[193] Early History of Mankind, p. 287.

[194] Gen. Hist. of Amer., iv, 231.

[195] Early History of Mankind, p. 287.

[196] Indian Tribes of Guiana, p. 98; cited by Lubbock, Origin of Civilization, p. 98.

[197] The histories of Spanish America may be trusted in whatever relates to the acts of the Spaniards, and to the acts and personal characteristics of the Indians; in whatever relates to their weapons, implements and utensils, fabrics, food and raiment, and things of a similar character. But in whatever relates to Indian society and government, their social relations, and plan of life, they are nearly worthless, because they learned nothing and knew nothing of either. We are at full liberty to reject them in these respects and commence anew; using any facts they may contain which harmonize with what is known of Indian society.

[198] The Natural and Moral History of the East and West Indies, Lond. ed., 1604, Grimstone’s Trans., pp. 497-504.

[199] The Natural and Moral History of the East and West Indies, p. 499.

[200] General History of America, Lond. ed., 1725, Stevens’ Trans., iii, 188.

[201] History of Mexico, Philadelphia ed., 1817, Cullen’s Trans., i, 119.

[202] Herrera, Hist. of Amer., iii, 110.

[203] History of Mexico, loc. cit., i, 162.

[204] Clavigero, Hist. of Mex., i, 229: Herrera, iii, 312: Prescott, Conq. of Mex., i, 18.

[205] The Aztecs, like the Northern Indians, neither exchanged or released 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 utilize the life of the prisoner in the service of the gods, a life forfeited by the immemorial usages of savages and barbarians, was the high conception of the first hierarchy in the order of institutions. An organized priesthood first appeared among the American aborigines in the Middle Status of barbarism; and it stands connected with the invention of idols and human sacrifices, as a means of acquiring authority over mankind through the religious sentiments. It probably has a similar history in the principal tribes of mankind. Three successive usages with respect to captives appeared in the three sub-periods of barbarism. In the first he was burned at the stake, in the second he was sacrificed to the gods, 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 so deeply seated in the human mind that civilization and Christianity combined were required for its displacement.

[206] 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 mille habitans” (H. Ternaux-Compans, x, 92); but Gomora and Martyr wrote sixty thousand houses, and this estimate has been adopted by Clavigero (Hist. of Mex., ii, 360), by Herrera (Hist. of Amer., ii, 360), and by Prescott (Conq. of Mex., ii, 112). Solis says sixty thousand families (Hist. Conq. of Mex., l. c., i, 393). This estimate would give a population of 300,000, although London at that time contained but 145,000 inhabitants (Black’s London, p. 5). Finally, Torquemada, cited by Clavigero (ii, 360, note), boldly writes one hundred and twenty thousand houses. There can scarcely be a doubt that the houses in this pueblo were in general large communal, or joint-tenement houses, like those 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 Anonymous Conqueror came the nearest to a respectable estimate, because they did not much more than double the probable number.

[207] League of the Iroquois, p. 78.

[208] Herrera, iii, 194, 209.

[209] Herrera, ii, 279, 304: Clavigero, i, 146.

[210] Clavigero, i, 147; The four war-chiefs were ex officio members of the Council. Ib., ii, 137.

[211] Herrera, ii, 310.

[212] Herrera, iii, 194.

[213] Cronica Mexicana, De Fernando de Alvarado Tezozomoc, ch. li, p. 83, Kingsborough, v, ix.

[214] History of Mexico, ii, 141.

[215] History of America, iii, 314. The above is a retranslation by Mr. Bandelier from the Spanish text.

[216] Popol Vuh, Intro. p. 117, note 2.

[217] History of the Indies of New Spain and Islands of the Main Land, Mexico, 1867. Ed. by Jose F. Ramirez, p. 102. Published from the original MS. Translated by Mr. Bandelier.

[218] The Natural and Moral History of the East and West Indies, Lond. ed., 1604, Grimstone’s Trans., p. 485.

[219] History of America, iii, 224.

[220] Cronica Mexicana, cap. xcvii, Bandelier’s Trans.

[221] Ixtlilxochitl, Hist. Chichimeca, Kingsborough, Mex. Antiq. ix, p. 243.

[222] History of Mexico, ii, 132.

[223] “The title of Teuctli was added in the manner of a surname to the proper name of the person advanced to this dignity, 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 servant behind them with a seat, which was esteemed a privilege of the highest honor.”—Clavigero, ii, 137. This is a re-appearance of the sub-sachem of the Iroquois behind his principal.

[224] Historia Chichimeca, ch. xxxii, Kingsborough: Mex. Antiq., ix, 219.

[225] History of Mexico, l. c., ii, 136.

[226] Clavigero, ii, 126.

[227] Historia General, ch. xviii.

[228] In the West India Islands the Spaniards discovered that when they captured the cacique of a tribe and held him a prisoner, 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 gained. 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 principal chief, the office reverted to the tribe and was at once filled. But in these cases the prisoner remained alive, and in possession 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.

[229] History of Mexico, iii, 66.

[230] Ib., iii, 67.

[231] Clavigero, ii, 406

[232] Ib., ii, 404.

[233] Herrera, iii, 393.

[234] The phratries were not common to the Dorian tribes.—MÜller’s Dorians, Tufnel and Law’s Trans., Oxford ed., ii, 82.

[235] Hermann mentions the confederacies of Ægina, Athens, Prasia, Nauplia, etc.—Political Antiquities of Greece, Oxford Trans., ch. i, s. 11.

[236] “In the ancient Rhetra of Lycurgus, the tribes and obÊs are directed to be maintained unaltered: but the statement of O. MÜller and Boeckh—that there were thirty obÊs 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 obÊ, though we know that it was an old peculiar and lasting division among the Spartan people.”—Grote’s History of Greece, Murray’s ed., ii, 362. But see MÜller’s Dorians, l. c., ii, 80.

[238] History of Greece, iii, 53, et seq.

[239] History of Greece, iii, 60.

[240] Diogenes Laertius, Vit. Aristotle, v, 1.

[241] Political Antiquities of the Greeks, c. v, s. 100; and vide Eubulides of Demosthenes, 24.

[242] Historical Antiquities of the Greeks, Woolrych’s Trans., Oxford ed., 1837, i, 451.

[243] Political Antiquities, l. c., cap. v, s. 100.

[244] Charicles, Metcalfe’s Trans., Lond. ed., 1866, p. 477; citing Isaeus de Cir. her. 217: Demosthenes adv. Ebul., 1304: Plutarch, Themist., 32: Pausanias, i, 7, 1: Achill. Tat., i, 3.

[245] Hermann, l. c., v, s. 100 and 101.

[246] History of Greece, iii, 55.

[247] “We find the AsklepiadÆ in many parts of Greece—the AleuadÆ in Thessaly—the MidylidÆ, PsalychidÆ, BelpsiadÆ, EuxenidÆ, at Aegina—the BranchidÆ at Miletus—the NebridÆ at KÔs—the IamidÆ and KlytiadÆ at Olympia—the AkestoridÆ at Argos—the KinyradÆ at Cyprus—the PenthilidÆ at Mitylene—the TalthybiadÆ at Sparta—not less than the KodridÆ, EumolpidÆ, PhytalidÆ, LykomÊdÆ, ButadÆ, EuneidÆ, HesychidÆ, BrytiadÆ, 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 gens—Kodrus, Eumolpus, Butes, Phytalus, Hesychus, etc.”—Grote’s Hist. of Greece, iii, 62.

[248] History of Greece, iii, 62, et seq.

[249] Hist. of Greece, iii, 58, et seq.

[250] History of Greece, iii, 58.

[251] Wachsmuth’s Historical Antiquities of the Greeks, l. c., i, 449, app. for text.

[252] Iliad, ii, 362.

[253] Tacitus, Germania, cap. vii.

[254] Grote’s History of Greece, iii, 55. The Court of Areopagus took jurisdiction over homicides.—Ib., iii, 79.

[255] ???a de ?????? f?at???? p??sd??eta?.—Eum., 656.

[256] The Ancient City, Small’s Trans., p. 157. Boston, Lee & Shepard.

[257] Aristotle, Thucydides, and other writers, use the term basileia (as??e?a) for the governments of the heroic period.

[258] ????????? d? ??a ?a? t??t? t? ???? ??. t??? ???? as??e?s??, ?s?? te pat????? ????? pa?a????e? ?a? ?s??? ? p????? ??t? ?atast?sa?t? ??e??a?, ???e?t????? ?? ?? t?? ??at?st??, ?? ????? te ?a? ?? pa?a??tat?? t?? p???t?? a?t????s?? ?a? ??? ?spe? ?? t??? ?a?' ??? ??????? a???de?? ?a? ????????e? ?sa? a? t?? ???a??? as????? d??aste?a?.—Dionysius, 2, xii.

[260] Euripides, Orestes, 884.

[262] History of Greece, ii, 69.

[263] History of Greece, ii, 69, and Iliad, ii, 204.

[264] Mr. Gladstone, who presents to his readers the Grecian chiefs of the heroic age as kings and princes, with the superadded qualities of gentlemen, is forced to admit that “on the whole we seem to have the custom or law of primogeniture sufficiently, but not oversharply defined.”—Juventus Mundi, Little & Brown’s ed., p. 428.

[266] Smith’s Dic., Art. Rex, p. 991.

[267] Thucydides, i, 13.

[269] History of Greece, ii, 61, and see 69.

[270] Thucydides, lib. i, 2-13.

[271] Thucyd., lib. ii, c. 15. Plutarch speaks nearly to the same effect: “He settled all the inhabitants of Attica in Athens, and made them one people in one city, who before were scattered up and down, and could with difficulty be assembled on any urgent occasion for the public welfare.... Dissolving therefore the associations, the councils, and the courts in each particular town, he built one common prytaneum 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 common name of Athens.”—Plutarch, Vit. Theseus, cap. 24.

[272] “Of the nine archons, whose number continued unaltered from 683 B. C. to the end of the democracy, three bore special titles—the Archon Eponymus, from whose name the designation of the year was derived, and who was spoken of as the Archon, the Archon Basileus (King), or more frequently, the Basileus; and the Polemarch. The remaining six passed by the general name of ThesmothetÆ.... The Archon Eponymus determined all disputes relative to the family, the gentile, and the phratric relations: he was the legal protector of orphans and widows. The Archon Basileus (or King Archon) enjoyed competence in complaints respecting offenses against the religious sentiment and respecting homicide. The Polemarch (speaking of times anterior to KleisthenÊs) was the leader of military force, and judge in disputes between citizens and non-citizens.”—Grote’s History of Greece, l. c., iii, 74.

[273] Public Economy of Athens, Lamb’s Trans., Little & Brown’s ed., p. 353.

[274] History of Greece, iii, 65.

[275] History of Greece, iii, 133.

[276] The Latin tribus = 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 Athenian local tribes, the term tribe lost its numerical quality, and came, like the phylon of Cleisthenes to be a local designation.—Vide Mommsen’s Hist. of Rome, l. c., i, 71.

[277] Anglo Saxon Law, by Henry Adams and others, pp. 20, 23.

[278] See particularly the Orations against Eubulides, and Marcatus.

[279] Hermann’s Political Antiquities of Greece, l. c., p. 187, s. 96.

[280] “The primitive Grecian government is essentially monarchical, reposing on personal feeling and divine right.”—History of Greece, ii, 69.

[281] Sparta retained the office of basileus in the period of civilization. It was a dual generalship, and hereditary in a particular family. The powers of government were co-ordinated between the Gerousia or council, the popular assembly, the five ephors, and two military commanders. The ephors were elected annually, with powers analogous to the Roman tribunes. Royalty at Sparta needs qualification. The basileis commanded the army, and in their capacity of chief priests offered the sacrifices to the gods.

[282] “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 fixed names of domestic animals; the Sanskrit gÂus is the Latin bos, the Greek [??? Greek: bous]; Sanskrit avis, is the Latin ovis, the Greek ???; Sanskrit aÇvas, Latin equus, Greek ?pp??; Sanskrit haÑsas, Latin anser, Greek [??? Greek: chÊn]; ... 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, Dickson’s Trans., Scribner’s ed., 1871, i, 37. In a note he remarks that “barley, wheat, and spelt were found growing together in 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 pasturage 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 existence 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, together with pio, pinsere [to bake] and mak, Gk. ?ss?, which give indications of threshing out and grinding of grain.”—Fick’s Primitive Unity of Indo-European Languages, GÖttingen, 1873, p. 280. See also Chips From a German Workshop, ii, 42.

With reference to the possession of agriculture by the Graeco-Italic people, see Mommsen, i, p. 47, et seq.

[283] The use of the word Romulus, and of the names of his successors, does not involve the adoption of the ancient Roman traditions. These names personify the great movements which then took place with which we are chiefly concerned.

[284] History of Rome, l. c., i, 241, 245.

[285] Qui sint autem gentiles, primo commentario rettulimus; et cum illic admonuerimus, totum gentilicium jus in desuetudinem abisse, superuacuum est, hoc quoque loco de ea re curiosius tractare.—Inst., iii, 17.

[286] Gentiles sunt, qui inter se eodem nomine sunt. Non est satis. Qui ab ingenuis oriundi sunt. Ne id quidem satis est. Quorum majorum nemo servitutem servivit. Abest etiam nunc. Qui capite non sunt deminuti. Hoc fortasse satis est. Nihil enim video Scaevolam, Pontificem, ad hanc definitionem addidisse.—Cicero, Topica 6.

[287] Gentilis dicitur et ex eodem genere ortus, et is qui simili nomine appellatur.—Quoted in Smith’s Dic. Gk. & Rom. Antiq., Article, Gens.

[288] The following is the text extended: Ut in hominibus quaedam sunt agnationes ac gentilitates, sic in verbis; ut enim ab Aemilio homines orti Aemilii, ac gentiles; sic ab Aemilii nomine declinatae voces in gentilitate nominali; ab eo enim, quod est impositum recto casu Aemilius, Aemilium, Aemilios, Aemiliorum; et sic reliqua, ejusdem quae sunt stirpes.—Varro, De Lingua Latina, lib. viii, cap. 4.

[289] Quid enim in re est aliud, si plebeiam patricius duxerit, si patriciam plebeius? Quid juris tandem mutatur? nempe patrem sequuntur liberi.—Livy, lib. iv, cap. 4.

[290] “When there was only one daughter in a family, she used to be called from the name of the gens; thus, Tullia, the daughter of Cicero, Julia, the daughter of Caesar; Octavia, the sister 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, Prima, Secunda, Tertia, Quarta, Quinta, etc.; or more softly, Tertulla, Quartilla, Quintilla, etc.... During the flourishing state of the republic, the names of the gentes, and surnames of the familiÆ, always remained fixed and certain. They were common to all the children of the family, and descended to their posterity. But after the subversion of liberty they were changed and confounded.”—Adams’s Roman Antiquities, Glasgow ed., 1825, p. 27.

[291] Suetonius, Vit. Octavianus, c. 3 and 4.

[292] Gaius, Institutes, lib. iii, 1 and 2. The wife was a co-heiress with the children.

[293] Ib., lib. iii, 9.

[294] Gaius, Inst., lib. iii, 17.

[295] A singular question arose between the Marcelli and Claudii, two families of the Claudian gens, 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 the Twelve Tables gave the estate of a freedman to his former master, who by the act of manumission became his patron, provided he died intestate, and without sui heredes; but it did not reach the case of the son of a freedman. The fact that the 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, although 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 Oratore, i, 39), and commented upon by Long (Smith’s Dic. Gk. & Rom. Antiq., Art. Gens), and Niebuhr, was decided; but the latter suggests that it was probably against the Claudii (Hist. of Rome, i, 245, 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 inheritance of property were intrenched in the gens.

[296] History of Rome, i, 242

[297] Patricia gens Claudia ... agrum insuper trans Anienem clientibus locumque sibi ad sepulturam sub capitolio, publice accepit.—Suet., Vit. Tiberius, cap. 1.

[298] Vari corpus semiustum hostilis laceraverat feritas; caput ejus abscisum, latumque ad Maroboduum, et ab eo missum ad Caesarem, gentilitii tumuli sepultura honoratum est.—Velleius Paterculus, ii, 119.

[299] Iam tanta religio est sepulcrorum, ut extra sacra et gentem inferi fas negent esse; idque apud majores nostros A. Torquatus in gente Popilia judicavit.—De Leg., ii, 22.

[301] “There were certain sacred rites (sacra gentilicia) which belonged to a gens, to the observance of which all the members of a gens, as such, were bound, whether they were members by birth, adoption or adrogation. A person was freed from the observance of such sacra, and lost the privileges connected with his gentile rights when he lost his gens.”—Smith’s Dic. Antiq., Gens.

[302] Cicero, Pro Domo, c. 13.

[303] History of Rome, i, 241.

[304] Cicero, De Leg., ii, 23.

[305] Dionysius, ii, 22.

[306] Ib., ii, 21.

[307] Niebuhr’s History of Rome, i, 241.

[308] Bina jugera quod a Romulo primum diuisa [dicebantur] viritim, quae [quod] haeredem sequerentur, haeredium appellarunt.—Varro, De Re Rustica, lib. i, cap. 10.

[309] History of Rome, i, 62. He names the Camillii, Galerii, Lemonii, Pollii, Pupinii, Voltinii, Aemilii, Cornelii, Fabii, Horatii, Menenii, Papirii, Romilii, Sergii, Veturii.—Ib., p. 63.

[310] History of Rome, i, 63.

[311] “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 cannot 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 for 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 of 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 reversal 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 constituency who elected him. Further than this, there is no ground 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-operation 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 democratical.

[312] Ap. Claudio in vinculo ducto, C. Claudius inimicum Claudiamque omnem gentem sordidatum fuisse.—Livy, vi, 20.

[313] History of Rome, i, 242.

[314] Responsum tulisse, se collecturos, quanti damnatus esset, absolvere eum non posse.—Liv., v, 32.

[315] History of Rome, i, 242: citing Dionysius, ii, 10: (?de? t??? pe??ta?) t?? ??a???t?? ?? t??? ???e? p??s????ta? et??e??

[316] History of Rome, i, 240.

[317] “Nevertheless, affinity in blood always appeared to the Romans to lie at the root of the connection between the members 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 affinity.”—Mommsen’s History of Rome, i, 103.

[318] It is a curious fact that Cleisthenes of Argos changed the names of the three Dorian tribes of Sicyon, one to HyatÆ, signifying in the singular a boar; another to OneatÆ, signifying an ass, and a third to ChoereatÆ, signifying a little pig. They were intended as an insult to the Sicyonians; but they remained during his life-time, and for sixty years afterwards. Did the idea of these animal names come down through tradition?—See Grote’s History of Greece, iii, 33, 36.

[319] Peregrinae conditionis homines vetuit usurpare Romana nomina, duntaxat gentilicia.—Sueton., Vit. Claudius, cap. 25.

[320] Cicero, Pro Domo, cap. 13.

[321] Livy, xxv, 5.

[322] Smith’s Dic., Art. Pontifex.

[323] History of Rome, i, 66.

[324] Ib., i, 258.

[325] Livy, ii, 48.

[326] Ib., ii, 49.

[327] Trecentos sex perisse satis convenit: unum prope pubescem aetate relictum stirpem gente Fabiae, dubiisque rebus populi Romani sepe domi bellique vel maximum futurum auxilium.—Livy, ii, 50; and see Ovid, Fasti, ii, 193.

[328] Itaque, quum populum in curias triginta divideret, nomina earum curiis imposuit.—Livy, i, 13.

[329] f??t?a d? ?a? ????? ? ?????a. —Dionys., Antiq. of Rome, ii, 7.

[332] Whether Niebuhr used the word “house” in the place of gens, or it is a conceit of the translators, I am unable to state. Thirlwall, one of the translators, applies this term frequently to the Grecian gens, which at best is objectionable.

[333] History of Rome, i, 244.

[334] Dionysius has given a definite and circumstantial analysis of the organization 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 arrangements in peace, and also in time of war. It was as follows: 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 curiÆ, as they are also still called according to usage. And these names interpreted in the Greek tongue would be the tribus, a third part, a phylÊ (f???); the curia, a phratry (f??t?a), and also a band (?????); and those men who exercised the leadership of the tribes were both phylarchs (f??a????) and trittyarchs (t??tt?a????), whom the Romans call tribunes; and those who had the command of the curiÆ both phratriarchs (f?at??a????) and lochagoi (???a???), whom they call curiones. And the phratries were also divided into decades, and a leader called in common parlance a decadarch (de??da????) had command of each. And when all had been arranged into tribes and phratries, he divided the land into thirty equal shares, and gave one full share to each phratry, selecting a sufficient portion for religious festivals and temples, and leaving a certain piece of ground for common use.—Antiq. of Rome, ii, 7.

[335] Dionysius, ii, 7.

[336] Smith’s Dic., l. c., Art. Tribune.

[337] Dionysius, ii, 7.

[338] The thirty curiones, as a body, were organized into a college of priests, one of their number holding the office of curio maximus. He was elected by the assembly of the gentes. Besides this was the college of augurs, consisting under the Ogulnian law (300 B. C.) of nine members, including their chief officer (magister collegii); and the college of pontiffs, composed under the same law of nine members, including the pontifex maximus.

[339] Livy, i, 8.

[340] Eo ex finitimis populis turba omnis sine discrimine, liber an servus esset, avida novarum rerum perfugit; idque primum ad coeptam magnitudinem roboris fuit.—Livy, i, 8.

[341] Vit. Romulus, cap. 20.

[342] Antiq. of Rome, ii, 15.

[343] Livy, i, 30.

[344] Ib., i, 33.

[345] Livy, i, 38.

[346] In the pueblo houses in New Mexico 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, probably phratries.

[347] History of Rome, i, 258.

[348] Centum creat senatores: sive quia is numerus satis erat; sive quia soli centum erant, qui creari Patres possent, Patres certe ab honore, patriciique progenies eorum appellati.—Liv., i, 8. And Cicero: Principes, qui appellati sunt propter caritatem, patres.—De Rep., ii, 8.

[349] Dionysius, ii, 47.

[350] Nec minus regni sui firmandi, quam augendae republicae, memor, centum in Patres legit; qui deinde minorum gentium sunt appellati: factio haud dubia regis, cuius beneficio in curiam venerant.—Liv., i, 35.

[351] Isque [Tarquinius] ut de suo imperio legem tulit, principio duplicavit illum pristinum patrum numerum; et antiquos patres maiorum gentium appellavit, quos priores sententiam rogabat; a se adscitos, minorum.—Cicero, De Rep., ii, 20.

[352] Cicero, De Rep., ii, 20.

[353] This was substantially the opinion of Niebuhr. “We may go further and affirm without hesitation, that originally, when the number of houses [gentes] was complete, they were represented 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 good grounds to be the number of them; each gens sent its decurion, who was its alderman and the president of its meetings 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 Dionysius supposes that there was an election: his notion of it, however, is quite untenable, and the deputies must have been chosen, at least originally, by the houses and not by the curiÆ.”—Hist. of Rome, i, 258. An election by the curiÆ is, in principle, most probable, if the office did not fall to the chief ex officio, because the gentes 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.

[354] Livy, i, 43. Dionys., ii, 14; iv, 20, 84.

[355] Numa Pompilius (Cicero, De Rep., ii, 11; Liv., i, 17), Tullus Hostilius (Cicero, De Rep., ii, 17), and Ancus Martius (Cic., De Rep., ii, 18; Livy, i, 32) were elected by the comitia curiata. In the case of Tarquinius Priscus, Livy observes that the people by a great majority elected him rex (i, 35). It was necessarily by the comitia curiata. Servius Tullius assumed the office which was afterwards confirmed by the comitia (Cicero, De Rep., ii, 21). The right of election thus reserved to the people, shows that the office of rex was a popular one, and that his powers were delegated.

[356] Mr. Leonhard Schmitz, one of the ablest defenders of the theory of kingly government among the Greeks and Romans, with great candor remarks: “It is very difficult to determine the extent of the king’s powers, as the ancient writers naturally judged of the kingly period by their own republican constitution, and frequently assigned to the king, the senate, and the comitia of the curia the respective powers and functions which were only true in reference to the consuls, the senate and the comitia of their own time.”—Smith’s Dic. Gk. & Rom. Antiq., Art. Rex.

[357] Dionys., ii, 12.

[358] Dionysius, iv, 1.

[359] Niebuhr says: “The existence of the plebs as acknowledgedly a free and very numerous portion of the nation, may be traced back to the reign of Ancus; but before the time of Servius it was only an aggregate of unconnected parts, not a united regular whole.”—History of Rome, l. c., i, 315.

[360] History of Rome, i, 315.

[361] “That the clients were total strangers to the plebeian commonalty and did not coalesce with it until late, when the bond of servitude had been loosened, partly from the houses of their patrons dying off or sinking into decay, partly from the advance of the whole nation toward freedom, will be proved in the sequel of this history.”—History of Rome, i, 315.

[362] Dionysius, ii, 8.

[363] Plutarch, Vit. Rom., xiii, 16.

[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.

[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.

[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, ???? f??te?s?, s???e??s?, d??ta??, ?e???ta?? vide also Hermann’s Polit. Antiq. of Greece, §. 100.

[403] Prometheus, 853.

[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.

[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; a as a in at; i as i in it; u 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] ???a??a ?? ?a?e? ??ast??, ta?t?s? d? ?p?????a ?????ta?. —Lib. i, c. 216.

[467] ?p??????? d? t?? ???a???? t?? ???? p??e??ta?, ??a ?as????t?? te ??????? ??s? ?a? ????Ï?? ???te? p??te? ?te f???? ?t' ???eÏ ?????ta? ?? ????????.—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] ???? d? ?p??????? t?? ???a???? p?????ta?, ??te s????????te? ?t???d?? te ?s??e???.—Lib. iv, c. 180.

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

[497]—?a? fa?e??? ?s?es?a? ta?? te ???a?? ???a??? ?a? ?t??s? ?a? ?de?fa??.—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] Se???eta? ??? S???? ?? t??t???, ?t? t?? te p???p??e?e??? ???

[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] ??d????se d? ??? t? pe?? d?a????? ???? p??te??? ??? ??? ????, ???' ?? t? ???e? t?? te?????t?? ?de? t? ???ata ?a? t?? ????? ?ata??e??, ? d' ? ???eta? t?? ?p?t???a?, e? ? pa?de? e?e? a?t?, d???a? t? a?t??, f???a? te s???e?e?a? ?t??se ????? ?a? ????? ???????, ?a? t? ???ata ?t?ata t?? ????t?? ?p???se?.—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.