, of a

series of fortuitous circumstances. It may well serve to

remind us that we owe our present condition, with its
multiplied means of safety and of happiness, to the
struggles, the sufferings, the heroic exertions and the
patient toil of our barbarous, and more remotely, of our
savage ancestors. Their labors, their trials and their suc-
cesses were a part of the plan of the Supreme Intelligence
to develop a barbarian out of a savage, and a civilized
man out of this barbarian.
 INDEX
tent of territorial domina-
tion, 198. Population of
Abipones, 188. Valley of Mexico, 200. Of
Adair, James, 15. 77. note; 83, Pueblo, of Mexico, 201. Qsn-
539. tes and phratries, 202. Own-
Adams, Prof. Henry, 280. ership of lands in common.
Adoption, ceremony of, among 206. Council of Chiefs, 209.
IroquoiB, 81. note; Office of Teuctli, or principal
Age of Stone, of Bronze, and war-chief. 212. Aztec mon-
of Iron, 8. archy a fiction, 219.
Algonkin tribes. 169.
Alphabet, phonetic, 10. Its
invention, 81, note.
Animals, their domestication,
11. 42.
Arcnon, office of, 268.
Arickarees, 169. O
Aristocracy. Its rise, 267. Bancroft. H. H., 181.
Army organization in gentile Barbarism, period of, 41. In-
society, by gentes, by phra- ventions and discoveries in
tries, and by tribes, 244. In Later Period, 82. In Middle
Athenian political society by Period. 33. in Older Period.
property classes. 272. In m
0V' *ntl ln
Roman by
Arts
same, 343.
of subsistence, 19. 1.
th'is e"V'
Basileus. 253.
Probably elect-
Fruits and Roots, 20. 2. Fish. ive. 255. Office without civil
21. 3. Farinaceous Food, 22. functions, 258.
4. Meat and Milk, 24.
Office of
Field Roman Rex elective. 169.
Agriculture, 26. Each a general, with tne ad-
Arrawaks, 187. ditional functions of a priest
Aryan, Family of, 38. System and Judge, 266. Aristotle's
of 'consanguinity and affin-
ity, 491.
definition. 258. Early Grec-
Table, 600. ian governments military
Assembly of the people, 121, democracies. 268, 282. Ro-
122. Agora of Athenians. mans under the reges the
262. Comitla Curiata of the same, 259. Office of biuileus
Romans, 324, 349. Comitla abolished by the Athenians.
Centurlata, 240, 342. 267. 282. Of rex by the Ro-
Ashangos, 382. mans, 328.
AthapascoApache Tribes, 179. Basilela. 26*.
Australian organization on Becker. Prof. W. A. Family
basis of sex, 47. Classes, of ancient Greeks, 482. noti
60, Descents, 65, note. Of Romans. 486, note.
Aztec Confederacy, 191. Of BlaokfMt tribes, 176.
three Nahuatlac tribes, 194. Blood revtngt, 77. 1.46.
When sstaWished, 197. Ex- Bow and arrow; its ion*
 created an epoch, 10. Difficult forms: one claaslncatory,
to invent, 21, note. the* other descriptive, 408.
Burial place of gens. Usually Nature of a system of con-
common among Indian tribe*, sanguinlty. 404. Its perm-
83. Of Tuacaroras, 84. anence, 411, 417. Details of
Byington, Rev. Dr. Cyrus, 166. Malayan system, 412. Rela-
tives in categories, 415. Its
origin, 418. Details of Gano-
wanian and Turanian, 444.
Cameron, Mr. A. S. P., 886. Origin of system, 418. Aryasj
Categories of of relatives: system, 493. Its origin, 492.
Hawalians, 414. Of Chinese, Communism in living, 454,
425. In Tinueus of Plato*
426. Coulanges, M. De. His work,
Cayugas, rentes, 69. Phra- The Ancient City," 241, 247,
triea, 91. 558.
Chief, office of, elective, 71, Council of Chiefs, 121. Iro-
148.Headchlef of tribe. 120. quois Council invested chiefs
Described M
* lord, 208. No with office, 138, 144. Manner
analogy, ib. Chief of Grec- of convening, 139, note.
ian geRS, 269. Manner of transacting bus*
Cherokee*, 168. inesa. 141. Unanimity re-
Chickasas, gentes, 167. Phra- quired. Axtec Council,
142.
tries. Ib. 209. Grecian Council, 280. Its
Choctas, gentes, 166. Phratrles, universality, 251. Roman
Comitia, 826. Senate, 316,
CtvfUxation. Period of. Its Oemftla Centuriatm. 840.
324.
contributions to knowledge, Cox, Prof. Edward P. Analysts
29, 30. of pottery of Mound Build-
Cleisthenes. Founder of second ers, 15.
great plan of government, Creeks. 166.
222, 261. His legislation. 277. Cree, 172.
Institution of Athenian po- Crows, 163.
litical Society, 277. The Curtius, Prof., 358.
Berne, or Township, Ib. Lo- Cushing, Mr. N. A., 3t, note.
cal tribe or county, 279.
Commonwealth
~ ~ or State* 279.
tants of each an or-
d rat-governing body Dakota tribes, 158.
______ c. 278, 279. Dane*. A form of worship
Coalescence of tribes in a na- amongIndian tribe*, lit.
tion, 187, 2*6. Delaware*. 191, 176.
Confederacy
'
of tribes, 124. Deme, or township of Athen-
Confederacy, 128. ians, 222.
organization and func- Democracy. Universal la Am-
ons, 180. Common gentes. cient Society and inherited
nd dialects of a common from the gentes. 72, ftO.
language its basis, 125. As- Liberty, equality, aad Ira*
tec Confederacy, lil. Urnity cardinal principles
Comanchet, 182. of the gens. 85. Athenian
Columbia. River, Valley of. Democracy, 260. 277*
Bfsoa land of GtanowJUUan Descent in female lino wbssi
family, 110, note. Its salmon gens is In archaic form. it.
fiSberf** broad roots, And In American Indian trots,
game. HO, note, 157-189. In male line, 159-
CVttttla CorUta, 215, 849. 160, 170-173, 175-117 How
Oftnturlatfc. 840, 342. Trlbuta, changed from female lino to
345. male, 364. Causes wfcAofc
Consanguine Family, 293. 410. produced the change In Orec-
ian gen tea. 356. Im female
tvm of, oloett. 19J5. Turanian line among Lyoians. 8C7.
and Oanowtwan, the second BtruscMis, 261. Views of Out*
groat form, *96. Aryan* Be- his, Sfil. Of Baohofem, fM.
Wiacatod UJ-aUan, thfrdirroat Among Mhesteas prior to
*TttMt!7 98. Systems natural Cecrops, 360. Required to
growths, 402. Two ultimate ,explain certain marrUfos,
 INDEX M9
361. Legend of Danaidte, Descent in male line, 222.
364. female line among
Ifi Rights, privileges, and obli-
Aehiras, Aponos, and Ashan- gations of its members, 228.
gos of Africa, 382. Banyi, Unit of the social system,
883. Bangalas, 384. 233. Roman gens, 285. Def-
Du Chaillu, 382. inition of a gentilis, 291.
Descent in male line, 292.
E. Rights, privileges, and obli-
gations of its members, 292.
Ethnical Periods, 8-13. Ad- Number of persons in a
,

! vantages of these subdivi- Roman gens, 307. Gentes in

sions, 16. Their relative other tribes of mankind,
length, 37. 368-390. Probable origin of
the the gens, 388.
Ephoralty of Spartans,
257. Gibbs, George, 180.
Erles, 128, note; 163-157. Government. First plan gen-
!
Etruscans, 287-358. tile and social, 6. Organic
series, gens, phratry, tribe,
and confederacy, with a final
coalescence of tribes in a
Family, the, Five successive nation, 47, 65. -First stage,
forms, 393. The consan- a government of one power,
393, 410. The punaluan,
the council of chiefs; second,
fulne, The syndyasmian of two powers, a council
93, 433.
or pairing, 394. 462. The pa- and a military commander;
triarchal, 394, 474. The mu- third, of three powers, a
nogamian, 394, 476. Con- council, a general, and an
sanguine family, origin of assembly of the people, 121,
relationship in, 419. Punalu- 122, 264. Second plan terri-
an family, origin of rela- torial and political, 6. Prop-
tionship in, 424. Syndyas- erty classes of Solon, 271.
mian, 462, 470. Patriarchal Attic Deme or township,
474. Mo no garni an family of 277. Registration in Deme,
ancient Germans, 479; of ib. Local tribe or county,
Homeric Greeks, 480, 483, 279. The state, 279. Athen-
note; of Romans, 485. Origin
ian democracy, 281. No chief
of relationship in, 492, 497. executive magistrate, 283.
Sequence of institutions con-
Roman political society, 332.
nected with the family, 506. Property classes of Servius
Freeman, Dr., on the organiza- Tullius, 340. The centuries,
tion of German tribes, 372,
842. "Comitia
Centuriata,"
note.
342. The census,
346. City
Ffson, Rev. Lorlmer, 14, 49, wards, 346. Registration In
412.
ward of residence, 346. Mu-
note; 52, 385, 386, of
nicipality Home, $49.
Transition from gentile into
political society, 360.
Ganowanian family, its name, Grote, on Grecian gentes,
356. phratries and tribes, 226-
Ganowanian system of con- 232, 236-238.His view of the
sanguinity and affinity, 441, early Grecian governments
444. Table, 456. erroneous, 254. His illustra-
Gentile organization, 61, 190. tion from the Iliad, 266.
institutions democratical,
219.
Gens of Australian tribes, 48-
64, of Iroquois, 61. Founded Hale, Horatio, 129, note; 167,
upon kin, 62, Definition of a note; 180.
Descent in female
66. Hart, Robert. <>n the hundred
Sens,
ne, Intermarriage in
67. families of the Chinese, $76.
the gens prohibited, 68. Hebrew tribes. iff. Marriage*
Rights, privileges, and obli- in early period indicate tien-
ga
#4.. .,
ations of its members, 70-
.Liberty, equality, and
fraternity, its cardinal prin-
85; Grecian g*ni,
,
tea, with descent in the fe-
male line, B76. Gentes and
phratries In the time of
*, $79.
Mo*
 INDEX

Hodenosaunian tribes, 157. guinity and affinity, its

House life, and plan of living origin. 418.
among savage and barbar- McLennan, Mr. J. P., 373, note ;
ous tribes deserve special 418. Note concerning his
study, 409, 464. work on "Primitive Mar-
riage," 616-531.
Mandans, 162.
Marriage, Australian scheme,
lOWas, 160. 62, 56. Hebrew, 378. Con-
Inventions and discoveries, sanguine, 410. Punaluan, 433.
Syndyasmian, 462. Monogam-
Iron, 13. Process of smelt* ian, 476.
s ins;, 43. Ancient side hill Menomlnees. 176.
furnaces in Switzerland, 42, Metals, native, 43.
note. Minnitarees, 162.
Iroquois, rentes, 41-69. Phra-
Miami*. 108, 172.
tries, 90-97. Tribes, 103. Con- Mississippi tribes, 172.
federacy, 124. Sachems of Missouri tribes, 169.
the general council, 151. Mohegan gentes, 178. Phra-
tries, 178
Mohawks, rt7.
Mommsen. Theodor. on domes*
tication of animals, 23. Fam-
'Jones, C. C., 14. note.
ily names, 77. On introduc-
tion of agriculture, 286, note.
Roman gens, 289. On gen-
Kaskaskias, 109. and tribal lands.
tile 299.
;Kaws, 107, 160. Montesuma. principal war-
Keepers of the faith in the chief of Aztec Confederacy,
Iroquois, 81. 212, Tenure and func-
213.
Kennlcott, Robert, 179. tions of the office, 212. His
Klkapoos, 175. seizure of Cortes. 117, note.
Kolushes. 180. His deposition br the Ax-
tecs, 217.
Monogamian Family. 394, 476L
Monarchy incompatible with
Lagunas, 185. gentilism, 126. 269.
Lands owned in common a- Moqui Village Indiana, 80. 188.
mong Indian tribes in Low- Mailer,Max, 28.
er Status of barbarism, 155- Munsees, 177.
178. With a possessory right
in individuals to occupied N
lands, 640. In common by Names of members of a gens,
Aztec rentes probably. 206. How The
77. bestowed, 78.
By Roman rentes, 298, 800, name conferred gentile
note; 661. Some by phra- rights. 79.
trlesand tribes. 300. Nation formed by coalescence
Latham, R. Q., 378, 374, 882. of tribes, 127, 249, 266.
Language, growth of, 6. Ques- Neutral nation, 163, 167.
tion of its origin, 36, note. Naucrarles of Athenians, 269.
Loekwood. Charles O. N., 286. Niebuhr, on Roman and Grec-
Locrians, hundred families of, ian gentile
381. questions, 289,
289. 295, 308, 306, 814, 822,
Lycians, descent in female 224.
324;
llne, 267, 263.
ubbock, Sir John, 14, 188,
; 876.
Ojibwas, 107, 170.
Omahas, 107, 169.
On.idai; 69.

Celtic groups of kinsmen on

.. n
Onondagas, gentes.
tries, 91.
Osages, 107.
69. Phra-

French estates, 369. His Osborn, Rev. John, Rotuman

a original researches, 514* system of consanguinity, 418,
Malayan system of consan- note; 416.
OtaWas, 172. Ota wa Confeder- 279. Government founded
acy, 108. upon territory and uoon
Otoes, 107. UO. property, Ib. Powers of reft-
tes, phratrles, and tribe*
transferred to the demes,
counties, or state, 279, 282.
Parkman, Francis, 157, note. No chief executive magis-
Patriarchal Family, 394, 474, trate, 283. Institution of Ro-
487.
man political society, 332,
352.
Patricians, Roman, 335, 838.
Pawnees, 169. Pottery, 13, 15, 16.
Peorias, 109.
Peschel, Oscar, 14, 422.
Phratry, its character, 88. Of
Iroquois, 90. Its functions,
94-97. Phratric organization Powell,' MaJ.' J. W., 546.
in American Indian tribes,
89, "et. seq." Of Athenians, Q
226. Obts of Spartans, 225.
Definition of Dikearchus, 243. Quappas, 407.
Objects of phratry, 242. Uses
in army organization, 295.
Phratriarch, 247. Blood re-
venge, 245. Roman "curia"
a phratry, 312. Its composi-
"
tion and functions, 313, 314. a Prof. Charles, 14, note.
S JJ'
Religious ideas, growth
Piankeshaws, 109. 5. of,
Plebeians, persons unconnect- Rellgfous rites, 81. 228, 297.
ed with any gens, 274. Un- Faith and worship of Amer-
attached class, at Athens, ican Indian tribes, 117.
274. Made citizens by Solon, Roman tribe, 823. State, 329,
275. Roman plebeians, 333, 340.
334. Home, founding of, 286, 318.
Potawattamies, 171. 319, 321.
Property, growth of, 5. Its Sachem, 70. Elective tenure
Inheritance. First Rule: In of the office, 71. Iroquois
American Indian tribes, 74, mode of electing and invest-
157, 538, 540; in Status of ing sachems, 144, 147. Az-
savagery, 535; in Lower Stat- tec sachems, 207.
us of barbarism, 638. Second Salish, Sahaptin, and Koote-
Rule, 641; Property in Mid- nay tribes, 181.
dle Status, 642; in Upper Savagery, its contributions to
Status, 549. Third Rule, 554; knowledge, 35. Formative
Hebrew Inheritance, 553, period of mankind. 40. Ame-
666: daughters of Zelophe- rican aborigines commenced
had, 556; Athenian inherit- their career In America In
ance, 658; Roman, 569; prop* savagery, 39.
erty career of civilized na- Sauks and Foxes, 174.
tions, 561. Sohooloraft, Henry R., on the
Polyandry, 418. word 'totem," 170.
Polygyny, 418. Scottish Clan, 368.
Political society, J34. Institu- Semitic family, 88.
tion of Athenian, 263. Ex- Senecas, Rentes, 69. Phratries,
periments of Theseus, 266, 90. Medicine Lodges, 97.
266. Draco, 270. Legisla- Sequence of institutions eon-
tion of Solon, 271. Property nected with the family, 606.
classes, Ib. Organization of Shawnees, 172.
army, 272. Legislation of Shoshones, 182.
CleUthenes. 277. Attic deme Society, gentile and political.
or township, ib. Inhabit- See 'Government,- and "Po
ants of each a body politic, litioal Society.
with powers of local self- South American Indian tribes,
government, 279. Local tribe 187.
or county, Ib. The Athenian Subsistence, Arts of, 19. Fish
Commonwealth or State, and game, 21. Farinaceous
 Valley of Columbia, seed land
of Qanowanian family, 110,
and note.
Village Indians, 1S5, 183.
Tapttn, Key. George, 33$.
TbWn*e*t*, center 101, 181.
Phratries, 101.
Thums, or gentes of Magars Wampum, belts of, their use,
of Nepaul, 373.
142, 145*
Totem. The symbol of a gens;
tins, the figure of a wolf 10 War-chief, germ of the office
the totem of the wolf cent, of a chief executive Magis-
trate, King, Emperor, and
Tribe, Indian. Definition of,
President, 131. 149. Princ-
104. Natural growth through ipal war-chiefs of Iroquois,
eft-mentation, 106, 127. At-
149. Office elective, ib. Of
tribute* of an American In- Aztecs, 213. Office of Teuctli
dian tribe, 118, 117. A then - elective, 217. Baa ileus of
>
ian tribe, 247. Roman Grecian tribes. 253. Prob-
tribe,
310, 820. ably elective, ib. Rex of
Turanian system of consan-
Roman tribes, 314. Nomi-
nated by the Senate, and
guinity and affinity, 444. Its elected by the "Com It U Cu-
origin, 481, 458. Remain* rlata." 315.
of y*tem in Grecian and
Roman tribes, 489.
Weaws. 109.
Tuscaroraa, ctntes, 6$. Phra- Winnebagpe*. 161.
tries, 98. 84. Wright, Rev. Ahur, 88. 464.
Burial-place, note.
Tylor, Mr. Edward note;
B., 13,
Wyandote*, 157.
14, liron the clans of tribes
in India, 374.
U
Upper Missouri tribes. ll. Zufli Village Indians, \18I.