Chapter II (3)

[364] _Vit. Tiberius_, cap. 1.

[365] _Hist. of Rome_, i, 256, 450.

[366] Smith’s _Dic., Articles Gens, Patricii, and Plebs _.

[367] _Dionysius_, ii, 8; Plutarch, _Vit. Rom._, xiii.

[368] _Ib._, ii, 8.

[369] Quum ille Romuli Senatus, qui constabat ex optimatibus, quibus ipse Rex tantum tribuisset, ut eos patres vellet nominari patriciosque eorum liberos, tentaret, etc.—_De Rep._, ii, 12.

[370] Patres certe ab honore, patriciique progenies eorum appellati.—_Liv._, i, 8.

[371] Hic centum homines electos, appellatosque Patres, instar habuit consilii publici. Hanc originem nomen Patriciorum habet.—_Velleius Paterculus_, i, 8.

[372] _Livy_, ii, 49.

[373] _History of Rome_, i, 246.

[374] _Ib._, i, 246.

[375] _Livy_, iv, 4.

[376] A plebe consensu populi consulibus negotium mandatur.—_Liv._, iv. 51.

[377]

Ἦν δὲ ἡ διανομὴ κατὰ τὰς τέχνας, αὐλητῶν, χρυσοχόων, τεκτόνων, βαφέων, σκυτοτόμων, σκυτοδεψῶν, χαλκέων, κεραμέων.—Plutarch, _Vit. Numa_, xvii, 20.

[378] The property qualification for the first class was 100,000 asses; for the second class, 75,000 asses; for the third, 50,000; for the fourth, 25,000; and for the fifth, 11,000 asses.—_Livy_, i, 43.

[379] _Dionysius_, iv, 20.

[380] _Ib._, iv, 16, 17, 18.

[381] _Livy_, i, 43.

[382] _De Rep._, ii, 20.

[383] _Dionysius_, iv, 16.

[384] _Livy_, i, 43.

[385] _Livy_, i, 43. But Dionysius places the equites in the first class, and remarks that this class was first called.—_Dionys._, iv, 20.

[386] _Livy_, i, 44; Dionysius states the number at 84,700.—iv, 22.

[387] Cicero, _De Rep._, ii, 20.

[388] Censum enim instituit, rem saluberrimam tanto futuro imperio: ex quo belli pacisque munia non viritim, ut ante, sed pro habitu pecuniarum fierent.—_Livy_, i, 42.

[389] _Dionysius_, iv, 15.

[390] _Dionysius_, iv, 14.

[391] _History of Rome_, _l. c._, Scribner’s ed., i, 136.

[392] _Dionysius_, iv, 15; Niebuhr has furnished the names of sixteen country townships, as follows: Aemilian, Camilian, Cluentian, Cornelian, Fabian, Galerian, Horatian, Lemonian, Menenian, Paperian, Romilian, Sergian, Veturnian, Claudian.—_Hist. of Rome_, i, 320, _note_.

[393] Rawlinson’s _Herodotus_, i, 173.

[394] If a Seneca-Iroquois man marries a foreign woman their children are aliens; but if a Seneca-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.

[395] _Description of Ancient Italy_, i, 153; citing _Lanzi_, ii, 314.

[396] _History of Greece_, Scribner & Armstrong’s ed., Ward’s 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 emigrants to Lycia where they displaced the Solymi, a Semitic tribe probably; but the Lycians had become Hellenized, like many other Pelasgian 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, 93; Grote, i, 224). It seems probable that descent in the female line was derived from their Pelasgian ancestors.

[397] _Das Mutterrecht_, Stuttgart, 1861.

[398] Bachofen, speaking of the Cretan city of Lyktos, remarks that “this city was considered a Lacedaemonian colony, and as 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. 13, p. 31.

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 females only.

[399] _Das Mutterecht_, ch. 38, p. 73.

[400] _Polybius_, xii, extract the second, Hampton’s Trans., iii, 242.

[401] ἀδελφὴν γὰρ ὁ πάππος οὑμὸς ἔγημεν οὐχ ὁμομητρίαν.—_Demosthenes contra Ebulides_, 20.

[402] Demosth., _Eubul._, 24: In his time the registration was in the Deme; but it would show who were the phrators, blood relatives, fellow demots and gennetes of the person registered; as Euxitheus says, λέγω φράτερσι, συγγενέσι, δημόταις, γεννήταις; vide also Hermann’s _Polit. Antiq. of Greece_, §. 100.

[403] _Prometheus_, 853.

[404] ἀλλ' αὐτογενεῖ φυξανορίᾳ,
γάμου Αἰγύπτου Παίδων ἀσεβῆ τ'
ὀνοταζόμεναι.—Aeschylus, _Supp._, 9.

[405] _Early History of Institutions_, Holt’s ed., p. 7.

[406] _Germania_, c. ii.

[407] _De Bell. Gall._, vi, 22.

[408] _Germania_, cap. 7. The line of battle, this author remarks, is formed by wedges. _Acies per cuneos componitur._—_Ger._, c. 6. Kohlrausch observes that “the confederates of one mark or hundred, and of one race or sept, fought united.”—_History of Germany_, Appletons’ ed., trans. by J. D. Haas, p. 28.

[409] _De Bell. Gall._, iv, 1. _Germania_, cap. 6.

[410] Dr. Freeman, who has studied this subject specially, remarks: “The lowest unit in the political system is that which still exists under various names, as the _mark_, the _geminde_, the _commune_, or the _parish_. 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 component element of a city commonwealth. In this stage the gens takes the form of an agricultural body, holding its common lands—the germ of the _ager publicus_ of Rome, and of the _folkland_ of England. This is the _markgenossenschaft_, the 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 _murd_ 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 _gens_, 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, geminden, whatever we call the lowest unit; the _shire_, the _gau_, the _pagus_, is made up of hundreds.”—_Comparative Politics_, McMillan & Co.’s ed., p. 116.

[411] _Descriptive Ethnology_, i, 80.

[412] McLennan’s _Primitive Marriage_, p. 109.

[413] Quoted in _Primitive Marriage_, p. 101.

[414] _Letter to the Author_, by Rev. Gopenath Nundy, a Native Bengalese, India.

[415] _Early History of Mankind_, p. 282.

[416] _Primitive Culture_, Holt & Co.’s ed., ii, 235.

[417] _Descriptive Ethnology_, i, 290.

[418] _Origin of Civilization_, 96.

[419] _Descriptive Ethnology_, i, 475.

[420] _Genesis_, xiii, 2

[421] _Genesis_, xxiii, 16.

[422] _Ib._, xviii, 6.

[423] _Ib._, xviii, 8.

[424] _Ib._, xxii, 6.

[425] _Ib._, xxiv, 53.

[426] _Ib._, xxiv, 65.

[427] _Ib._, xx, 12.

[428] _Genesis_, xi, 29.

[429] _Exodus_, vi, 20.

[430] _Numbers_, iii, 15-20.

[431] _Ib._, i, 22.

[432] _Ib._, iii, 30.

[433] _Ib._, ii, 2.

[434] Kiel and Delitzschs, in their commentaries on Exodus vi, 14, remark, that “‘father’s house’ was a technical term applied to a collection of families called by the name of a common ancestor.” This is a fair definition of a gens.

[435] 1 _Samuel_, xx, 6, 29.

[436] _Numbers_, i, 2.

[437] _Descript. Eth._, ii, 184.

[438] _Ashango Land_, Appletons’ ed., p. 425, et seq.

[439] _Travels in South Africa_, Appletons’ ed., ch. 30, p. 660.—“When a young man takes a liking for a girl of another village, and the parents have no objection to the match, he is obliged to come and live at their village. He has 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

[440] _Travels in South Africa_, p. 219.

[441] _Ib._, p. 471.

[442] _Ib._, p. 471.

[443] See also Taylor’s _Early History of Mankind_, p. 284.

[444] _Systems of Consanguinity_, etc., loc. cit., pp. 451, 482.

[445] _Missionary Herald_, 1853, p. 90.

[446] _Smithsonian Contributions to Knowledge_, vol. xvii.

[447] _Pandects_, lib. xxxviii, title x. De gradibus, et ad finibus et nominibus eorum: and _Institutes of Justinian_, lib. iii, title vi. De gradibus cognationem.

[448] Our term aunt is from _amita_, and uncle from _avunculus_. _Avus_, grandfather, gives _avunculus_ by adding the diminutive. It therefore signifies a ‘little grandfather.’ _Matertera_ is supposed to be derived from _mater_ and _altera_, = another mother.

[449] Herrera’s _Hist. of Amer._, i, 216, 218, 348.

[450] The Rotuman is herein for the first time published. It was worked out by the Rev. John Osborn, Wesleyan missionary at Rotuma, and procured and forwarded to the author by the Rev. Lorimer Fison, of Sydney, Australia.

[451] a as in ale; ä as a in father; ă as a in at; ǐ as i in it; ŭ as oo in food.

[452] _Systems of Consanguinity_, loc. cit., p. 445.

[453] _Ib._, pp. 525, 573.

[454] _Systems of Consanguinity_, etc., l. c., Table iii, pp. 542, 573.

[455] Among the Kafirs of South Africa, the wife of my father’s 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 consanguinity.

[456] _Races of Man_, Appleton’s ed. 1876, p. 232.

[457] Bingham’s _Sandwich Islands_, Hartford ed., 1847, p. 21.

[458] _Ib._, p. 23.

[459] _Systems of Consanguinity_, etc., p. 415.

[460] _Ib._, p. 432, where the Chinese system is presented in full.

[461] _Timæus_, c. ii, Davis’s trans.

[462] _Descent of Man_, ii, 360.

[463] The Ippais and Kapotas are married in a group. Ippai begets Murri, and Murri in turn begets Ippai; in like manner Kapota begets Mata, and Mata in turn begets Kapota; so that the grandchildren of Ippai and Kapota are themselves Ippais and Kapotas, as well as collateral brothers and sisters; and as such are born husbands and wives.

[464] _Historical Sketch of the Missions, etc., in the Sandwich Islands_, etc., p. 5.

[465] Uxores habent deni duodenique inter se communes, et maxime fratres cum fratribus parentesque cum liberis.—_De Bell. Gall._, v, 14.

[466] γυναῖκα μὲν γαμέει ἕκαστος, ταύτῃσι δὲ ἐπίκοινα χρέωνται.

[467] ἐπίκοινον δὲ τῶν γυναικῶν τὴν μίξιν ποιεῦνται, κασίγνητοί τε ἀλλήλων ἔωσι καὶ οἰκήïοι ἐόντες πάντες μήτε φθόνῳ μήτ' ἔχθεï χρέωνται ἐς ἀλλήλους.—Lib. iv, c. 104.

[468] Herrera’s _History of America_, l. c., i, 216. Speaking of the coast tribes of Brazil, Herrera further remarks that “they live in bohios, or large thatched cottages, of which there are about eight in every village, full of people, with their nests or hammocks to lye in.... They live in a beastly manner, without any regard to justice or decency.”—_Ib._, iv, 94. Garcilasso de la Vega gives an equally unfavorable account of the marriage relation among some of the lowest tribes of Peru.—_Royal Com. of Peru_, l. c., pp. 10 and 106.

[469] _Systems of Consanguinity and Affinity of the Human Family_, Smithsonian Contributions to Knowledge, vol. xvii.

[470] The late Rev. Ashur 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 taking in husbands, however, from the other clans; and sometimes, for a novelty, some of their sons bringing in their young wives until they felt brave enough to leave their mothers. Usually, 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 retreat 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 nomination of the chiefs also always rested with them.” These statements illustrate the gyneocracy discussed by Bachofen in “Das Mutterrecht.”

[471] _History of Mexico_, Phil. ed., 1817, Cullen’s trans., ii, 99.

[472] _Ib._, ii, 101.

[473] _History of America_, l. c., iii, 217.

[474] _History of America_., iv, 171.

[475] A case among the Shyans was mentioned to the author, by one of their chiefs, where first cousins had married against their usages. There was no penalty for the act; but they were ridiculed so constantly by their associates that they voluntarily separated rather than face the prejudice.

[476] Iron has been smelted from the ore by a number of African tribes, including the Hottentots, as far back as our knowledge of them extends. After producing the metal by rude processes acquired from foreign sources, they have succeeded in fabricating rude implements and weapons.

[477] The Asiatic origin of the American aborigines is assumed. But it follows as a consequence of the unity of origin of mankind—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.

[478] Famuli origo ab Oscis dependet, apud quo servus Famul nominabuntur, unde _familia_ vocata.—_Festus_, p. 87.

[479] Amico familiam suam, id est patrimonium suum mancipio dabat.—Gaius, _Inst._, ii, 102.

[480] _History of Rome_, l. c., 1, 95.

[481] Item in potestate nostra sunt liberi nostri, quos justis nuptiis procreauimus, quod jus proprium ciuium Romanorum est: fere enim nulli alii sunt homines, qui talem in filios suos habent potestatem, qualem nos habemus.—_Inst._, 1, 55. Among other things they had the power of life and death—jus vitæ necisque.

[482] _Germania_, c. 18.

[483] _Ib._, c. 19.

[484] _Iliad_, ix, 128.

[485] _Il._, ix, 663.

[486] 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 period, 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 being left to the mothers, and to nurses, and limited to spinning and weaving and other female avocations (p. 465); 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 gynæconitis, 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 maidens, 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 without 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 confinement (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 ordinary 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 assigned to her for that purpose by her husband (p. 469); that 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 chanced to be seen at the window by a man (p. 471); that marriage in reference to the procreation of children was considered by the Greeks a 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, nor was strong attachment a frequent cause of marriage (p. 473); that whatever attachment existed sprang from the soil of sensuality, and none other than sensual love was acknowledged between man and wife (p. 473); that at Athens, and probably in the other Grecian states as well, the generation of children was considered the chief end of marriage, the choice of the bride seldom depending on previous, or at least intimate acquaintance; and more attention was paid to the position of the damsel’s family, and the amount of her dowry, than to her personal qualities; that such marriages were unfavorable to the existence of real affection, wherefore coldness, indifference, and discontent frequently prevailed (p. 477); that the husband 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 symposia of the men, or of being present when her husband accidentally brought home a friend to dinner (p. 490); that 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 supposed 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 the duty of continence in a very unequal manner, for while the husband required from the wife the strictest fidelity, and visited with severity any dereliction on her part, he allowed himself to have intercourse with hetæræ, which conduct, though not exactly approved, did not meet with any marked censure, and much less was it considered any violation of matrimonial rights (p. 494).

[487] _Vit. Rom._, c. 20.

[488] Quinctilian.

[489] With respect 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 conjecture; but “when morals began to deteriorate, we first meet with great lapses from this fidelity, and men and women outbid each other in wanton indulgence. The original modesty of the women became gradually more rare, while luxury and extravagance waxed stronger, and of many women it could be said, as Clitipho complained of his Bacchis (Ter., _Heaut._, ii, 1, 15), _Mea est petax, procax, magnifica, sumptuosa, nobilis._ 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 all times. As a natural consequence of this, celibacy continually increased amongst the men, and there was the greatest levity respecting divorces”—Gallus, _Excursus_, i, p. 155, Longman’s ed., Metcalfe’s trans.

[490] _Systems of Consanguinity_, Table I, p. 79.

[491] _Systems of Consanguinity_, etc., p. 40.

[492] _Pandects_, lib. xxviii, tit. x, and _Institutes_ of Justinian, lib. iii, tit. vi.

[493] Item fratres patrueles, sorores patrueles, id est qui quæ-ve ex duobus fratribus progenerantur; item consobrini consobrinæ, id est qui quæ-ve ex duobus sororibus nascuntur (quasi consorini); item amitini amitinæ, id est qui quæ-ve ex fratre ex sorore propagantur; sed fere vulgos istos omnes communi appellatione consobrinus vocat.—_Pand._, lib. xxxviii, tit. x.

[494] It is a revision of the sequence presented in _Systems of Consanguinity_, etc., p. 480.

[495]

μῖξιν δὲ ἐπίκοινον τῶν γυναικῶν ποιέονται, οὔτε συνοικέοντες κτηνηδόν τε μισγόμενοι.—Lib. iv, c. 180.

[496] Garamantes matrimonium exsortes passim cum femines degunt.—_Nat. Hist._, lib. v, c. 8.

[497]—καὶ φανερῶς μίσγεσθαι ταῖς τε ἄλλαις γυναιξὶ καὶ μητράσι καὶ ἀδελφαὶς.—Lib. iv. c. 5, § 4.

[498] Lib. xvi. c. 4, § 25.

[499] “The _Tables_, however, are the _main results_ of this investigation. In their importance and value they reach beyond any present use of their contents the writer may be able to indicate.”—_Systems of Consanguinity_, _etc._, Smithsonian Contributions to Knowledge, vol. xvii, p. 8.

[500] _Descriptive Ethnology_, Lond. ed., 1859, i, 475.

[501] _Ib._, i, 80.

[502] _League of the Iroquois_, p. 364.

[503] For example, the Ojibwas used the lance or spear, She-mä′-gun, pointed with flint or bone.

[504] The Creeks made earthen vessels holding from two to ten gallons (Adair’s _History of American Indians_, p. 424); and the Iroquois ornamented their jars and pipes with miniature human faces attached as buttons. This discovery was recently made by Mr. F. A. Cushing, of the Smithsonian Institution.

[505] Herrera, l. c., iv, 16.

[506] _Ib._, iii, 13; iv, 16, 137. Clavigero, ii, 165.

[507] Clavigero, ii, 238. Herrera, ii, 145; iv, 133.

[508] _Hakluyt’s Coll. of Voyages_, l. c., iii, 377.

[509] The Rev. Samuel Gorman, a missionary among the Laguna Pueblo Indians, remarks in an address before the Historical Society of New Mexico (p. 12), that “the right of property belongs to the female part of the family, and descends in that line from mother to daughter. Their land is held in common, as 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 the community_.... Their women, generally, have control of the granary, and they are more provident than their Spanish neighbors about the future. Ordinarily they try to have a year’s provisions on hand. It is only when two years of scarcity succeed each other, that Pueblos, as a community, suffer hunger.”

[510]

Σεμνύνεται γὰρ Σόλων ἐν τούτοις, ὅτι τῆς τε προϋποκείμενης γῆς Ὅρους ἀνεῖλε πολλαχῆ πεπηγότας· πρόσθεν δὲ δουλεύουσα, νῦν ἐλευθέρα.

—Plutarch, _in Solon_, c. xv.

[511] _Iliad_, v, 90.

[512] _Ib._, ix, 577.

[513] _Ib._, xiv, 121.

[514] _Ib._, v, 265.

[515] _Ib._, iv, 433, Buckley’s trans.

[516] _Ib._, vii, 472, Buckley’s trans.

[517] _Iliad_, xii, 274.

[518] The German tribes 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 ownership in lands. According to the account of Cæsar, elsewhere cited, the arable lands were allotted annually 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.

[519] _Genesis_, xxiii, 13.

[520] _Numbers_, xxxvi, 4.

[521] _Numbers_, xxxvi, 5-9.

[522] _Ib._, xxxvi, 11.

[523] _Ib._, xxvii, 8-11.

[524] _The Ancient City_, Lee & Shepard’s ed., Small’s trans., p. 99.

[525] _Demosthenes against Eubul._, 41.

[526] Εὐδοκίμησε δὲ κἀν τῷ περὶ διαθηκῶν for νόμῳ· πρότερον γὰρ οὐκ ἐξῆν, ἀλλ' ἐν τῷ γένει τοῦ τεθνηκότος ἔδει τὰ χρήματα καὶ τὸν οἶκον καταμένειν, ὁ δ' ᾧ βούλεταί τις ἐπιτρέψας, εἰ μὴ παῖδες εἶεν αὐτῷ, δοῦναι τὰ αὑτοῦ, φιλίαν τε συγγενείας ἐτίμησε μᾶλλον καὶ χάριν ἀνάγκης, καὶ τὰ χρήματα κτήματα τῶν ἐχόντων ἐποίησεν.—Plutarch, _Vita Solon_, c, 21.

[527] Livy, iii, 54, 57.

[528] Intestatorum hereditates lege xii tabularum primum ad suos heredes pertinent.—Gaius, _Inst._, iii, 1. Si nullus sit suorum heredum, tunc hereditas pertinet ex eadem lege xii tabularum ad adgnatos.—_Ib._, iii, 9. Si nullus agnatus sit, eadem lex xii tabularum gentiles ad hereditatem uocat.—_Ib._, iii, 17.

INDEX.

A

Abipones, 183.

Adair, James, 15, 77, note; 83, 530.

Adams, Prof. Henry, 273.

Adoption, ceremony of, among Iroquois, 81, note.

Age of Stone, of Bronze, and of Iron, 8.

Algonkin tribes, 165.

Alphabet, phonetic, 12.
Its invention, 31, note.

Animals, their domestication, 11, 42.

Archon, office of, 261.

Arickarees, 165.

Aristocracy.
Its rise, 260.
Its future, 549.

Army organization in gentile society, by gentes, by phratries,
and by tribes, 237.
In Athenian political society by property classes, 265.
In Roman by same, 334.

Arts of subsistence, 19.
1. Fruits and Roots, 20.
2. Fish, 21.
3. Farinaceous Food, 22.
4. Meat and Milk, 24.
Field Agriculture, 26.

Arrawaks, 182.

Aryan, Family of, 39, 468.
System of consanguinity and affinity, 484.
Table, 493.

Assembly of the people, 119, 120.
Agora of Athenians, 245.
_Comitia Curiata_ of the Romans, 315, 340.
_Comitia Centuriata_, 331, 333.

Ashangos, 371.

Athapasco-Apache Tribes, 175.

Australian organization on basis of sex, 50.
Classes, 52.
Descents, 57, note.

Aztec Confederacy, 186.
Of three Nahuatlac tribes, 189.
When established, 192.
Extent of territorial domination, 193.
Population of Valley of Mexico, 195.
Of Pueblo, of Mexico, 196, note.
Gentes and phratries, 197.
Ownership of lands in common, 200.
Council of Chiefs, 203.
Office of Teuctli, or principal war-chief, 206.
Aztec monarchy a fiction, 213.

B

Bachofen, Das Mutterrecht, 349, 350, 573, note.

Bandelier, Ad. F., 200, 201, note; 203, note.

Bancroft, H. H., 176.

Barbarism, period of, 42.
Inventions and discoveries in Later Period, 32.
In Middle Period, 33.
In Older Period, 35.
Great achievements in this Period, 42.

Basileus, 246.
Probably elective, 248.
Office without civil functions, 252.
Office of Roman Rex elective, 253.
Each a general, with the additional functions of a priest
and judge, 250.
Aristotle’s definition, 251.
Early Grecian governments military democracies, 252, 274.
Romans under the _reges_, the same, 253.
Office of basileus abolished by the Athenians, 260, 274.
Of rex by the Romans, 319.

Basileia, 249.
Aristotle’s definition, 256.

Becker, Prof. W. A. Family of ancient Greeks, 475, note.
Of Romans, 478, note.

Blackfeet tribes, 171.

Blood revenge, 77, 238.

Bow and arrow; its invention created an epoch, 10.
Difficult to invent, 21, note.

Burial place of gens.
Usually common among Indian tribes, 83.
Of Tuscaroras, 84.

Byington, Rev. Dr. Cyrus, 162.

C

Cameron, Mr. A. S. P., 375.

Categories of relatives: of Hawaiians, 405.
Of Chinese, 416.
In Timæus of Plato, 417.

Cayugas, gentes, 70.
Phratries, 91.

Chief, office of, elective, 72, 145.
Head-chief of tribe, 118.
Described as a lord, 202.
No analogy, ib.
Chief of Grecian gens, 261.

Cherokees, 164.

Chickasas, gentes, 163.
Phratries, ib.

Choctas, gentes, 161.
Phratries, 99.

Civilization, Period of.
Its contributions to knowledge, 30, 31.

Cleisthenes.
Founder of second great plan of government, 216, 254.
His legislation, 270.
Institution of Athenian political Society, 270.
The Deme, or Township, ib.
Local tribe or county, 271.
Commonwealth or State, 272.
Inhabitants of each an organized self-governing body politic, 270-272.

Coalescence of tribes in a nation, 135, 259.

Confederacy of tribes, 122.
Iroquois Confederacy, 126.
Its organization and functions, 128.
Common gentes, and dialects of a common language its basis, 123.
Aztec Confederacy, 186.

Comanches, 177.

Columbia River, Valley of.
Seed land of Ganowánian family, 108, note.
Its salmon fisheries, bread roots, and game, 109, note.

_Comitia Curiata_, 315, 340.
_Centuriata_, 331, 333.
_Tributa_, 336.

Consanguine Family, 384, 401.

Consanguinity, Malayan system of, oldest, 385.
Turanian and Ganowánian, the second great form, 386.
Aryan, Semitic, and Uralian, third great form, 388.
Systems natural growths, 393.
Two ultimate forms: one classificatory, the other descriptive, 394.
Nature of a system of consanguinity, 395.
Its permanence, 402, 408.
Details of Malayan system, 404.
Relatives in categories, 407.
Its origin, 410.
Details of Ganowánian and Turanian, 435.
Origin of system, 422.
Aryan system, 485.
Its origin, 490.

Communism in living, 446, 453.

Coulanges, M. De. His work, “The Ancient City,” 234, 240, 549.

Council of Chiefs, 119.
Iroquois Council invested chiefs with office, 136, 141.
Manner of convening, 137, note.
Manner of transacting business, 139.
Unanimity required, 140.
Aztec Council, 203.
Grecian Council, 243.
Its universality, 244.
Roman _Comitia_, 298.
Senate, 307, 315.
_Comitia Centuriata_, 331.

Cox, Prof. Edward F. Analysis of pottery of Mound Builders, 15.

Creeks, 160.

Crees, 167.

Crows, 159.

Curtius, Prof., 348.

Cushing, Mr. N. A., 530, note.

D

Dakota tribes, 154.

Dance. A form of worship among Indian tribes, 116.

Delawares, 101, 171.

Deme, or township of Athenians, 217.

Democracy.
Universal in Ancient Society and inherited from the gentes, 73, 253.
Liberty, equality, and fraternity cardinal principles of the gens, 85.
Athenian Democracy, 253, 270.

Descent in female line when gens is in archaic form, 67.
In American Indian tribes, 153-183.
In male line, 155-157, 166-169, 171-182.
How changed from female line to male, 344.
Causes which produced the change in Grecian gentes, 345.
In female line among Lycians, 347.
Etruscans, 348.
Views of Curtius, 348.
Of Bachofen, 349.
Among Athenians prior to Cecrops, 350.
Required to explain certain marriages, 351.
Legend of Danaidæ, 354.
In female line among Ashiras, Aponos, and Ashangos of Africa, 371.
Banyi, 372.
Bangalas, 373.

Du Chaillu, 371.

E

Ethnical Periods, 8-13.
Advantages of these subdivisions, 16.
Their relative length, 38.

Ephoralty of the Spartans, 250.

Eries, 126, note; 149-153.

Etruscans, 279, 348.

F

Family, the, Five successive forms, 384.

The consanguine, 384, 401.
The punaluan, 384, 424.
The syndyasmian or pairing, 384, 453.
The patriarchal, 384, 465.
The monogamian, 384, 468.
First, second, and fifth radical, creating three systems of consanguinity
and affinity, 324.
Consanguine family, origin of relationship in, 410.
Punaluan family, origin of relationship in, 422.
Syndyasmian, 453-461.
Patriarchal, 465.
Monogamian family of ancient Germans, 471;
of Homeric Greeks, 472, 475, note;
of Romans, 477.
Origin of relationship in, 485-490.
Sequence of institutions connected with the family, 498.

Freeman, Dr., on the organization of German tribes, 361, note.

Fison, Rev. Lorimer, 14, 51, note; 54, 374, 375, 403.

G

Ganowánian family, its name, 152.

Ganowánian system of consanguinity and affinity, 432, 435.
Table, 447.

Gentile organization, 62, 185.
Institutions democratical, 212.

Gens of Australian tribes, 51-56,
of Iroquois, 62.
Founded upon kin, 63.
Definition of a gens, 67.
Descent in female line, 68.
Intermarriage in the gens prohibited, 69.
Rights, privileges, and obligations of its members, 71-84.
Liberty, equality, and fraternity, its cardinal principles, 85.
Grecian gens, 215.
Descent in male line, 216.
Rights, privileges, and obligations of its members, 222.
Unit of the social system, 226.
Roman gens, 277.
Definition of a gentilis, 283.
Descent in male line, 284.
Rights, privileges, and obligations of its members, 285.
Number of persons in a Roman gens, 299.
Gentes in other tribes of mankind, 357-379.
Probable origin of the gens, 377.

Gibbs, George, 175, 176.

Government.
First plan gentile and social, 6.
Organic series, gens, phratry, tribe, and confederacy, with a final
coalescence of tribes in a nation, 49, 66.
First stage, a government of one power, the council of chiefs; second,
of two powers, a council and a military commander; third, of three
powers, a council, a general, and an assembly of the people, 119, 120, 257.
Second plan territorial and political, 6.
Property classes of Solon, 264.
Attic Deme or township, 270.
Registration in Deme, ib.
Local tribe or county, 271.
The state, 272.
Athenian democracy, 273.
No chief executive magistrate, 275.
Roman political society, 322.
Property classes of Servius Tullius, 331.
The centuries, 333.
_Comitia Centuriata_, 333.
The census, 336. City wards, 337.
Registration in ward of residence, 336.
Municipality of Rome, 339.
Transition from gentile into political society, 340.

Grote, on Grecian gentes, phratries and tribes, 220-228, 230-232.
His view of the early Grecian governments erroneous, 247.
His illustration from the Iliad, 248.

H

Hale, Horatio, 127, note; 153, 175.

Hart, Robert. On the hundred families of the Chinese, 364.

Hebrew tribes, 366.
Marriages in early period indicate gentes, with descent in the female
line, 367.
Gentes and phratries in the time of Moses, 368.

Hodenosaunian tribes, 153.

House life, and plan of living among savage and barbarous tribes deserve
special study, 399, 446.

I

Iowas, 156, 166.

Inventions and discoveries, 29, 45.

Iron, 11.
Process of smelting, 43.
Ancient side hill furnaces in Switzerland, 43, note.

Iroquois, gentes, 63-70.
Phratries, 90-97.
Tribes, 102.
Confederacy, 122.
Sachems of the general council, 150.

J

Jones, C. C., 14, note.

K

Kaskaskias, 107.

Kaws, 106, 156.

Keepers of the faith in the Iroquois, 82.

Kennicott, Robert, 175.

Kikapoos, 170.

Kolushes, 175.

L

Lagunas, 180.

Lands owned in common among Indian tribes in Lower Status
of barbarism, 151-174.
With a possessory right in individuals to occupied lands, 530.
In common by Aztec gentes probably, 200.
By Roman gentes, 290, 292, note; 541.
Some by phratries and tribes, 292.

Latham, R. G., 362, 364, 371.

Language, growth of, 5.
Question of its origin, 36, note.

Lockwood, Charles G. N., 375.

Locrians, hundred families of, 350.

Lycians, descent in female line, 347, 348.

Lubbock, Sir John, 14, 183, 364.

M

Magars of Nepaul, 362.

Maine, Sir Henry, 227.
On Celtic groups of kinsmen on French estates, 358.
His original researches, 507.

Malayan system of consanguinity and affinity, its origin, 410.

McLennan, Mr J. F., 362, 409.
Note concerning his work on “Primitive Marriage,” 509-521.

Mandans, 158.

Marriage, Australian scheme, 53, 57.
Hebrew, 410.
Consanguine, 401.
Punaluan, 424.
Syndyasmian, 453.
Monogamian, 468.

Menominees, 170.

Metals, native, 44.

Minnitarees, 158.

Miamis, 107, 168.

Mississippi tribes, 168.

Missouri tribes, 155.

Mohegan gentes, 173.
Phratries, 174.

Mohawks, 125.

Mommsen, Theodor, on domestication of animals, 23.
Family names, 78.
On introduction of agriculture, 277, note.
Roman gens, 281.
On gentile and tribal lands, 291.

Montezuma, principal war-chief of Aztec Confederacy, 206, 207.
Tenure and functions of the office, note.
His seizure of Cortes, 211, note.
His deposition by the Aztecs, 211.

Monogamian Family, 384, 468.

Monarchy incompatible with gentilism, 124, 252.

Moqui Village Indians, 86, 179.

Müller, Max, 23.

Munsees, 173.

N

Names of members of a gens, 78.
How bestowed, 79.
The name conferred gentile rights, ib.

Nation formed by coalescence of tribes, 135, 242, 259.

Neutral nation, 149, 153.

Naucraries of Athenians, 262.

Niebuhr, on Roman and Grecian gentile questions, 23, 281, 287,
292, note; 295, 298, 305, 313, 315, 325.

O

Ojibwas, 106, 166.

Omahas, 106, 155.

Oneidas, 70.

Onondagas, gentes, 70.
Phratries, 91.

Osages, 106.

Osborn, Rev. John, Rotuman system of consanguinity, 403, note; 419.

Otawas, 167.
Otawa Confederacy, 106.

Otoes, 106, 156.

P

Parkman, Francis, 153, note.

Patriarchal Family, 384, 465, 480.

Patricians, Roman, 326, 330.

Pawnees, 164.

Peorias, 107.

Peschel, Oscar, 14, 413.

Phratry, its character, 89.
Of Iroquois, 90.
Its functions, 94-97.
Phratric organization in American Indian tribes, 90 _et seq._
Of Athenians, 220.
Obês of Spartans, 219.
Definition of Dikæarchus, 236.
Objects of phratry, 237.
Uses in army organization, 287.
Phratriarch, 240.
Blood revenge, 238.
Roman _curia_ a phratry, 303.
Its composition and functions, 304, 305.

Piankeshaws, 107.

Plebeians, persons unconnected with any gens, 266.
Unattached class, at Athens, 267.
Made citizens by Solon, 268.
Roman plebeians, 324, 325.

Potawattamies, 166, 167.

Property, growth of, 6.
Its inheritance. First Rule: In American Indian tribes, 75, 153, 185,
528, 530;
in Status of savagery, 526;
in Lower Status of barbarism, 528.
Second Rule, 531: Property in Middle Status, 540;
in Upper Status, ib.
Third Rule, 544: Hebrew inheritance, 545, 547;
daughters of Zelophehad, 546;
Athenian inheritance, 548;
Roman, 550;
property career of civilized nations, 522.

Polyandry, 409.

Polygyny, 404.

Political society, 218.
Institution of Athenian, 256.
Experiments of Theseus, 258, 259.
Draco, 263.
Legislation of Solon, 264.
Property classes, ib.
Organization of army, 265.
Legislation of Cleisthenes, 270.
Attic deme or township, ib.
Inhabitants of each a body politic, with powers of local
self-government, 271.
Local tribe or county, ib.
The Athenian Commonwealth or State, 272.
Government founded upon territory and upon property, ib.
Powers of gentes, phratries, and tribes transferred to the demes,
counties, or state, 272, 274.
No chief executive magistrate, 275.
Institution of Roman political society, 323-342.

Pottery, 13, 15, 16.

Punaluan Family, 384, 424.
Of Hawaiians, 427.
Of Britons, 429.
Other tribes, 430, 431.

Punkas, 106, 155.

Powell, Maj. J. W., 536, 537.

Q

Quappas, 106.

R

Ratio of human progress, 29.
Geometrical, 38.

Raw, Prof. Charles, 14, note.

Religious ideas, growth of, 5.
Religious rites, 81, 222, 289.
Faith and worship of American Indian tribes, 115.

Roman tribe, 314.
State, 319, 331.

Rome, founding of, 278, 309, 310, 312.

S

Sachem, 71.
Elective tenure of the office, 72.
Iroquois mode of electing and investing sachems, 141, 144.
Aztec sachems, 202.

Salish, Sahaptin, and Kootenay tribes, 177.

Savagery, its contributions to knowledge, 36.
Formative period of mankind, 41.
American aborigines commenced their career in America in savagery, 40.

Sawks and Foxes, 170.

Schoolcraft, Henry R., on the word “totem,” 165.

Scottish Clan, 357.

Semitic family, 39.

Senecas, gentes, 70.
Phratries, 90.
Medicine Lodges, 97.

Sequence of institutions connected with the family, 498.

Shawnees, 168.

Shoshones, 177.

Society, gentile and political. See “Government,” and “Political Society.”

South American Indian tribes, 182.

Subsistence, Arts of, 19.
Fish and game, 26.
Farinaceous food, 22, 26.
Meat and milk, 24.
Made unlimited by field agriculture, 26.

Syndyasmian family, 384, 453.

T

Taplin, Rev. George, 374.

Thlinkeets, gentes, 101, 176.
Phratries, 101.

Thums, or gentes of Magars of Nepaul, 362.

Totem. The symbol of a gens; thus, the figure of a wolf is the totem
of the wolf gens, 165.

Tribe, Indian. Definition of, 103.
Natural growth through segmentation, 104, 125.
Attributes of an American Indian tribe, 112, 116.
Athenian tribe, 241.
Roman tribe, 302, 311.

Turanian system of consanguinity and affinity, 435.
Its origin, 422, 445.
Remains of system in Grecian and Roman tribes, 482.

Tuscaroras, gentes, 70.
Phratries, 93.
Burial-place, 84.

Tylor, Mr. Edward B., 13, 14, 182.
On the clans of tribes in India, 364.

U

Upper Missouri tribes, 158.

V

Valley of Columbia, seed land of Ganowánian family, 109, and note.

Village Indians, 151, 178.

W

Wampum, belts of, their use, 139, 142.

War-chief, germ of the office of a chief executive Magistrate, King,
Emperor, and President, 129, 146.
Principal war-chiefs of Iroquois, 146.
Office elective, ib.
Of Aztecs, 207.
Office of Teuctli elective, 210.
Basileus of Grecian tribes, 246.
Probably elective, ib.
Rex of Roman tribes, 300.
Nominated by the Senate, and elected by the _Comitia Curiata_, ib.

Weaws, 107.

Winnebagoes, 157.

Wright, Rev. Ashur, 83, 455.

Wyandotes, 153.

Z

Zuñi Village Indians, 178.