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This institution reserves the right to refuse to accept a copy order if, in its judgement, fulfillment of the order would involve violation of the copyright law. AUTHOR. LANG. ANDREW TITLE: THE POLITICS OF ARISTOTLE PLACE: LONDON DATE: 1886 COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DEPARTMENT Master Negative # BIBLIOGRAPHIC MICROFORM TARGET Original Material as Filmed - Existing Bibliographic Record NYCG92-B40376 Acquisitions NYCG-NEH CP:enk PC:s MMD: 040 100 245 MS: EL: ATC: CON:??? ILC:???? EML: AD: 08-05-92 UD: 08-05-92 II:? GEN: BSE: BKS/SAVE Books FUL/BIB Record 1 of - SAVE record + ID:NYCG92-B40376 RTYP:a ST:s FRN: CC:9668 BLT:am DCF:? CSC:? MOD: SNR: L:eng INT:? GPC:? BIO:? FIC:? PD:1886/ REP:? CPI:? FSI:? OR: POL: DM: RR: COL: NNCtcNNC Lang, Andrew, i:dl844-1912. The politics of Aristotleth[microform] ;Tbintroductory essays, ^cby Andr ew Lang, (from Bolland and Lang's Polities'. 260 London, ybLongmans, Green, and Co.,tcl886. 300 [2 p. 1.] 105 p.tc20 cm. 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LIBRARY "^'- ':-vvi:' 'v* ^•.. /fT*>^ I'iATE BORROWED "V- DATE DUE JAfv 2 .'v^5(' ^r-^ .'J^vV'-SVfr ■'■■ .4 ',-V"* '.•%\>i DATE BORROWED DATE D >- 0, 9 ^1 § fl rl^i fl m. 1 fii AEISTOTLE'S POLITICS 5, PUIXTKD BY SrOTTISWOODK AND CO., NKW^TIIEKT SQUaUK LONDON ( m ^ HP. «l THE POLITICS OF AEI8T0TLE INTRODUCTORY ESSAYS BY ANDREW LANG (From Bolland and Lang's 'Politics') LONDON LONGMANS, GREEN, AND CO. 1886 A U riqhif r^ffrvi/f rr.- R)' CONTENTS -•o*- E.Si--AY I. The * Politics' of Aiustotlk .... II. Aristotle's ConceptioiN of Political .Science 111. On some Leading Conceptions of Aristotle . >W^. The Greek City-State N^. Tyrannies in Greece VI. Internal Causes of various Forms of the State Vll. Theory op Revolutions Tftl. International Relations of the Greek Cities IX. Causes affecting the Personal Character of the Citizens X. Practical Aims of Aristotle . XI. Slavery, Commerce, and the later Democracies ^XII. Aristotle's Ideal State X141. Land-Tenure in Greece XIV. The Origin of Society . PACK 1 4 8 16 25 32 36 48 17 .jO oo 64 76 yo 93745 m^ THE POLITICS OF ARISTOTLE. —o^ I. THE * politics' OF ARISTOTLE. The Politics of Aristotle have a double value : they contain the first really scientific discussion of the origin, the elements, the constitution, and the condi- tions of human society, and they are a storehouse pf information as to the facts of the history of Greece. It is true that conscious reflection on the different shapes and possible perfect form of the State, on its relations to the Individual, and on its international rights and duties, had been awake in Greece long before the age of Aristotle. The great questions had been propounded and discussed, the terminology had been almost fixed. In the first place had arisen the early Lawgivers, Solon, Charondas, Zaleucus, Philolaus — whom we may call the Judges — and the early mystics, Pythagoras, Apollo's son, Epimenides, the healer of souls, and Empedocles, who were in a sense the Prophets of Hellas. The latter possessed a secret of life, a certain method of conduct, which they inculcated to disciples, who then formed small communities within the cities of Sicily and Italy. B 2 EARLY THEORISTS. Yrom these mystics Aristotle received, tliroiigh tradi- tion, many ideas, and, above all, the notion of the power which the law ( Man in a state of Nature is Man as Nature would hav( him to be, that is, as Aristotle would have him to be, free warrior, statesman, and politician, at leisure, not a^ savage, feeding on acorns. ' Nature seeks not only riglit activity, but the power of living in noble leisure.' Contrast this with Rousseau's State of Nature : ' L'exemple des sauvages qu'on a presque tons trouves a ce point, semble coniirmer que le genre humain etoit fait pour y rester toujours . . . et que tous les progres ulterieurs ont ete en apparence autant de pas vers la perfection de I'individu, et en efFet, vers la decrepitude de I'espece.' ® The contrast is particularly marked where Rousseau denounces the man who invented property, which Aristotle declares to be an institution suggested by Nature and ' unspeakably sweet.* ^ / In Aristotle's eyes, then. Nature is almost the un- ' conscious action of the will of the world, bringing all ! things into uniformity with limit and with right reason.! The right reason of course is Aristotle's notion of what ds best. Mr. Grote's way of stating the doctrine of Nature makes the matter very clear, if we apply to politics what is said of physics and metaphysics. ' There are in the sublunary bodies ' (in which form is implicated with matter) ' both constant tendencies and variable tendencies. The constant Aristotle calls " Nature," which always aspire to Good, or to the reno- vation of Forms as perfect as may be, though impeded in this work by adverse influences, and therefore never producing anything but individuals comparatively ** Discoiirs siir rorigiiie de I'inegalite parmi les homnies. » Pol. ii. 5, 8. 12 CONSTANT AND VARIABLE TENDENCIES. / defective, and sure to perish. The variable tendencies he calls Spontaneity and Chance, always modifying, dis- torting, frustrating the full purposes of Nature.' '^ If we apply this doctrine to politics, we find that the matter is human character, and human circumstance, I which Nature fashions into the forms of the family and Jrthe state. The constant tendencies in human character / and circumstance make for good and for order. Such ^ a tendency is that which keeps all things in due subor- dination of ruler and subject, which sets father over child, master over slave, old over young, reason over passion, which makes tlie city wish to consist of equals, whicli wlien one man or one family is undeniably better than tlie rest, as gods are better tlian men, puts kingly or aristocratic rule into their liands. Thus the results of Nature's unchecked workings are tlie Family^ with due subordination of woman, child, and slave ; the Monarchy^ with due obedience to the one Grodlike man, who alone contributes more to the stock of excel- lence than all the others ; the Aristocracy^ where a few are equally pre-eminent ; and the Polity^ where there is a natural equality among the citizens. In all these natural forms of rule government is exercised in the interest of the natural whole, the State and citizens. On the other side are variable tendencies, contrary to Nature, which ruin the subordination of families, which induce men to take money, a mere instriirnent, for tlie end of their life, whicli work for the overthrow of natural slavery, which drive the one best man or the one best family out of the cities, which ^prevent the " Grote, Aristotle, i. 165. LIMIT. 13 I I <% State from consisting of equals, which, in short, produce these abnormal and unnatural distortions called tyran- nies, democracies, Sind oligarchies, which govern in the interest of an overgrown member of the whole. Thus Nature is always being frustrated and defeated, and from this point of view Aristotle's doctrine of the decline of states is not so very far removed from the scheme of Plato, with its fatal cycles of better and worse. Analogous to the idea of Nature in Aristotle is the idea of the limit, to irspas, and of to irsirspaafjiivov, the finite. Both these notions seem to be derived from the Pythagorean catalogue of limit and limitless, odd and even, one and many,»good and bad, male and female, and the rest, which became a sort of accepted canon with Greek thinkers. Limit and the infinite are the elements out of which the orderly and knowable world is made. The infinite is all disorder, confusion, a blur of undistinguisliable sensations, and in morals of masteiiess passions, till, by the introduction of the limit, chaos is slowly made orderly, and passions are formed into character. Apply- ing, for instance, this conception to the question, is com- merce a legitimate occupation ? Aristotle answers no, be- cause ovhsv SoKsl TTspas slvaL irXovTOv kol Kii^asois, there is no necessary limit to the acquisition of wealth.'^ Now wealth is defined to be abundance of the instruments necessary towards the independent life. These used to be obtained by barter, and a man was satisfied when he had enough of them, that sufficiency was the » Pol. i. 9, 1. u LIMIT AND THE END. TTspas, But when money was invented, and it was commonly held that wealth meant abundance of money, .there was no natural irspas to the acquisition of coin, dirsipos ^ ovTos 6 ttXovtos, But there is a deeper reason than this for the fact that the endless acquisition of wealth is unnatural. Desire of riches springs from that character which thirsts insatiably for life, not for the noble life, which seeks satisfaction in the chaotic and infinite field of pleasure, without definite end, not in striving after the limit and end of exist- ence.^2 Here the limit (irspas), from another point ( of view becomes identical with the end and aim of life (the rsXos). This Tskos is the same for the State and for the individual, namely, happiness. No concep- tion is more constantly in Aristotle's mind than this of the End. From all past experience and history he lias ' arrived at a fixed and luminous idea of what Nature would have, what all her workings tend to. This is not the life of men wandering in nomadic hordes, nor of men living as husbandmen in scattered villages, nor of great servile nations. The free wild tribes of the North have no central engrossing interest and bond of life ; the peoples of Asia are gifted with intellect and art, but they /are slavish. Hellas alone occupies the happy_mean, jP alone offers to men in the city-state an object for noble f action that must fill all their lives, and an environment 1 of free relationships in which to exercise virtue. The IH State is the liTivU, beyond which Nature does not wish \ to pass in the formation of political organisms. The \ State in its perfection and the citizen in perfection are >2 Pol. i. 9, 17 ; Plato, Laws, 714. PRACTICAL AND IDEAL END. philosophical contemplation ? ""* °^ The consideration of the r^'Xo, thus brinsrs us to what xs a standing difficulty in reading Aris tofle H^ seems to hesitate whether to recommend a po bie S cm ,,rt.e and activity, or an ideal life of con tem ine saintly ]ife, the entrance into ' reliofon •' f j, ^ corresponds to the knightly life o^ rMiddi: 1^ ^iue reason, a momentary recoo-nitinn ^f ^ which is treated in the book on \^e ZlsZl ^ ^« here, then, that the mystic element appears amS the Znr' ^^' ''-'"''^ activity ofl^or n deed when we come to analyse his method, we find thiee incongruous elements, really scientifin « ' aristocratic prejudice, and the dil 'f TT^'' Which ^^^^suu^f.^:!:^:^,^;^:^ ' toi the eternal harmonies of Nature. 16 THE CITY-STATE. IV. THE GREEK CITY-STATE. The political speculations of Aristotle are bounded by the limits of the ttoXls, or City-state, which he looks on as the ultimate and perfect form of society. ^^ It does not seem to have occurred to him, who, in his literary criticism, was ready to admit that the Drama might advance in changed circumstances to new forms, that human society also might come to be fixed on a wider basis than the city — on the basis, namely, of the nation. The political unit with which he concerned himself, the town of perhaps ten or fifteen thousand free citizens, supported by slave-labour, enjoying a life of leisure and culture, self-ruled, and exercising all the rights of a sovereign state, was the form of society through which Greece attained her eminence in war, and in the arts. It was therefore his business to under- stand all the conditions which contributed to make up the City-state, to point out the causes which in the past had frustrated its development, and had sometimes perverted it from being the home of noble life into the seat of Tyranny, of Oligarchy, of Sedition, of the later Democracy, ignoble in the eyes of Aristotle. The ideal aim of the State was to give room and opportunity for the full and free development of the best powers of all its citizens ; that aim, as conceived of hj the phi- losophers, had never been actually reached. Here, of " Pol. i. 2, 8. CITIES AND NATIONS. j- course we touch the point where Aristotle's political specu ation diverges from that of later times. Modern thouglit is concerned with nations, that is with what were ongmally |^.,, aggregates of tribes with no poli- tical unity in the Greek sense. Various causes have united the descendants of these tribes into the large asso- cuit,ons which we call nations. The common possession of conquered lands by a tribe of kin; the defeat of one tribe by another, with the retention of its freedom under the new over-lord ; the unity imposed by the Church ; the dislike of city life ; the growth of kingly power which could not well grow in a city; all these! with other causes, have brouglit about a wider and loosei' organisation than that of tlie city. But all Aristotle's thought IS conditioned by the existence of the city which had so powerful an attraction for the Greeks, and which, within its narrow bounds, could actually school them in morality, and in the spiritual life. To do this IS, of course, beyond the power of a national government and thus Aristotle's ideas are in a different plane from' that occupied by modern speculation. To understand the conditions under which the Citv- s ate grew up, out of general laws which were everywhere the same, and everywhere checked and diverted by vary- ing causes, it is necessary to look back to the dawn of Greek history. The State, as Aristotle knew it, was ' the inevitable consequence of its antecedents in the past,' and Aristotle himself enables us to trace a sketch of the e an- tecedents. TheState(no.«)is ^.o0.5 r,..„,a Tal an association of families and clans in a higher life for c 18 THE CLAN. the sake of a perfect and self-sufficing existence.' ^^ It is thus that Aristotle adds to the bare facts, the union of villages, a moral interpretation. This union was not without the will of Nature, which was leading men towards the perfect life. His aim is to be a fellow- worker with Nature, by pointing out the faults of human character which retard the advance to perfection in Nature's political school, the City. When the tribes, which came in time to develop Hellenic civilisation, were first settling in Hellas, when they were invading the country from the North, or landing in her ports from the East, they were not yet, it may be said with some certainty, what Aristotle would have considered actually political beings. They lived in scattered villages Kara /^to/ias, and it may be presumed that their society was based, not on the irokis of course, but on the group, 7eVos, and on the family, olKia. Their lands were probably held on a commimal system— that is to say, if we may judge by analogy and by traces of institutions, they were not the property of individuals, but of village groups of men {^svr)\ united by the belief in descent from a common ancestor, and by the practice of certain religious sacrifices in common. This is a primitive stage of society which is foimd to have existed in most parts of the world— a stage in so- ciety which takes no notice of the individual as such, but merely of the group, or r^evos. It is the 'yivos which is wronged if one of the group be slain or injured ; it is the r^svos which inherits property, and is responsible for the actions of each of the individuals within its circle. «* Pol. iii. 9, 12. I THE 2TNorKI5l3. 19 This formed a stage in the development of the English ace too, but the difference began when the Greeks had once tasted of city life, which satisfied them so t^^TZ^Tl T^'' ''^^'^ -ity was imposed on the English before they came to care for city life To takp anotl^r instance. It was the misfortuneofL Irish Celt that they hved under the clan system, with only abo tive attempts at a wider unity, till conquerors came ex:st, n all its simplicity and vigour, as soon as several 7-7 deserted their villages, or at least removed the shnne of their religions, and their place of meet no- to jome central spot, where their nobler families b gat' to dwell within the walls of a city, and on the c£t If some commanding hill. This process of clustedn.. together, and of combining several clans, with hek religions, was called ...o.W,,, ^nd was g;nerally a nbuted to the initiative of some primirive kW, or hex-o, 01. demigod With the .„.<,.'..<,„ of villages! the enough o be the scene of the perfect <...<,/„,<,,, of many cities, into the great city of Athens. By the process a new sort of life, a hia-her life tA .,', f- i for the clansmen. Thei'r tribt;;::t' ^t'dtS long dead, or their tribal fetich, was no longer theix highes conception in religion. Their sacred clan festivals still existed, but in subordination tothe lote c 2 f > 20 THE HIGHER LIFE. and purer creed which became common to them all. The members of the various clans, sons of .Eacus or of Eu- molpus, recognised each other as kindred by an older descent ; they were all ysvvrjTai WttoXXwvos irarpatov, brothers together in Apollo, and Zeus of the household guarded each man's home and enclosure.^^ Thus the newer faith succeeded the old without a break in conti- nuity ; it was still ancestor-worship, only of a father more remote and powerful. With his cultus comes a wider morality than that of the tribe. If a man is slain, the slayer falls under the wrath of Apollo, and of the State as well as of the clan. He cannot escape by paying a blood-fine {ttolvtj, wer-gild, eric) to the clan or kindred of his victim, or braving their vendetta. The Greeks found, as the Basutos in Africa find to-day, tliat, 'if they avenged themselves, the town would soon be dispersed.' ^^ Thus a nobler religion, a wider and purer morality, a more settled body of customary law, laid down by the Chieftains of the old clans, to su ^rjv in fact, began with the allegiance to the city. But it did not follow that, l)ecause the State had become the ruling idea, and the State-god the main religious conception, and because the life of individuals was partly emancipated from the solidarite of the clan, it did not follow that the clan became extinct. It survived in a modified shape, and was one of the most powerful factors in building the new constitution, and the State as known to Aristotle. The history of a Greek city is to a very great extent the history »5 Plato, Luthydenuis, 802. Harpokration. 'Air6\\wv irarp^os b TlvQios rhv 5e ' \itu Wojva Koivus irarpQov rifiuaiv 'Ad-iivaloi airh Uuos, Toirov yhp olKiffavros rvu 'ArriK-fiv, u'S 'ApiaroT4\vs t Irish Trile-Laiuls. ^ institutions, p. 132. Immigrants on .i^yJr'*"" '^^"' "'• ^■^"''- ^^^'''^'- ^'^- "»' "5' ^^^""» of " Pol. iii. 14. Cf. Kemble, Saxons in England, vol. i.. and 22 KINGS AND NOBLES. most early peoples we find a certain stock or stocks, which are held almost divine. They differ so much from the common, that sometimes they are believed to have immortal souls, while their subjects lack them, or to transmigrate into nobler creatures after death. At the least they descend from Gods, as the English stock from Woden, or as Agamemnon from Zeus. Aristotle conjectures that the founders of the monarchies had been ' the first benefactors of the people in the arts of peace or war, or had first collected them into a society, or given them a territory to live in.' We only know that the kings of Homer's time are represented as pos- sessing some strain of nobler blood than their free subjects, the chief of whom attend them in the council, and whom they consult in the greater assembly of the host. The kings are of the kin of Gods, BLoysvsss ^aaiXrjzSy while most men are only hloi,, or noble. It is not easy to understand the sort of nobility which was so general in the Homeric world. We are reminded of early Iceland, when ' nowhere was the common man so uncommon,' and of the fleet with which Cnut invaded England (1015), at least two hundred ships, and every man in every crew a noble-man.^^ Both kings and nobles were severed by an uncrossed line from ' churls rock-born or oak-born,' diro Bpvo9 ?; aTro nrsTprjs^ but either king or noble, if taken in war, might become a thrall.2i Freeman's Comparative Politics, Lecture lY. For the peculiarity of royal souls, Callaway's Religion of the Amazula, ii. 197 : ' Chiefs turn into the black and green Imamha, common people into the Umthlcoazi.' 20 Freeman's Norman Conquest, i. 373. 2' Odyss. xix. 162 ; Preller, Ausgewiihlte Aufsatze, p. 179. i FALL OF THE KINGS. 23 The heroic kingships, however they first arose whether out of leadership in war or not, were usually hereditary, and hereditary rights were exercised over willing subjects, in accordance with traditional custom The coronation oath was simply the laying hand on sceptre. The privileges of the king were a rif^ivos far larger than the common lot, leadership in war, and probably many of the profits arising from fines, as well as the gifts which Hesiod says the kings used to devour, rewards for decisions in suits, and the chief seats at teasts, and the best mess at sacrifices. The heroic mo- narchy left to later Greece the institution of the Gene- ral Assembly, and the germs of a council of elders which might become probouleutic and administrative in' an Oligarchy, or might be cut do\vn to a mere commit- tee, with the task of preparing matter for the conside- ration of the full Assembly, in a Democracy. (Pol. iv. 14, 14 ; vi. 8, 24. Gladstone, Homer, &c., iii. 58.) 'Kingship in a single city is not an institution which ,s likely to last;' for, as Aristotle says, many men would be found to be 'peers in valour and virtue ' and there is no mystery in a small community to protect the king. The members of the noble families would aim at equality, and some such anarchy would result as that which made confusion in the little isle of Ithaca before the return of Odysseus. Power would fall into the hands of all the noble houses in the clans, or into those of some one house, like the Penthelids in Mitylene or the Bacchiadffi of Corinth, or the Protiadse in Massilia or the BasilidaB in Erythrse, who would cut down the royal functions, and hand over the real sway in 24 TYRANNY OF FAMILIES. commission to their own kindred. The kingly title might he left, hut the man who bore it would only keep up the continuity of religious tradition, by performing certain rites and sacrifices. An instance of such a process has been noted among primitive peoples, our own contemporaries. Among the natives of Tonga the real ruling monarch yields precedence to a functionary whose duties are purely priestly, though his title means King of Toncja^'^ and w^hose position answers to that of Archon Basileus at Athens. The new form of government by a clan, or by members of noble houses, when corrupted, is called a hviacTzia by Aristotle.^^ It corresponds to the w^orst sort of tyranny, or to the latest and most corrupt democracy, in the fact that old customary law was distorted to serve the selfish interests and passions of the rulers. Yet the BvvaaTsla claimed the noble name of 'Aristocracy,' the rule of the Best. The ruling class called themselves 'the good and fair,' 'the famous,' 'the illustrious.' They relied on long possession, on illus- trious descent, on knowledge of the law, which was hidden from the sheepskin wearers, dusty feet, club- camers of the country, and, above all, on possession of cavalry, which enabled them to ride down the dusty- feet as easily as the chivalry of feudalism used to crush the villeins.^^ Many causes contributed to the overthrow of the hvvaaisia, or early oligarcliy of ancient Greece. Trade increased, the seafaring popu- '^ Sir John Lubbock, Origin of Civilisation, p. 347. " Pol. V. 3, 3 ; Pol. iv. 5, 1. 2* Miiller, Dorians. Nicknames of Serfs, ii. 57- THE TYEANT. 25 lation grew strong and rich, the strength of liglit infantry began to be understood, the poorer land- holders were oppressed with taxes and usury beyond endurance, the Oligarchy conferred honours and power within ever narrower limits, and the general discontent took the form of a demand for a written code of law«. ' When laws are written down, the rich man and the weakling find equal justice,' says Euripides. Tliis was ordinarily secured after a struggle in which some neg- lected member of the higher class was frequently the leader. The lower classes, 'who have neither law nor equity,' as a poet of the aristocratic class wrote, suc- ceeded in making their leader assymnete, as Pittacus was in Mitylene, and looked to him as an irresponsible magistrate to settle their differences with the nobles, in a strife which went on till it was settled by the giving of a code of laws, or, more frequently, silenced by the rise of a tyrant. V. TYRANNIES IN GREECE. These tyrannies, whether in Athens, under tlie Pisis- tratidae, in Megara, in Corinth, or elsewhere, helped to consolidate and shape into their ultimate form tlie city- states of Greece. All classes, noble or non-noble, were crushed under the same weight of reckless power. All were offended by the license, so distasteful to Greek ideas, which was permitted to women and to slaves ; and the pride of the nobles was sometimes humbled by 26 EISE OF TYKANTS. such insults as Clisthenes, tyrant of Sicyon, heaped on the tribes, calling them ^Ass-tribe,' 'Pig-clan,' and so forth. The tyranny may best be considered as the direct contradiction of all Grreek ideas of life and government, as the negation both of the old notion of aristocracy founded on birth, and of the new notions of the equal claim of all freeborn citizens. The tyrant rules over men who are his equals and betters, purely in his own selfish interest, and not in that of the governed.^^ Just as a true commonwealth, or Politeia, contained all the elements of the State mingled in due subordination, so tyranny mingled the worst qualities of the worst forms of government, selfishness beyond that of the narrowest oligarchy, license beyond that of the loosest democracy. The tyrant in early Greece was generally either a demagogue, or partisan of the people, who led them against the nobles, and seized the fruits of victory, or one of the surviving heroic kings, who strained his hereditary and constitutional powers,^^ or a magistrate who abused the sway he held for a long term of office, or an oligarch set in high place by his faction. His power was never stable till he secured a bodyguard, especially a bodyguard of strangers. Once supported by this Oriental institution, he showed all the distrust of an oligarchy, all their greed, and like an oligarchy stripped the democracy of their arms, while in the spirit of democracy he put down the nobles, and drove them into exile less honourable than that of ostracism. Sucli crimes were the natural consequence of absolute power, though we should be wrong in supposing that » Pol. iv. 10, 4. 26 p^,i. y, 10. MODERN TYRANTS. 27 Pittacus of Mitylene, or Phidon of Argos, or Pisis- tratus even at Athens, were essentially criminals of this class. They had the excuse of Csesarism, and were not wanting in the redeeming features whicli the believers m despotism are wont to flatter. But the tendency of tyranny was to develop a character of lawless lust and cruelty, a character to which recondite evil became good, a fantasy which found pleasure only in arbitrary violence' against nature and law, in exquisite varieties of sin and inflicted pain. This is the type of man which we find in the medieval cities of Italy, and the Baglioni may mate with the Penthelidae, Ezzelin with Periander. But there were also commonplace practices of tyranny, th^ mere natural result of greed and selfishness of a low sort, which have had their likeness in our own time. When we read how the tyrant is a stirrer up of war, how he fosters distrust between citizens, how he puts do^vn all public gatherings, how he has his police everywhere, how he encourages the extravagance of women, how he impoverishes the State with public works, how he associates with the worst of men, how he sets class against class, how he corrupts all classes, we think of the author of the Crimean and the Mexican expeditions and of the coup d'etat, the cause of great men's exile and of low men's promotion, the patron of Hausmann, the tyrant who ' did so much for France.' When the tyrants had been expelled, for the most part, by the action of individual revenge for insult, or of combined rebellion, or by help of the conservative power of Sparta, the Greek states emerged from the struggle, each a tolerably compact body of citizens 28 SETTLED LAW. united by the wrongs which all had suffered, and by glory in the tyrannicide which had benefited all. If the tyrant had not always succeeded in ' lopping off the taller ears of corn,' at least he had levelled nobles and churls, gentiles and non-gentiles, by a common oppression of disgrace. The emancipated citizens were now heirs to the splendid public buildings, the roads, and acque- ducts, on which the tyrannic policy had expended public money.2^ jn ^\^q common feeling of relief the class privileges, which had been in abeyance, fell often into disuse. In Athens, where tlie development of democracy was, so to speak, normal, the laws of Solon had, even before the tyrant's time, made property, not birth, the qualification for rule, and even the poorest freemen had received just so much power as would suffice to satisfy them. How much that may have been it is not easy to ascertain. In one passage Aristotle represents some disputants as holding that he ' gave all a right to sit on the juries, wherefore some blame him, as if he had rather undone than 'stablished the State.' The opinion that he did establish the juries, which in time made the Demos all powerful, as well as the blame, was probably expressed by the censurers of Solon, for (in Pol. book iii. 11, 8), as well as in the passage already quoted (ii. 1 2, 3), Aristotle himself declares that Solon only gave the people the right to elect magistrates, and to bring them to trial after their term of office. Whatever may liave been the exact amount of liberty and power conceded, it is tolerably certain that the power could not have been actually wielded by poor and industrious men before 27 Pol. V. 11, 8. SOLON AND CLISTHENES. 29 Pericles began the custom of paying the jurors.^^ The laws of Solon, which were to the Demos what the laws of Edward were to the English after tlie Norman Con- quest—another name for justice and freedom, had the good fortune to please botli the people and the later philosophers. Plato looked back to them lovingly, as to the institutions of a time when our ' Lady Eeverence was with us ; ' and perhaps it was not till the Solonian constitution was restored in all its exclusiveness by Antipater and by a foreign force (322 e.g.), that the Athenians discovered how tlieir later democracy had outgrown its early limits.^^ Solon had ancliored the State, witli the fixed power of the Areopagus, whicli exercised a censorial sway, based on old religious privilege. It was the business of Clisthenes, coming after the inter\'al of tyranny, to complete the equalisation of ranks which the Pi'sis- tratidae had begun. For this purpose he introduced into the tribes many stranger-residents, and even slaves, made new tribes altogether, and separated the citizens into the local divisions of demes for political purposes, while the clans tended to become a mere religious sur- vival,3o and mode of registering the legitimacy ol" citizens. What with new guilds, new triljes, and tlie bringing together of the many separate family-worships into few and common shrines, everything was contrived so as to -^ Grrote, iii. 170. 2 Plato, Lays, 698, 744. deaTrSns 4vvv ris aiUs. Grote, iv. 139 roJ. VI. 4, 18; where Ari.stotl*^ says that the same sort of reform was carried out ,n Cyrene. Herodotus, v. 69, says he made ten tribes mst.ad of four, but supposes him to have done so out of contempt for the sons of Ion. 30 THE ULTIMATE DEMOCKACY. blend the State into a new avi'OLKi In many states, as in Thebes and Cormth, Oligarchy was as successful almost as Democracy was in Athens, and, in spite of insur- rections gave the stamp to the character of the city. her states, again, lived without fixed character, either Oligarchic or Democratic, and changed with each Z tV'^' brought back one party o'f exiles, a^d drove the Government to wander in search of foreign Athens had fairly consolidated their powers, and had Tor^ "^''T"' their state-character as Liberal 01 Obstructive, they were always interfering with the politics of the smaller towns, and so preventing a normal development. 33 Still on the whole there did exist a normal and natural law of revolution which subject to occasional variations, governed the internal' afifairs of the Greek States. Having sketched their his- torical career to the period of full gro^vth, it becomes necessaiy to examine the many causes that inclined the balance in every direction, from the loosest democracy to the sternest oligarchy. "^ '2 Herod, vi. 56. "Pol. iv. 11, 17; V. 7^ 14^ 32 CO>'STITUTIONS. VI. INTERNAL CAUSES OF VAKIOUS FORMS OF THE STATE. Aristotle bas left us an elaborate tbeory of tlie causes wbicb produced not only Oligarcbies, Democracies, and Tyrannies, but also tbe various degrees and sbades of difference tbat distinguisbed one from anotber Oligarcliy or Democracy. All tbree forms of constitution are in tlie first place to be considered as irapcK/Saaeis^ as in- stitutions wbicb bave missed tbe rational order, founded on tbe very nature of tbings, wbicb governs tbe real iNIonarcbv, tbe true Aristocracy, tbe genuine Common- wealtb. To fall sbort of tbis perfection, tben, was tbe common feature of all existing non-ideal governments; but tbev fell sbort of it in various manners and degrees. Tbey varied in tbeir cbaracter— tbat is in tbeir organic arrangements as to tbe distribution of power, as to tbe sovereign, or strongest portion of tbe state in tbe last resort. Tbe sovereign {Kvpiov) is ' tbat wbicb decides in questions of war and peace, and of making or dis- solvino' alliances, and about laws, and capital punisb- ment, and exile, and fines, and audits of accounts, and examinations of administrators after their term of office.'^-* Clearly tbe cbaracter of tbe^ TroXmu/xa or constitution may vary almost infinitely — (and to ob- serve tbe variety of sbades was Aristotle's main pre- occupation)— in proportion as few citizens or many belong to tbe sovereign body, and in proportion to tbe 3» Tol. iv. 14, 3. J CONSTITUTIONS. 33 degrees in which they share, and the manner in which they exercise sovereign functions, and the amount of discretion and power they allow to the elected magis- trate Judicial, administrative, elective, legislative func ions may be arranged, in states so smaU as the Greek cities, m hundreds of artificial ways, so as to preserve a balance of power for a year or two. States were thus differentiated as regarded the form of their constitution, and again they were differentiated afmed" T ^'"'^''V^*'" '"'' "''''' '' ^^^-^ they aimed. This aim, whether in Tyranny, Oligarchy, or Democracy, was a selfish one, namely the interest of one lawless ruler, of the few who were in power, or of i the poorer freemen. All oligarchies, however, were not \ equally selfish and equally narrow, nor ail deLocrlcie on one level of indolence, useless meddlesomeness, nd W but none, not even Tyranny, might not be ren- / chTniT r'''"i' ""'^ '-''' ^"^'•'^'^^ - --*-/ change, by the moderate exercise of power which preserve, the duration of governments, while duration might make even an oligarchy lose its virulence, as diseases grow milder when they have long prevailed in a country. This is the tolerant way in which A^tot J Sti : ;"^""^" p°""^^' ^°^^^^- ^^^^-t^f*^ 4 might be to his own sense of right. - The constitution and character" of a state depended on, and was in fact identical with, the distribution of power, and power was distributed in accordance with the proportionate differences in the social elements, There were nch men, poor men, men of middle fortune 34 OLIGARCHY AND DEMOCRACY. OLIGARCHY AND DEMOCRACY. 35 men who could afford heavy armour, others who went light-armed to battle, and the bulk of the people de- rived its livelihood from trade, agriculture, or fishing and maritime enterprise. All these classes of the population, which might be reckoned in six sets, as husbandmen, handicraftsmen, warriors, men of property, priests, judges, had their various tasks, and claims to power and recompense from the state, and the character of the state was determined by the proportions in which each class got its claims recognised. ''When men of wealth and birth were powerful, they would exclude husbandmen, handicraftsmen, and tradesmen from rule if possible even from the general asseml)ly — on the pretext that persons engaged in business had neither the leisure necessary for the discharge of civil duties, nor strength and skill in war. Where, on the other hand, circumstances such as tlie victory of the seafaring popu- lation of Athens at Salamis, or a defeat in war which weakened the aristocracy, threw power into the hands of the multitude, they would establish Democracy, glory in that as the only really free constitution, and reply with the watchwords of ' equality,' ' rule and be ruled in turn,' ' trust the sacred lot,' ' collective wisdom,' to the Oligarch's pretension of wealth, education, and high birth.^^ The constitution now established might vary, Aristotle thought, in four degrees, resulting from the nature and occupation of the ruling people. In a Democracy, where the majority of the citizens were husbandmen, and had little leisure to spend in the market place, or where the holders of magistracies «* As to the Lot, Plato, Laws, 690 C. were selected out of the possessors of a slight census, or even where all citizens were eligible for office, but the mass, being poor, had to attend to their own affairs, Law was likely to reign, and not popular self-will. But when there was a large population, paid out of the state resources, out of tributes, fines, and so on, for attend- ance at the Assembly, Law Courts, and Theatres, the last and worst form of Democracy arose. All the social evils of tyranny were felt ; the people had its flatterers, as tyrants had theirs ; justice was perverted by greed of fines. In such a state popular will ruled through decrees, instead of the passionless No//,os, and the regulative powers of the upper house or 7rp6/3ov\oi were disregarded by the brawling Assembly. When, on the other hand, birth, wealth, and edu- cation managed to make good their claims, when an Oligarchy was established, that too might be more or less intense in its action. A tolerably large class in easy circumstances might be the actual sovereign, or again, a very large property census might be demanded as qualification, or power might fall into the hands of one family or kinship, and, worst of all, the self-will of hereditary rulers might override Law. In contradis- tinction to these degrees of injustice, the UoXneia, or Commonwealth, was a form of well-tempered state, which united the virtues and satisfied the claims of freedom, wealth, birth, and native genius or virtue. Any form of Oligarchy or Democracy, or the juster Commonwealth, might be gradually brought about by slow transfer of the balance of power, by raising or lowering the franchise, electing to magistracies by vote, D 2 H^^ I l( i 36 EEVOLUTIOXS. an oligarclnc arrangement, by lot, as Democracy pre- ferred, or by combining both systems. In the Law Courts there might be many degrees of property quali- fica ion conferring the right to sit on trials, and many shades of power might be entrusted to the Senate, to the ISomothetae, and to the Assembly. In oligarchies and democracies all these matters were in a state of delicate equipoise, which might be upset at any mo- ment, with consequences affecting the whole state. The smal est thing may be the occasion of a revolution really involving the most important results,' says Aris- otle whose theory of revolutions is an expansion of VII. THEORY OF ItEVOLUTIONS. EEYOLrTiONs and civil strife, were the permanent dangers of the Greek City-state, and the great bar to Its usefulness as an instrument of education, and as an environment of the perfect life. As the character of the citizen shifted with that of the city, and as that was a ways changing, there could be no stable character at all. Therefore what the Greek political theorist wished to secure, before all else, was a permanent constitntior^. As a rule he made the error of thinking that this could only be found in a stationanj condition of society, ^hich he found more nearly attained by Sparta than by any other State. A theory of Revolutions wa, therefore a necessary part of political philosophy, and f /■< a ^1 n I J I > * I • PLATO'S THEOEY. 37 in Aristotle's theory tlie difference between the methods of himself and of Plato is very clearly displayed. Plato's views are made difficult to us by the fact that he starts from an astrological scheme of numbers which rule the existence of his ideal city. During a certain necessary cycle of time there will be certain births of inferior citizens among the Guardians ; hence a selfish love of wealth, and of individual distinction arises, and the ideal polity is corrupted into a likeness of the warlike Spartan commonwealth. In the decline to Oligarcliy, to Democracy, and to Tyranny, it is always the passion of greed that is the corrupting power. Oligarchic magistrates engage in commerce — a practice, as Aris- totle says, forbidden in most real olio-archies— thev impoverish young men of birth, and thus a class ari., 5. Wliile the old Greek ideas prevaile.], there would seem no injustice to the heirs in confisca- tion. Ihe whole house had sinned ^ith the sinner Of Eoeckh Public Economy of Athens, Engl. Transl. 393. Does iicfearchns sav It was a farourite practice ^vit\i Xhe Athenians ^Ui entrim the resident aliens, orishespeakingofthebasersort whom he calls the J^/k/ p Ul ? MACEDONIAN PROTECTORATE. 51 from the old, that they may well have thought the con- tinuity stopped, the existence of Hellas ended. Greece was not dead, but changed— so changed that those who looked back to the years in which she best fulfilled her own ideas, the years of Salamis and Himera, when she withstood in one day the whole force of two alien bar- barisms—or to the age of Pericles— might well have thought her dead. Yet we find Aristotle studying her political conditions, as if she were still the Hellas of times past, and we may well ask what was the nature of his practical hopes and aims. In the first place Aristotle had to recognise the fact that, what with the weakening of Sparta and Athens, the rise of Macedon, the failing strength of the old natural enem}^, Persia, what with the new cosmopolitan philosophies and the spread of enlightenment, national feeling, attachment to the city, exclusive pride in Hel- lenism, were waning forces. It has been suggested that he wished to revive the national sentiment, in the spi- rited words which contrast Greeks with the warlike and unsettled tribes of the North, and with the tame, though crafty Asiatics. ' Greece might rule the world, if she came under one single government,' he says, and the hint may imply a whole theory of an united Greece, combined with and absorbing the military order and drill of Macedon.''^ There is no word, however, to tell how Aristotle would have produced the union ; whether it would have been a Trafi/SaacXsla, a monarchy of the « Pol. vii. 7. This is the view of Oncken, 'Die Staatslehre des Aristot.' ii. 272, 274 : ' Undbleibt als Panhellenisches Ideal des Aristo- teks nur iibrig, der Bund der Ilellenischen Froistaaten unterder Schirm- herrschaft des Makedouischen Konigthums, &c.' B 2 52 THE STATE EDUCATIONAL. one best man, or a federation. But Greece would have thought such a federation, under the leadership of ]\Iacedon, as low as the subjection of Thessaly seemed to Demosthenes, ixrj fiovov Kaia ttoXsls aWa koX kujcl sOvTj hov\£V£Lv, So sliglit is Aristotle's allusion, that we are compelled to guess that he only glanced at the idea, and put it away as one too happy ever to be realised. If he did not hope then for an united Hellas, what manner of political life did he still think possible for Greeks, under the old political forms of the City-state? To answer this we must remind ourselves of the extent to which politics und morals blended and merged in the minds of Greeks. The State was, as has often been said, like an University, or, again, like a Eeligious Order ; its drill, the devotion it claimed, were like the enthusiasm demanded from his followers bv the founder of the Company of Jesus. JS^ow if Greeks could either forget that the sceptre of the world had passed from Hellas, or could accept the old city life on a lower level of dignity in face of the rest of the world, tlie old city form might still suffice for the politico-moral training of men. Aristotle, therefore, seriously studied all the conditions of past Greek political experience, and, if he could not cure the evils which vitiated the life of the State, could at least put his finger on them, and say, ' Thou ailest here, and here.' This kind of pathological examination of the states and their disorders is, in short, Aristotle's practical contrilmtion to Greek State-lore. His minute diap-nosis of the diseases of the polities had never been so well attempted before, and, as he himself said, if we know PEACTICAL ADVICE. 53 the causes of the ruin of states, we know the remedies. In the first place even the most minute violations of Law were to be scrupulously guarded against, for the accumulative force of many small changes destroys the strength of Law, which lies in Custom. Here Aristotle is far enough removed from our conception of Law as a living thing, that developes with the changes of society, and he ratlier holds to the ancient theory which wished to stereotype and fix society in a stationary condition. Again, the joarty of the State which possessed power should never use it to harm ' those within or those outside of tlie constitution.' Thus he recommends short terms of ride, as short as six months, to avoid all appearance uf injustice in a State wliere many share tlie highest fran- chise. Short terms of office, also, are unfavourable to the growth of tyranny. Again, in oligarchies and polities, where there is a money qualification for the highest francliise, there must be a yearly census to prevent a depreciation, or a rise in tlie value of money, from dis- turbing the balance of the State. And this is only one practical way of guarding against the (disproportionate growths of power, which destroy the artistic symmetry and pervert the very life of cities. A censorship should watch over private morals in the same interest, and rich and poor should be made to feel that they are not hostile camps, but have the same real interests in poli- tical permanency. This will follow from a system of unpaid magistracies, which the poor will desire less, and whose holders they will not envy. In Democracies, not only should all clamours fin- division of property be repressed, but not even the 54 MODEEATIOX. incomes of the rich should be subject to disproportionate charges. Aristotle disapproves of the large and un- necessary expenses incurred by volunteers at Athens, to provide spectacles, banquets, and music for the en- joyment of the Demos, though one might suppose that, where there was no wasteful extravagance, such liber- ality was a happy mode of keeping up ^a/a between rich and poor. To be brief, Aristotle advises all gov- ernments, of whatever shade, to avoid being too empha- tically themselves. The less democratic a demos is, the less oligarchic an oligarchy, the less tyrannous a tyrant, the more each of these forms of rule approaches the natural 'mean,' and the more likely is it to last undisturbed. Practically, then, Aristotle recognises the State, even in its erring forms, as a most valuable educational orga- nism, whose value improves with its permanency. It might, even in his late time, remain the best environment of the noble life. And thus Aristotle did not think it below him to frame laws for his native city of Staoira where, even in the fourteenth century of our era, he was revered ' as thoughe he were a seynte,' and where men hoped 'that through inspiracioun of God and of hym, they schulde have the better Conseile.'*^ <« iVIandeville, Voyage and Travaile, p. 16. GREEK VIEWS OF SLAVERY. 55 XI. SLAVERY, COMMERCE, AND THE LATER DEMOCRACIES. The mind of Aristotle, like the Greek State system itself, was influenced by traditional ideas older than the development of the State, and he attempted to apply these ideas at a j)eriod of history when the State was being sapped and weakened by many novel forces. The confused result is very plain in Aristotle's discus- sion of the questions of Slavery, of Commerce, and of ultimate Democracy. In tlie first j)lace he was anxiousii to support the Conservative view of the institution or? Slavery. This view was tln-eatened on many sides. In ' the spliere of politics, both Tyranny and Democracy tended to relax the restraints imposed on slaves, and we learn from Xenophon, as well as guess from Aristotle, that the slaves in Athens were well-to-do, riclier than many citizens, free and easy, not distinguishable in their attire by the one-sleeved tunic, not to be struck by men who were not their masters. Again, the new theories were all against sLiNery. S]3eculators called it a violation of Nature, just as Rousseau did so many centuries later."*^ The Flesh and Blood argument of Mr. Gladstone was applied to slavery. ' God made all free. Nature has made no man a slave,' said Alcidamas. 'No one is worse w^hen he becomes a slave, who was •*^ Rousseau, Biscours, p. 65 : — ' Se trouve-t-il un homme d'une force assez supcrieure a la niieuiic, ct de plus asst'Z deprave, asscz paresseux, et assez leroce, pour me contraindro a pourroir a sa subsistanee pendant qu il demeure oisif; il taut qu'il se resolve a ne me pas perdre de vue un seul instant.' 56 SLAVERY NATURAL. SLAVERY NATURAL. 57 good when a freeman; said Euripides, contradicting the Homeric saw, i]fj.i(Tv ycift T uperijg aTroairvrai ivpvoira Zevq AvipoQ, ti, t' av jiiy Kara houXioi^ ^Ifiap ekriaLV, Again, ' if one be a slave, he hath the same flesh as the free, for no man ever was born a slave by Nature, but evil fortune has enslaved his body.' *» In opposition to this sentiment, and in accordance with his firm belief in old Greek ideas, Aristotle goes to work to prove that slavery is natural. One argument [comes easily to hand; all Nature is arranged as a >( 'hierarchy of rulers and ruled, and it is necessary to the safety of society that tlie element of society which has . full reason should direct the element tliat has mere bodily strength. The poets had said as much: 'It is right that Hellenes should rule barbarians.' (Eurip. Iph. Aid. 1400.) This text proves that the idea is an orthodox one ; besides, everjrthing Nature makes has some pur- pose, nay, has one purpose, and to what purpose were 1 barbarians created except to be slaves, and wild beasts except to be himted ? Again, a household is a natural commimity, and to suffice the wants of this community there must be instruments. Now instruments will not work at the word of command, so there is absolute need of living instruments. The poor man has only his ox, but Nature (improving on this early state of the slave- less Phocians) has provided slaves, that is, men who are naturally not their own property.^^ Slaves diifer as '8 Cf. Oncken, ' Staatslehrp dos Aristoteles.' A^ol. ii. p. 3i. ■•' Athenfeus, 6. 86, 88 : 'Phocians had no slaA'es at one time. Slaves may bo divided into the classes of slaves bought, slaves bred in the much from other men as body differs from soul, and* beast from man. The best thing they have to contri-/ bute to the community is simply their bodily strength.' Here we meet the difficulty that Nature has sepa- rated body and soul, man and beast, by obvious unmis- ^ takable differences. Now why has she not separated citizens and slaves as widelv ? To answer this Aristotle looks about for visible differences. First, slaves arev barbarians; again, slaves have not the erect port which ^ the freeman gained from the gymnasia and arms, for- bidden to tlie unfree. Aristotle was unfortunate in the iact that the slaves of the Greeks were not negroes, for then he might have said in earnest, what Montesquieu said in irony, about the impossibility of supposing that God had meant to give freedom to beings with such ill-formed noses. Aristotle's search for an universally acknowledged difference between the shape and semblance of slaves and freemen being half a failure, he has to declare that Nature 'ivlshes to make their bodies diffisrent.' But Nature^ as we have seen, does not always get her own way. It is for the philosophers to detect her intentions, and explain them, and therefore Aristotle proclaims that Na- ture has made the two classes of free and slave, though^ she has only occasionally succeeded in making the dif- ference visible. ('H Bs (f)vaLS fiovXsrac ^ikv tovto ttolsIu TToXXa/cty, ov /xivTot hvvaiai.) A later chapter sets out that the slave is indeed a man, but that his virtues family, and slaves taken in war. The Chians were the first buyers of slaves. There wore slaves attached to sacred territory, and unfree land-serfs.' Cf. Hermann's 'Lehrbueh der Griechisclien AnticjuiLiiten/ iii. 79-90. I i 58 DEFENCE OF SLAVERY. CHRISTIANITY AND SLAVERY. 59 ^ only correspond to those of the part of tlie soul which is obedient to reason. To soften the severity of the argument, Aristotle alleges that the relation is for the ^ good of the slave (accidentally), as well as (essentially) tor the good of the master. Moreover, there is an af- fection of a sort between master and slave, and through his relations to the master the slave is 'a partaker In common life,' as indeed he is accepted into the religious services of the household to which he belongs. He^'may also, if he be a free-born Greek taken in war, console himself by reflecting that he is not naturally/, but only casually, a slave. In this argument Aristotle uses Kiture in his favourite sense of the perfected development of insti- tutions. The State is such an institution.'^^ Tlie State consists of freemen at leisure, and onlv througli slave- labour is that leisure to be obtained. The philosopher has passed beyond even the old aristocratic sentiment of Homer's time. Odysseus was a practised ship-builder and husbandman, but Aristotle's burghers would disdain to hew wood, and to dig they would be ashamed. Thus slavery is necessary, and, like Plato in the Laws (777 D), Aristotle would prefer to have barbarous slaves of various speech, rather than to employ an earlier subject popu- lation of Greeks, as did the Thessalians and Spartans. The theory seems odious to us, because we have been used to see the old institution, which in ancient society had a meaning and a purpose, namely the attainment of the perfect life, existing in a society with a changed con- science, and a changed purpose— money- making. »• Pol. i. L To understand and to forgive Aristotle's opinions on slavery, let us remember what Christian philosophy of the best period had to say on this matter. iEgidius Romanus, a pupil of S. Thomas Aquinas, reasons thus : Man has fallen from the liberty he had in Paradise, has lost the right to belong to himself, and is thus natu- rally liable to be made a slave. Again, he is legally liable tc become a slave, if he is taken captive in war. The author of the 'Summa Theologice' also avers that slavery though unnatural before the Fall, is now rather an addition to, than a departure from, the Law of Nature.^^ When theology aids political speculation in this happy way, there is clearly a deep and powerful con- viction of human nature at the bottom of the theory that slavery is natural. The cause of this conviction is long custom.^^ Captives taken in war pay with their liberty the ransom of their lives. Again, children are naturally ^ tlie proj^erty of their parents, who, in Greece, might sell them till they reached the age of seven. Again, certain disgraceful actions have in most ages been pun- ished with loss of liberty, and in early times men gambled away their bodies and their freedom, or bowed their necks for bread in time of famine, or lost their liberty through debt. Thus all nations have been familiar with the fact of slavery, and witli the theory of naturally distinct classes of men. When philosophers, as culture advanced, have tried to discover the ideal, and the aim of life, they have looked on it as the aim of tlie best class, and have found a fitting function for " Ad Franck, * Reformateurs ct Publicistes de TEurope,' 89, 90. S. Thorn. Aq. Prim. Sec. ix. xciv. 5. " Kemble, ' Saxons in England.' The Unfree. {i '> 60 BETTEE SIDE OF SLAVERY. AMBIGUITY OF TERM 'NATURE.' 61 the other classes in mere service. All this is shocking to us, who neither believe in natural distinctions o'f classes, nor in any universal aim of life, except that of * getting on in the world.' We therefore leave all nominally free.to strive towards this noble goal, which we well know tliat only the few can reach. The ancients, and the Christian doctors we have alluded to, were equally well aware that but few could attain to their very different goal -Perfection. The former accepted slavery as a means towards that end, the latter knew that no earthly condition made its attainment im- possible. Finally, we must remember that no one would have been more bitter than Aristotle against the negro- slavery on plantations of modern days. To turn the servants of the noble life into tools of limitless money- making, would liave been, in his view, unnatural. We must remember also, that he would have held up the promise and reward of freedom, to stimulate his serfs ^ to virtuous lives, and, with freedom in prospect, and I friendship in the meantime, with every lovely rite of I divine service performed for their sake, there may have been worse lives than those of the Greek slaves.-^^ ^he heroic fathers of their masters had often borne the yoke, when captured in battle, and the father of the Ionian race, Apollo, the mediator between men and Zeus, had come down to earth upon a time, and had been the !slave of the king Admetus. Thus, while we may wish to see r::^^:;^et '"'' "^'"^^ ''' '''-''' --- ^-^ --« ^^ h a state of things in which life shall have a noble aim, towards which all sliall be equally free to strive, we cannot agree with writers who allege that ' Plato and Aristotle, wdth almost cynical heedlessness, sacrificed the toiling multitude to a select moral oligarchy, who appropriated the virtues by a kind of natural selection.' If the domestic slave, the bright side of whose lot we have sketched, and if the husbandman slave in his subject commune, and his life under a Grecian sky, were ' cynically sacrificed,' what shall we say of our owii miners, and of our own starved and ignorant peasantry ? Aristotle found that Nature was in conformity with Greek practice in tlie matter of Slavery. But Nature was out of conformity with Greek practice in the matter of Commerce. Aristotle proves this by using ' Nature ' in the reverse of his usual way. Slavery w^as/ natural, because it was a finished result of the working\ of circumstance and reason in human life. Money is/ unnatural, because money is not a primitive institution, but the result of a covenant, that is, the result of the^ w^orkinof of circumstance and reason in human life. Acquisition of all things absolutely needful, begin- ning with food, wdiich Nature provides for the chicken in the e^g<, is necessary, and thus barter is natural, as it provides things necessary, and no more. But money is neither a rtatural ^ro^wci, nor a thing of any intrinsic usefulness, nor a thing to the desire and collection of which there is any fixed limit, and, though dead matter, it manages in some unholy fashion to breed its like, in the shape of interest. Commerce employs this unnat- ural substance, and commerce makes gain from the 62 CONTEMPT OF TRADE. other party to the bargain, while usury is a sort of crime, like 'sweating' the coin. In this tirade against money Aristotle is really taking up a position like that of Rousseau. He wants to go back to a state of nature in which barter supplied all natural wants, and forgets that, witliout money, no civilisation like that which he delighted in, and no intercourse between polished na- tions, would have been practicable. He forgets, too, that, even before money was invented, people might find no limit to wealth-seeking. The fo)^ da-rrsTo'^s of Odysseus (Od. xiv. 96) went beyond limit of his con- sumption, and its aim was, not nurture, but power, as he could make grants to his comitatus out of his herds and flocks. In fact Aristotle is carried away by the old aristocratic hatred of trade, as marked in Greece as ever, it was in feudal Europe. He has the Socratic contempt for any man who ' prostitutes ' his courage for gain, as a soldier, or his eloquence for gain, as an orator, or his wisdom, as a teacher. All such conduct makes that an instrument which should be an end. The love of money has brought strangers into all cities, and spoiled the ethos, and confused the customs. Money has put power in the hands of men of no birth, and has enabled the Demos to leave his handicrafts or field-labour, and attend to politics, and pay himself by confiscations. For it is difficult for the poor to meet in unpaid As- semblies, and, where there are no revenues, this paying of Assemblies is hostile to the few, for the money must come from taxes, and fines, and unjust courts of Juror disproportionate number of daughters born, and the kinsmen who married these daughters would fall heirs to the lots of the family whose males were extinct, and three generations of this sort of thing would make an immense difference in landed property. » 2 84 LAND-TENUKE IN ATTICA. THE EUPATEIDiE. 85 ii EARLY LAND-TENURE IN ATTICA. The condition of land-tenure in early Attica is even more difficult to understand than in the case of Sparta. In Sparta, and in Dorian communities generally, we have the traces of an undoubted conquest ; the land naturally falls into the hands of the conquerors, and they, in their contempt for husbandry, live on the rents paid by the vanquished peoples, who are reduced to various stages of servitude. But in Attica the people were proud of their immemorial freedom from invasion. It is only through the mists of mythology tliat we guess at a conquest in which the lonians played the part of Dorians. When we come to times on the threshold of history, to the age of Solon, the land ques- tion is one of the chief social difficulties. We find an impoverished class of husbandmen, who seem to have been owners of the land, because we hear much of the mortgages on their estates; and, again, we read of ifCTTjfiopLOL, apparently tenant farmers, who paid either a sixth as rent, or who only kept a sixth of the produce of their farm for themselves. Now the Helots paid a fifth of the produce to their Spartan lords, and there seems nothing so very crushing in the contribution of a sixth, as to account for the distress of Athenian farmers, while it is impossible to suppose that the cultivators could afford to retain only one-sixth, and to take all the expenses of husbandry. Who then, in the first place, were the landlords of the ifCTrjfiopioL ? Boeckh says the Hopletes possessed all the land, in which case the mortgages prove that many of the Hoplete class were indebted to others in the same rank. There must apparently have been both small and large holders, and it is usual to suppose that the Eupatridse were the large holders. Now some writers, as Dr. Curtius, make the Eupatridse include all the 360 clans divisible into 10,800 houses.'^ As this number of full citizens is at least as great as the highest number ever attributed to Sparta, we return to the old difficulty: there could scarcely have been any land left for large estates, owned by the oligarchy. This view also seems to imply that clansmen and Eupatridae are interchangeable terms, an idea disclaimed by Dr. Curtius in his appendix. We hear in point of fact of clans of no consideration.'^^ Again, we find a doubt whether the EupatridoB were autochthonous, or, on the other hand, foreign houses of distinction.^^ Perhaps the easiest way to understand the whole position is to remember that the awoiKtais of Athens was a gathering together of several towns, not of villages. Each town must have had its own clans, and it is consistent with analogy to suppose that one of the clans in each town was that in which the blood of the race was supposed to run purest — was the royal clan from which rulers were chosen.^^ When Theseus united all the towns, Plutarch says ^^ that he chose out and set apart the kingly clans of each from the yeomen and the labourers. To such Eupatridae, as to Laertes in " Curtius, vol. i. pp. 307, 476, 478 (Engl. Transl.). " 76Vrj &So|a. Etym. Mag. 760, ap. Meier de Gent. Att. p. 10. '* Suidas in verb. ^ Maine, History of Early Institutions, p. 132. "* Plutarch, Theseus, 25. itpwros airoKpivas x^^P^^ euTrarpiSas koI y€(i>lii6povs Koi hjfjiiovpyovs. >, 86 GREEK SAER AND DAER TENURE ? iili '111 Homer, it would be a discreditable thing to live in the country. But these noble houses would not in- clude more than a small proportion of the members of 751/7;, who would still, very likely, stick by their original lots in the country. Everything would tend, however, to raise the town dwellers in wealth and' culture; indeed, the very fact of chiefship implies wealth ; and if we may look on Solon's law prohibiting the acquisition of landed property beyond a certain ex- tent, as a trace of an old inalienability of lots, we may guess that the town nobles had begun to covet more than their mere lot of land. Now let us suppose that though the nobles' lots were originally little larger than those of other members of clans, yet that the nobles were wealthier in cattle ; let us consider the absolute necessity of a large stock of cattle for rude agriculture ; and we can understand that the Eupatrid^ might allot some of their superfluous stock, on onerous conditions of rent, to free but poor landholders of the clans. ^2 We find this kind of tenure, where land was easily obtained, but the means of tillage was hard to get, producing various grades of debt and of clientship in early Ire- land.83 ' In very early times land was a drug, while capi- tal was extremely perishable, added to with the greatest difficulty and lodged in very few hands.' Thus, while the land was the tenant's, he was obliged to take capital (cattle) from the chief, and if he took much was a daer.or scarcely free man, paying heavy rent, if he took little, a saer tenant, paying less rent, for stock, not for land. !! ' ?^®^ °^ ^^^y oxen.' Nasse, Land Community, p. 43. " Maine s Hist, of Early Institutions, passim. SOLON'S REFORM. 87 For chiefs read Eupatridse ; for saer and daer men of their clans read free yeoofiopoc ; and we have an in- telligible account of how the poverty, debt, and servile condition of men who were still landowners arose in Attica. It might be in such an age of the extreme importance of cattle that the primeval Athenian law against killing oxen was made. I should be inclined, however, to refer this law, both in Attica and India, to another cause. Be this as it may, the introduction of money, not long before Solon's time, must have compli- cated matters, and the mortgage pillars may be conceived of either as records of an early attempt on the part of Eupatridse to seize the clansmen's lots, or as records of the amount of the mortgage, or of dues of food rent, on the land, or on the produce. Meantime hirelings (Otjtss), and broken men from other tribes, would have their own grievances. There would be plenty of dis- tress, but by the removal of the opoc by Solon, and the consequent decline of what we may almost call the seignorial rights of the Eupatridae over the lots of the freeholders, the land would be left in the small holdings of the democratic age, when Alcibiades had but sixty acres, and when only 5,000 citizens were not land- owners.^* We have tried to account for the curious fact that freeholders were crushed with rent, and yeomen with debt due to nobles, on the principle of Sir Henry Maine, that wealth was part of the essence of nobility, as, indeed, early warfare tends to enrich the chief. We have adopted his suggestion of a way in which the 8* Boeckh, Public Economy of Athens, p. 486. I 88 SOLON'S KEFOEM. debt would be incurred— namely, by a Greek form of the custom of taking stock (French chax)tel de fer, Scotch steel-boiv), crossed by the conditions of urban life, and by the introduction of money. And we have seen that, unfortunate as they were, the debtors might yet be landholders, and so their lands might be covered with 6poi, i.e. pillars registering rent on the land, or recording mortgage, if we suppose that land was becoming alienable at least to the chiefs. This theory supposes that opoi was as much the legal name for mortgage pillars in Solon's time as in later Athens.«5 Mr. Cox has recently tried to show that the pillars were sacred land-marks which ' it was sacrilege to touch.' As he also holds that the land belonged to the Eupatridse, it is not easy to understand why Solon re- moved the pillars, and how he dared to do so. If he ' freed the land ' in the sense that he gave it away, to the previously non-holding cultivators, this was 'an avaha(7p6s. Now we hear that the poor were annoyed because he made no dvaBaafi6s. If, on the other hand, he only removed restrictions on the sale of land, how did that benefit the 'impoverished cultivators'? It was rich men, friends of Solon, who borrowed money and bought up land, if we are to believe Plutarch. The money they repaid after the depreciation of the currency ; the land which, when they bought it, had rent or mortgage on it, became after tlie seisachtheia, aarcKros, free from opoL, or record-pillars. But the whole business is unintel- ligible if we suppose Solon to have sacrilegiously removed Solo" ^e'^^'"''''^^'''''' '''"'' ^''''' ^'"^'"'^ ""^ ^''^^''^^ '' 2^^' Plutarch, THE EARLY LOTS. 89 ancient and sacred land-marks. Things scarcely grow clearer when the historian says that the peasant, in the circumstances lie has described, must either have become a free owner of the soil or have fallen back into his original subjection ; and in the next sentence repre- sents his peasant, presumably now a free owner, as still paying a rent. To whom this rent was paid, if the ownership of the Eupatridae disappeared with their pillars — and if it did not disappear, why were the pillars re- moved—it is hard to say. Did the State resume all landed property ? In support of the theory that in early times the Greek freemen held almost equal lots of land, a number of facts in early legislation may be quoted from the 'Politics' of Aristotle. 'Men of old time,' he says, ' seem to have recognised the advantage of equality of property.' Thus, Solon laid down a law, which was common in other states, that there should be a maxi- mum and limit to the acquisition of landed property.*^ Again, there was the injunction, as far as possible, T0V9 irakaLovs K\i]povs Biaaco^sip. Philolaus gave the same law, described as peculiar to his legislation, to the Thebans.«7 In Thurii the nobles (yvaypifioc) broke the law of the state by acquiring all the land. In the ancient states ' the first lots ' could not he sold. All the Aphytaeans were landholders. Oxylus for- bade lending on landed security. All these attempts to restrict the sale of land, and to keep it parcelled 8" Pol. ii. 7, 6. 8' Thurii; cf. Pol. v. 7, 9 ; Philolaus, Pol. ii. 12. Oxylus could not have forbidden the lending of nionct/, which came in after his time. ( • 90 AEISTOTLE ON OKIGIN OF SOCIETY. I out in small lots, may be taken, without much im- prudence, as survivals of early custom. Plato, in the regulations as to land-tenure in the ' Laws,' would have returned to the old usage, by way of rendering his community prosperous, free, and stationary.^^ In short, the views of property of the theorists in late Greece, like the economical views of some modern writers, were an attempt to restore an institution of which the religious and family sanction had long been ob- solete. XIV. THE ORIGIN OF SOCIETY. * The hole of the pit whence we were digged.' In dealing with the problems presented by the earliest associations of men, Aristotle had two great advantages. In the first place, Grreek religious tradition on the matter of the origin of society, and of the family, was various and shifting, and bound the enquirer to no par- ticular orthodoxy. In the second place, Aristotle had never heard of the Aryan race, and was not tempted to imagine that one branch of the human stock enjoyed some peculiar privileges, or grew up in a different way from that by which the other families of man have been " Plato, Laws, 740, 638, 684. ~1 THE FAMILY. 91 led towards civilisation.^s In spite of this absence of misleading notions, and in spite of his acquaintance with the rude forms of kinship through women, or of mere gregarious herding together, which observers like Herodotus had noted among the MassagetjB and Agathyrsi, 'the most delicate of mortals,' Aristotle con-(^ ceives of the family as the original unit of society.^o} Many ages of this sacred institution have made the con- ception of the family so familiar that it is certainly difficult to believe that there was a time our ancestors were unacquainted with it, in its present form. That " such a state of society may exist, however, experience suggests.^^ The more minutely we examine the so- ciety of savages, the more clearly do we detect a very gradual progress from kindred through females only, to the patriarchal stage of family life, and so to the family as we understand it.92 Now if the nameless ancestors of the ancient Greeks ever passed through the savage state, the inference would plainly be that they too had gone through several stages 89 Maine, Early History of Institutions, p. 96. «It is to be hoped that contemporary thought will before long make an effort to emanci- pate Itself from those habits of levity in adopting theories of race ' «» Herodot. iv. 104-172 ; Libyans, Pol. ii. 1, 13. The Family, Pol. i. 1, 5. *" McLennan, Primitive Marriage, p. 176. ^ Morgan, Systems of Consanguinity and of Affinity, p. 469. * The evidence from the classificatory system tends to prove that marriage between single persons was unknown to the primitive ages of mankind.' Mr. Morgan's theory differs somewhat from that of Mr. McLennan. But the connection between the higlier and lower forms of kinship may be tr»oed by so many survivals, especially by the ceremony of capture, and by nobility going on the female side, that I cannot share the doubts of 8ir Henry Maine (Early History of Institutions, pp. 66, 67). See also Giraud Teulon, * Origines de la Famille.' 92 PLATO AND AEISTOTLE. of kinship before they reached the perfect family life which we find them enjoying as soon as we make their acquaintance in Homer. Now as far as the traditions of Hellas, and the common opinion of the Hellenes went, they had evolved their civilisation out of a con- dition of savagery. Both Aristotle and Plato, to go no further, speak of the earliest men as ' earth-born,' or as being the remnant of another race left after some deluge, ' small sparks of humanity preserved on the tops of mountains.' ' Of cities, or governments, or legislation,' they could have no idea at all.^^ Neither Plato nor . Aristotle, however, lays much stress on the nature of Hheir family arrangements; the latter says that 'the * Greeks of old used to buy their wives from each other ; ' the former quotes the well-known passage from the Odyssey about the Cyclopes ' giving laws each to )his own wife and children.' Thus the two philosophers )may be said to consider Greek life to have begun in the patriarchal stage, where the father and house-master Shas despotic power {jpatHa potestas) over the members of his household. In fact, Aristotle accounts for the rise of kingly government in cities and tribes, by say- ing that these associations were made up of men who had previously been accustomed to the kingly sway of the paternal authority. Nor can there be much doubt that the first Greeks who gathered into cities had long * been in the patriarchal stage, that each father had been a king within his own spKos^ or house-enclosure, while he was but a peer in the assembly of his village. LATER AND EARLIER OPINION. 93 9S Plato (Laws, 677-80 ; Pol. ii. 8, 21 ; Laws, 782) speaks of human tjaerifice, and of abstention from the flesh of the cow. Without disputing this, we wish to ask if there was not an age beyond the dawn of history, perhaps beyond the dateless time when the common Indo-European terms for father were coined, when the ancestors of the Greeks knew no ties of blood at all, or knew them only through females ? Now, as we have said, the Greeks themselves believed that such primitive simplicity had once been their own condition. As a proof that they accepted this view without the reluctance now so gene- ral, one might quote the words of Moschion, a late writer of the school of Euripides : — i]v yttjO TTOT aiuiv kuvoQj ^j', OTrr/itVa 6r}pa\v halraQ elxot^ ificpepEic fiporoi ' 6 h' aadevrjg i)y twv a^eivoviav /3opa.^* This may be called a mere sophistic paradox ; but the author of the Homeric hymn to Hephaestus was no sophist, and he speaks of men — Ot TO ■Ko.poQ Trep avTpoLQ vauTciaaKov kv ovpEuiv yvre dfjpeg. It is only natural to attribute to cave-men the mora- lity of cave-bears, and we shall see that Greek traoi- tion did not scruple to do so. Cecrops, the Seipent king of Athens, was credited with the invention of marriage, as the Australian blackfellows of to-day assign the innovation to the Lizard,^^ Another legend »♦ I am indebted to Preller, Ausgewahlte Aufsatze, p. 287. ^^ The words of Suidas are plain enough, p. 3102. irpdrepov ykp al rris xoipas e/cciVrjs yvvaiKcs, k.t.K. This and similar expressions are not quoted as if they afTorded any historical proof that such manners ever prevailed among the tribes settled in Greece, but merely to show that nothing in Greek feeling made belief in such a tradition impossible. 94 TRACES OF SAVAGERY. Ill' ran to the effect that, before Cecrops, children in Athens went by the mother's name, just as nobility went by the mother's side among the Lycians and Etruscans, just as 'the Picts chose their royal race ever on the mother's side,' just as nobility in heroic G-reece came through the mother, and the Divine father who saw the daughters of men that they were fair.96 We thus find that neither tradition nor opinion in Greece ran absolutely counter to the view that Greeks had once been like barbarians, while barbarians had been like savages. It would not be hard to go further, and show that many traces in the symbolism of Greek marriage customs, that certain strange and revolting provisions of Greek law, are derived from an antiquity when the family was a very different thing from what it became in historic times. The mere persistence of a pretence of capture in the Spartan marriage ceremony points to a time when women had to be, as in so many Greek myths they were, stolen from a hostile tribe. And the fact that women had to be stolen points to the prohibition to marry within a man's own group, which again was deduced from a scarcity of women within the group, which must have made polyandry a ne- cessity. To take another instance, the law which allowed an Athenian to marry his sister-german clearly looked on the relative by the father's side as no relative at all, while relationship on the mother's side was a sacred tie.^^ It is unnecessary to dilate on this subject ^ The English Chronicle, p. 1. •' Plutarch, Solon. II ORIGIN OF THE TENOS. 95 more fully here, because Mr. McLennan has collected enough of the evidence that makes for the ancient ex- istence of kinship through women in Greece. What we are now about to attempt is a mere application of views which Mr. McLennan has originated and set forth with an admirable combination of clearness, originality, and learning. There would perhaps be little reason to examine the origin of the family in Greece if there were not grounds for supposing that the process which ultimately deve- loped the family produced also the germ of an associa- tion which lasted, as a political body, long after the family had acquired its civilised form. This association was the r^ivos ; and the object of this essay is to contrast the two views of the origin of that important political factor, the views of Mr. McLennan and of Sir Henry Maine. To state the matter shortly, we may say that the former writer believes the r^evos^ or at least the germ of the ^ivos^ to have existed prior to the evolution of the patriarchal family ; while the latter, like Aristotle, Mr. Freeman, Mr. Cox, Mr. Grote, and Mr. Kemble, holds, or did hold, that the 'yevos was probably composed by aggregation of families. By the first theory, the r^ivos was the earlier unit, and the families grew up and sepa- rated each from each within the bosom of the group. By the latter theory, the ordinary family existed first in time, and the ^evos was formed later by the extension ofj ^ the single family, and by the adoption of other families into the first.^^ '"Early History of Institutions, p. 66; Freeman's Comparative Politics, p. 104. Dicaearchus held the same view, if we suppose irdnpa. ^^ 96 THE CLAN IN EUKOPE. We have already seen the great political importance of the yivos in Greece. This association answered to the gens at Rome, and to the sibsceaft, or kinship, which, when settled within its own mark of land, is known in early Teutonic history as the Markgenossenschaft. Whether in Greece, Rome, or England, not to mention other countries, the members of each of these kinships all bore the same patronymic name, were all held together by the two most sacred bonds — of belief that they shared the same blood, and of participation in the same religious rites and worship of a heroic ancestor. Whether in Greece, England, or Rome, the chief I families in these kinships, subordinated to the wider ! tribal arrangement, formed the earliest aristocracies. / Outside the gentes there was neither tribal right, nor civic right, nor land, save at exorbitant rack-rent, for the stranger who settled in their neighbourhood. Even in the later times of Greece, full citizenship generally implied admission within the sacred circle of gentile feasts and sacrifices. The question which we have now to ask is, did the members of each ysvos really par- take in any degree of common blood ; were they really kindred, or was the idea of kinship little more than a legal fiction? That any traceable blood connection had disappeared in the time of Pericles, or of Gracchus, may be admitted at once. Indeed, there was a defini- tion which recognised the ysvvrJTat as connected by to have the same meaning as y4vos. 4>paTpia, vriih him, is the union on festal occasions {Upuv koivovikti (Tvvobos) of brothers and sisters, who have married into different Trdrpai. (I>v\^, or tribe, is a still later and larger division after the avvodos els ras woA-cty. — Dicaearch. Fragm. 139. THE TE'NOS FOUNDED ON KINSHIP. 97 customary law (vofiay), as having been If dpxrjs eh r^ KoXovfjLsva yivt) KaravsfJbTjOsvTss, In several places the ryBwrjiaL are defined as ov^ oi i/c ryivovs Kol d(f>' ULfiaTos irpoarjKovTss, Gentile, rela- tions, then, were not necessarily, or at least in later times could not make out that they were, blood rela- tions.93 The ancient tie of kindred had come to be/) thouglit part of some consciously invented division off the citizens, but it cannot be doubted that long before/ the beginning of political legislation the yivTj had grown) up out of some real ties of blood. The right to share in the property of a deceased fellow gentile, the duty df taking up the blood feud for him if he were slain, the common burying-place, sufficiently prove that kinship was at the bottom of the gentile division. How, then, did the ysuos come into existence ? Now, if we allege, with Sir Henry Maine, ' that it is difficult to say of what races of men it is not allowable to lay down that the society in which they are united was originally organised on the patriarchal model,' we must accept the usual tlieory of the origin of the ysvos.^^^ We must say, with Mr. Freeman, that ' the family grew into the clan, and the clan grew into the tribe.' We must say, with Mr. Cox, that though the father of the '» See a number of extracts in Meier, De Gent. Att., showing that the lexicographers supposed the geiitile relationship to have been pro- duced by enactment, vdfxc^ rivl f^x^vres Koivwviav. The synonyms for near kin, such as bfioydXanrr^s (collactanei), bfioaiirvoL, ^/to/cciTrroi, quoted by Aristotle from early authorities, like Charondas and Epimenides correspond to 'Gaelic teadhloch and coedhichc, meaning the first' having a common residence, the second, those who eat together' (M'Lennan Primitive Marriage, p. 154.) They certainly seem ?o base kinship rather on milk ties and residence than oa blood affinitv *•" Ancient Law, p. 132. ^' 98 EXPLANATIONS OF UNION OF FAMILIES. primitive household ' knew nothing of ritual common to other families,' and though the ' primitive Aryan ' lived ' in utter isolation,' yet that ' the original families might combine for the purpose of extending their power and increasing it.' It is very hard to see how this union of hostile families into trihes was brought about. Mr. Cox is led to suppose that the primitive Aryan lived ' in lawful wedlock,' in a den ' which, save his mate and offspring, no other living thing might enter, ex- cept at the risk of life.' We must presume that after his death the primitive Aryan became ' the god ' of his children, that his younger sons became the heads of new families, which were kept in strict subordination to the chief who, in the direct line, represented the original progenitor, and who thus became the king of a number of houses, that is, of a tribe. ^®* This view, which is shared by M. Fustel de Coulanges, is a perfectly simple, clear, and natural one ; but how far is it based on history, how far is it based on the facts of primitive life ? No real explana- tion seems to be given of the fact that families, said to be exclusive both by brute instinct and by selfish religion, combined with other families equally exclu- sive. Yet there is no doubt at all that distinct families were combined in the local tribes. The original ex- clusiveness could scarcely have been overcome, as Mr. Cox suggests, by any far-sighted policy of ' extending and increasing the power ' of families that, ex hypothesis detested each other. Again, if we suppose the original family to have merely increased and multiplied into a "' Cox's History of Greece, vol. i. pp. 15, 16. DIFFICULTIES INVOLVED. 99 homogeneous tribe, why were the local tribes not homogeneous ? why were they local aggregates of clans of different patronymics and different religions ? There is still another difficulty. How is it that, amono- nations still in the clan stage of society, we find the same family names prevailing in different and distant local trihes ? Take the case of Australia, one finds the same fartiily names, scattered through the different local tribes all over the continent. Take tlie case of early England, one finds the traces of the clan of Bil- lingas in Northampton, Lancashire, Durham, Lincoln, Yorkshire, Sussex, Salop, and other widely separated districts.^02 jjgj,^^ ^^leu, are three difficulties— first,/ that of accounting for the non-homogeneous character of local tribes if they sprang from one kinship ; secondly, the difficulty of accounting for the union of elements! confessedly so exclusive as the different families ;l thirdly, of understanding how the same family names were scattered through many local tribes. The last question scarcely meets the student of Greek and Eoman history, but it at once encounters the reader of early English history, and the observer of existing societies still in the tribal and clan stage of civilisation. Sir Henry Maine solves the first problem, that of the non-homogeneous character of local tribes, by sup- posing that one family admitted others within its circle by the legal fiction of adoption. ' The expedient was that the incoming peoples should feign themselves to J"2 Kemble's Saxons in England, vol. i. p. 458 ; M'Lennan, Primi- tive Marriage, pp. 273, 274, and Sir George Grey's ' Journals,* vol ii p. 227. H 2 100 AN INSTANCE OF ADOPTION. be descended from the same stock as the people on whom they were ingrafted.' ^^^ Mr. McLennan asks, 'where is the evidence that the fiction of adoption was ever employed on so large a scale as to account for the heterogeneity of such groups as the tribes of Home, Greece, or India ? ' One might point, in reply, to the very modern instance of the Kaffirs. Within the memory of men a certain Englishman has become the nominal father of a tribe of more than three thou- sand Kaffirs. This came about through a curious kind of savage ' commendation.' The English settler, who was rich in cattle, bought wives for a number of Kaffir vassals ; these vassals took his family name as a tribal name; they increased and multiplied, holding their wives of the Englishman on condition of military ser- vice, and our countryman, a Mr. Finn, is thus the nominal father of the whole tribe of Ama-Finns. There must meanwhile be numerous older family names within the tribe of Ama-Finns. Here is a bizarre in- stance of the extension, by adoption and legal fiction, of the Finn family. Curious as this case of adoption seems, it is not an example of the process by which family names got scattered through the local tribes over the continents of Australia and North America, and, as it seems, over North Germany in the ages before the English invasion of Britain. There is good reason to believe that the r^svr) of Greece, the Eoman gentes, the sibsceafts of the early English, were not developed out of the family as we understand it, by natural increase and by adoption. >»» Ancient Law, pp. 130, 131. THE CASE OF EAKLY ENGLAND. 101 They were very probably survivals from an earlier stage of kinship than that of the ordinary family. It was not the processes of natural increase of one family, and of adoption into it, that developed the clans of Australia and of North America. The members of these clans bear each the clan patronymic, perform the same super- stitious rites, and are bound to mutual defence. So far they resemble the Greek rysvrj. Again, they are scattered through all the local tribes, so that, in Aus- tralia, a man of the Kangaroo family may belong to the Waddaroke local tribe, or to the Ballarat local tribes and so on, just as in England a man of the Billinga clan, or of tlie Arlinga clan, might be a Somersaeta, or a Huicca, or a Lindisfara by local tribe. This curious scattering of the family names through the local settle- ments in England has puzzled Mr. Kemble, who ac- counts for it by the confusion of the English invasion, and by later wanderings and colonisations. But if the Arlingas, Billingas, and so forth, were once scattered over North Germany, as the men of the Snake, Sun, or Tortoise clans are scattered all over America and Aus- tralia, it would necessarily happen that when a Jutland tribe invaded the south of England, it would leave families settled there of the same names as a Schleswig tribe would leave in the north or west of England. ^°* Now, it can be absolutely proved that the clans of America and Australia were developed not out of ag- gregations of ordinary families, but through counting kindred by the female side, and through a strange custom which prohibits a man from marrying a woman »"* Kemble's Saxons in England, vol. i. p. 59. 102 'EXOGAMY' IN AUSTRALIA. of his own patronymic. ' The children take after the clan of the mother, and no man can marry a woman of the same clan, though the parties be in no way related according to our ideas.' ^°* We have seen that the members of the ^ivos were ' in no way related according to our ideas,' ov Kara 'yivos ak\r}kois TrpoarjKOVTSs oi;8' a-TTo Tov avTov aifjLaTos, according to their later notions of relationship. If we trace the results of the savage rule of mar- riage, we see that a man of the Ballarat tribe, and of the Swan family, may not marry a Swan woman. If he marries a woman of the Wandyalloch tribe, and of the Kangaroo family, his children, taking her name, become Kangaroos within the Ballarat local tribe and almost within the Swan jhos. Yet they are bound to fight, in case of blood feud, for the Kangaroo family in whatever local tribe it may be situated. Thus, by a process not that of adoption, one family, however natu- rally hostile to all other families, is brought within their circle. It is scarcely necessary to trace the causes of the two primitive marriage rules, the one prohibiting mar- riage with a woman of one's own family name, the other making children take the mother's family name, as tradition says that they did in early Athens. It is enough that these rules account for the lieteroge- neity of local tribes, for the existence of jEvrj which have a tradition of kinship, though no real kinship is traceable, and for the dispersion of these all through distant localities. As to the causes of these marriage '*** The Aboriginals of Australia, Gr. Scott Lang, p. 10; Primitive Marriage, p. 113 ; Morgan, Systems of Affinity, p. 149. OBJECTIONS. 103 rules, they hold of conduct which Sir Henry Maine con- templates when he speaks of practices which ' it would be unjust and incorrect to call immoral, because .... they are older than morality.' These causes produced the savage groups of America and Australia — the ques- tion is whether the ysvrj of Athens, the gentes of Eome, and the English sibsceaft are but traces of practices ' older than morality ' in the Aryan race. Against this view it may be urged that the Austra- lians and American Indians are even now in the habit of deriving family names through female kinship, which the yspT) of historical Greece did not do. But this makes no difference to the argument. It is easy to imagine the Australians beginning — the Indians have already begun — to derive names through the father, and to permit marriage between men and women bear- ing the same name. When they do so — if the Aryan settlers let them live till they do so — they will not alter the fact that gentile families are scattered all over Australia. The names and a tradition of kinship will survive, just as the names with tradition of kinship survived in various degrees in Greece, and Eome, and England. The family grew up within the group by a process of appropriation and of the development of in-i dividual claims. When it was fullgrown it seemed prior in time to the group, whereas it was only prior in idea^ as the state, according to Aristotle, is earlier than the family in idea. Another very obvious objection to the theory that the ryevos is earlier than the family is perhaps of little weight. The savage KoivwvlaL we have spoken of are 104 SURVIVALS. named after what are called Totems, by the names of plants and animals, or of the sun, or water, or earth. They reverence the vegetable, or beast, or natural force from which they think they spring, and will rarely pluck the plant or slay the beast. Now the English, Greek, and Koman kinships deduced their stock from some eponymous hero, not from a totem, and this dif- ference in practice may seem to imply a difference in the kind of association. But it may be conjectured that a time must have come to Greeks and Teutons, when tribes that had once believed in some tradition of descent from beast, or bird, or fish found the notion incredible. We know that the Zulus have reached this stage of scepticism.^°^ Such people would either look on the old story as an allegory, and consider the Snake, or the Sun, of their ancestors as a mere name for some real man, or they would transfer their adoration from the Totem to some distinguished chief of their stock, whom they would ' seek to lord and to Father,^ His name would be the name of his clan, which would thenceforth only bear the effigy of the bestial or animal ancestor as a crest or banner in war. If we look at Greek and Northern traditions with this in mind, we may guess why the f^ivos of the loxidse reverenced asparagus, why many Attic demes were called after the names of plants, why the Bear appears as an ancestor in Scandinavian pedigrees, why the hoar was the amulet of the Scyldings, why there was a hero of the form of a wolf ^.t Athens.^^^ '** Callaway's Religion of the Amazuln. *"' Plutarch, Theseus, for the loxidse. For the Bear, see Freeman, ARYAN PREJUDICES. 105 The origin of the family is a question that has its disagreeable side. The painfulness of the study may be compensated if it teaches us to throw away the absurd pride of race, which furnishes so-called Aryans with a semi-scientific excuse for despising the 'lower races,' on account of practices that have left their mark in Aryan institutions. Norman Conquest, i. 420 ; for the Boar, see Kemble's Beowulf and notes ; for the Wolf-shaped hero, see Ilarpocration under ^^kol^^iv. 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