[64] Plutarch, Quæst. Græc. c. 18, p. 295.

[65] Aristot. Polit. iv, 12, 10; v, 2, 6; 4, 3.

[66] Theognis, vv. 682, 715, 720, 750, 816, 914, Welcker’s edition:—

[67] Theognis, v, 20.—

[68] See, especially, the lines from 500-560, 816-830, in Welcker’s edition.

[69] Consult the Prolegomena to Welcker’s edition of Theognis; also, those of Schneidewin (Delectus Elegiac. Poetar. pp. 46-55)

The Prolegomena of Welcker are particularly valuable and full of instruction. He illustrates at great length the tendency common to Theognis, with other early Greek poets, to apply the words good and bad, not with reference to any ethical standard, but to wealth as contrasted with poverty,—nobility with low birth,—strength with weakness,—conservative and oligarchical politics as opposed to innovation (sect. 10-18). The ethical meaning of these words is not absolutely unknown, yet rare, in Theognis: it gradually grew up at Athens, and became popularized by the Socratic school of philosophers as well as by the orators. But the early or political meaning always remained, and the fluctuation between the two has been productive of frequent misunderstanding. Constant attention is necessary when we read the expressions οἱ ἀγαθοὶ, ἐσθλοὶ, βέλτιστοι, καλοκἀγαθοὶ, χρηστοὶ, etc., or on the other hand, οἱ κακοὶ, δειλοὶ, etc., to examine whether the context is such as to give to them the ethical or the political meaning. Welcker seems to go a step too far, when he says that the latter sense “fell into desuetude, through the influence of the Socratic philosophy.” (Proleg. sect. 11, p. xxv.) The two meanings both remained extant at the same time, as we see by Aristotle (Polit. iv, 8, 2),—σχεδὸν γὰρ παρὰ τοῖς πλείστοις οἱ εὔποροι, τῶν καλῶν κἀγαθῶν δοκοῦσι κατέχειν χώραν. A careful distinction is sometimes found in Plato and Thucydides, who talk of the oligarchs as “the persons called super-excellent,”—τοὺς καλοὺς κἀγαθοὺς ὀνομαζομένους (Thucyd. viii, 48),—ὑπὸ τῶν πλουσίων τε καὶ καλῶν κἀγαθῶν λεγομένων ἐν τῇ πόλει (Plato, Rep. viii, p. 569).

The same double sense is to be found equally prevalent in the Latin language: “Bonique et mali cives appellati, non ob merita in rempublicam, omnibus pariter corruptis: sed uti quisque locupletissimus, et injuriâ validior, quia præsentia defendebat, pro bono habebatur.” (Sallust, Hist. Fragment. lib. i, p. 935, Cort.) And again, Cicero (De Republ. i, 34): “Hoc errore vulgi cum rempublicam opes paucorum, non virtutes, tenere cœperunt, nomen illi principes optimatium mordicus tenent, re autem carent eo nomine.” In Cicero’s Oration pro Sextio (c. 45) the two meanings are intentionally confounded together, when he gives his definition of optimus quisque. Welcker (Proleg. s. 12) produces several other examples of the like equivocal meaning. Nor are there wanting instances of the same use of language in the laws and customs of the early Germans,—boni homines, probi homines, Rachinburgi, Gudemänner. See Savigny, Geschichte des Römisch. Rechts im Mittelalter, vol. i, p. 184; vol. ii, p. xxii.

[70] Herod. vi. 128.

[71] Justin. ii, 7.

[72] Pausan. i, 3, 2; Suidas, Ἱππομένης; Diogenian. Centur. Proverb. iii, 1. Ἀσεβέστερον Ἱππομένους.

[73] See Boeckh on the Parian Marble, in Corp. Inscrip. Græc. part 12, sect. 6, pp. 307, 310, 332.

From the beginning of the reign of Medôn son of Kodrus, to the first annual archon Kreôn, the Parian Marble computes 407 years, Eusebius 387.

[74] Philochorus ap. Strabo, ix, p. 396. See Schömann, Antiq. J. P. Græc. b. v, sect. 2-5.

[75] Strabo, ix, p. 392. Philochorus and Andrôn extended the kingdom of Nisus from the isthmus of Corinth as far as the Pythium (near Œnoê) and Eleusis (Str. ib.); but there were many different tales.

[76] Pollux, viii, c. 9, 109-111.

[77] Iôn, the father of the four heroes after whom these tribes were named, was affirmed by one story to be the primitive civilizing legislator of Attica, like Lykurgus, Numa, or Deukaliôn (Plutarch. adv. Kolôten, c. 31, p. 1125).

[78] Thus Euripides derives the Αἰγικορεῖς, not from αἲξ, a goat, but from Αἰγὶς, the Ægis of Athênê (Ion. 1581): he also gives Teleontes, derived from an eponymous Teleôn, son of Iôn, while the inscriptions at Kyzikus concur with Herodotus and others in giving Geleontes. Plutarch (Solon, 25) gives Gedeontes. In an Athenian inscription recently published by Professor Ross (dating, seemingly, in the first century after the Christian era), the worship of Zeus Geleôn at Athens has been for the first time verified,—Διὸς Γελέοντος ἱεροκήρυξ (Ross, Die Attischen Demen, pp. vii-ix. Halle 1846).

[79] Plutarch (Solon, c. 25); Strabo, viii, p. 383. Compare Plato, Kritias, p. 110.

[80] Boeckh, Corp. Inscr. Nos. 3078, 3079, 3665. The elaborate commentary on this last-mentioned inscription, in which Boeckh vindicates the early historical reality of the classification by professions, is noway satisfactory to my mind.

K. F. Hermann (Lehrbuch der Griechischen Staats Alterthümer, sect. 91-96) gives a summary of all that can be known respecting these old Athenian tribes. Compare Ilgen, De Tribubus Atticis, p. 9, seq.; Tittmann, Griechische Staats Verfassungen, pp. 570-582; Wachsmuth, Hellenische Alterthumskunde, sect. 43, 44.

[81] About the naukraries, see Aristot. Fragment. Rerum Public., p. 89, ed. Neumann; Harpokration, vv. Δήμαρχος, Ναυκραρικὰ; Photius, v. Ναυκραρία; Pollux, viii, 108; Schol. ad Aristoph. Nubes, 37.

Οἱ πρυτάνεις τῶν Ναυκράρων, Herodot. v, 71: they conducted the military proceedings in resistance to the usurpation of Kylôn.

The statement that each naukrary was obliged to furnish one ship can hardly be true of the time before Solon: as Pollux states it, we should be led to conceive that he only infers it from the name ναύκραρος (Pollux, viii, 108), though the real etymology seems rather to be from ναίω (Wachsmuth, Hellen. Alt. sect. 44, p. 240). There may be some ground for believing that the old meaning, also, of the word ναύτης connected it with ναίω; such a supposition would smooth the difficulty in regard to the functions of the ναυτόδικαι as judges in cases of illicit admission into the phratores. See Hesychius and Harpokration, v. Ναυτόδικαι; and Baumstark, De Curatoribus Emporii, Friburg, 1828, p. 67, seq.: compare, also, the fragment of the Solonian law, ἢ ἱερῶν ὀργίων ἢ ναῦται, which Niebuhr conjecturally corrects. Rom. Gesch. v. i, p. 323, 2d ed.; Hesychius, Ναυστῆρες—οἱ οἰκέται. See Pollux, Ναῦλον, and Lobeck, Ῥηματικὸν, sect. 3, p. 7; Ἀειναῦται παρὰ Μιλησίοις? Plutarch, Quæst. Græc. c. 32, p. 298.

[82] Meier, De Gentilitate Atticâ, pp. 22-24, conceives that this numerical completeness was enacted by Solon; but of this there is no proof, nor is it in harmony with the general tendencies of Solon’s legislation.

[83] So in reference to the Anglo-Saxon Tythings and Hundreds, and to the still more widely-spread division of the Hundred, which seems to pervade the whole of Teutonic and Scandinavian antiquity, much more extensively than the tything;—there is no ground for believing that these precise numerical proportions were in general practice realized: the systematic nomenclature served its purpose by marking the idea of graduation and the type to which a certain approach was actually made. Mr. Thorpe observes, respecting the Hundred, in his Glossary to the “Ancient Laws and Institutes of England,” v. Hundred, Tything, Frid-Borg, etc. “In the Dialogus de Scaccario, it is said that a Hundred ‘ex hydarum aliquot centenariis, sed non determinatis, constat: quidam enim ex pluribus, quidam ex paucioribus constat.’ Some accounts make it consist of precisely a hundred hydes, others of a hundred tythings, others of a hundred free families. Certain it is, that whatever may have been its original organization, the Hundred, at the time when it becomes known to us, differed greatly in extent in various parts of England.”

[84] See the instructive inscription in Professor Ross’s work (Über die Demen von Attika, p. 26) of the γένος Ἀμυνανδριδῶν, commemorating the archon of that gens, the priest of Kekrops, the Ταμίας, or treasurer, and the names of the members, with the deme and tribe of each individual. Compare Bossler, De Gent. Atticis, p. 53. About the peculiar religious rites of the gens called Gephyræi, see Herodot. v, 61.

[85] Φυλαὶ γενικαὶ, opposed to φυλαὶ τοπικαί.—Dionys. Hal. Ant. Rom. iv, 14.

[86] Plato, Euthydem. p. 302; Aristot. ap. Schol. in Platon. Axioch. p. 465, ed. Bek. Ἀριστοτέλης φησί· τοῦ ὅλου πλήθους διῃρημένου Ἀθήνῃσιν εἴς τε τοὺς γεωργοὺς καὶ τοὺς δημιουργοὺς, φυλὰς αὐτῶν εἶναι τέσσαρας, τῶν δὲ φυλῶν ἑκάστις μοιρὰς εἶναι τρεῖς, ἃς τριττύας τε καλοῦσι καὶ φρατρίας· ἑκάστης δὲ τούτων τριάκοντα εἶναι γένη, τὸ δὲ γένος ἐκ τριάκοντα ἀνδρῶν συνιστάναι· τούτους δὴ τοὺς εἰς τα γένη τεταγμένοις γεννήτας καλοῦσι. Pollux, viii, 3. Οἱ μετέχοντες τοῦ γένους, γεννῆται καὶ ὁμογάλακτες· γένει μὲν οὐ προσήκοντες, ἐκ δὲ τῆς συνόδου οὕτω προσαγορευόμενοι: compare also iii, 52; Mœris. Atticist. p. 108.

Harpokrat. v. Ἀπόλλων Πατρῷος, Θεοίνιον, Γεννῆται, Ὀργεῶνες, etc. Etymol. Magn. v. Γεννῆται; Suidas, v. Ὀργεῶνες; Pollux, viii, 85; Demosthen. cont. Eubulid. p. 1319, εἶτα φράτορες, εἶτα Ἀπόλλωνος πατρῴου καὶ Διὸς ἑκρίου γεννῆται; and cont. Neæram, p. 1365. Isæus uses ὀργεῶνες as synonymous with γεννῆται (see Orat. ii, pp. 19, 20-28, ed. Bek.). Schömann (Antiq. J. P. Græc. § xxvi) considers the two as essentially distinct. Φρήτρη and φῦλον both occur in the Iliad, ii, 362. See the Dissertation of Buttmann Über den Begriff von φρατρία (Mythologus, c. 24, p. 305); and that of Meier, De Gentilitate Atticâ, where the points of knowledge attainable respecting the gentes are well put together and discussed.

In the Theræan Inscription (No. 2448 ap. Boeckh. Corp. Inscr., see his comment, page 310) containing the testament of Epiktêta, whereby a bequest is made to οἱ συγγενεῖς—ὁ ἀνδρεῖος τῶν συγγενῶν,—this latter word does not mean kindred or blood relations, but a variety of the gentile union—“thiasus,” or “sodalitium.” Boeckh.

[87] Herodot. ii, 143. Ἑκαταίῳ—γενεηλογήσαντί τε ἑωυτὸν καὶ ἀναδήσαντι τὴν πατριὴν ἐς ἑκκαιδέκατον θεόν. Again, γενεηλογήσαντι ἑωυτὸν, καὶ ἀναδήσαντι ἐς ἑκκαιδέκατον θεόν. The Attic expression,—ἀγχίστεια ἱερῶν καὶ ὁσίων,—illustrates the intimate association between family relationship and common religious privileges.—Isæus, Orat. vi, p. 89, ed. Bek.

[88] Isæus, Or. vi, p. 61; ii, p. 38; Demosth. adv. Makartatum, pp. 1053-1075; adv. Leochar. p. 1093. Respecting this perpetuation of the family sacred rites, the feeling prevalent among the Athenians is much the same as what is now seen in China.

Mr. Davis observes: “Sons are considered in this country, where the power over them is so absolute through life, as a sure support, as well as a probable source of wealth and dignities, should they succeed in learning. But the grand object is, the perpetuation of the race, to sacrifice at the family tombs. Without sons, a man lives without honor or satisfaction, and dies unhappy; and as the only remedy, he is permitted to adopt the sons of his younger brothers.

“It is not during life only, that a man looks for the service of his sons. It is his consolation in declining years, to think that they will continue the performance of the prescribed rites in the hall of ancestors, and at the family tombs, when he is no more: and it is the absence of this prospect which makes the childless doubly miserable. The superstition derives influence from the importance attached by the government to this species of posthumous duty: a neglect of which is punishable, as we have seen, by the laws. Indeed, of all the subjects of their care, there are none which the Chinese so religiously attend to as the tombs of their ancestors, conceiving that any neglect is sure to be followed by worldly misfortune.”—(The Chinese, by John Francis Davis, chap. ix, pp. 131-134. ed. Knight, 1840.)

Mr. Mill notices the same state of feeling among the Hindoos.—(History of British India, book ii, chap. vii. p. 381, ed. 8vo.)

[89] Xenoph. Hellen. i, 5, 8; Herodot. i, 147; Suidas, Ἀπατουρία—Ζεὺς Φράτριος—Ἀθηναία φρατρία, the presiding god of the phratric union.—Plato, Euthydem. c. 28, p. 302; Demosth. adv. Makart. p. 1054. See Meier, De Gentilitate Atticâ, pp. 11-14.

The πάτριαι at Byzantium, which were different from θίασοι, and which possessed corporate property (τά τε θιασωτικὰ καὶ τὰ πατριωτικὰ, Aristot. Œconomic. ii, 4), are doubtless the parallel of the Athenian phratries.

[90] Dikæarchus ap. Stephan. Byz. v. Πατρὰ; Aristot. Polit. i, 1, 6: Ὁμοσιπύος and ὁμοκάπνους are the old words cited by the latter from Charondas and Epimenidês.

[91] Niebuhr, Römische Geschichte, vol. i, pp. 317-337. Varro’s language on that point is clear: “Ut in hominibus quædam sunt cognationes et gentilitates, sic in verbis. Ut enim ab Æmilio homines orti Æmilii et gentiles, sic ab Æmilii nomine declinatæ voces in gentilitate nominali.” Paul. Diacon. p. 94. “Gentilis dicitur ex eodem genere ortus, et is qui simili nomine appellatur,” etc. See Becker, Handbuch der Römischen Alterthümer, part 2, abth. 2, p. 36.

The last part of the definition ought to be struck out for the Grecian gentes. The passage of Varro does not prove the historical reality of the primitive father, or genarch, Æmilius, but it proves that the members of the gens believed in him.

Dr. Wilda, in his learned work, “Das Deutsche Strafrecht,” (Halle, 1842,) dissents from Niebuhr in the opposite direction, and seems to maintain that the Grecian and Roman gentes were really distant blood relations (p. 123). How this can be proved, I do not know: and it is inconsistent with the opinion which he advances in the preceding page (p. 122), very justly,—that these quasi families are primordial facts in early human society, beyond which we cannot carry our researches. “The farther we go back in history, the more does the community exhibit the form of a family, though in reality it is not a mere family. This is the limit of historical research, which no man can transgress with impunity,” (p. 122).

[92] Diogen. Laërt. v, 1.

[93] See Colonel Leake’s Travels in Northern Greece, ch. 2, p. 85 (the Greek word φράτριαι seems to be adopted in Albania); Boué, La Turquie en Europe, vol. ii, ch. 1, pp. 15-17; chap. 4, p. 530; Spenser’s View of the State of Ireland (vol. vi, pp. 1542-1543, of Tonson’s edition of Spenser’s Works, 1715); Cyprien Robert, Die Slaven in Turkey, b. 1, chs. 1 and 2.

So, too, in the laws of king Alfred in England, on the subject of murder, the guild-brethren, or members of the same guild, are made to rank in the position of distant relatives, if there happen to be no blood relatives:—

“If a man, kinless of paternal relatives, fight and slay a man, then, if he have maternal relatives, let them pay a third of the wēr: his guild-brethren a third part: for a third let him flee. If he have no maternal relatives, let his guild-brethren pay half: for half let him flee.... If a man kill a man thus circumstanced, if he have no relatives, let half be paid to the king, half to his guild-brethren.” (Thorpe, Ancient Laws and Institutes of England, vol. i, pp. 79-81.) Again, in the same work, Leges Henrici Primi, vol. i, p. 596, the ideas of the kindred and the guild run together in the most intimate manner: “Si quis hominem occidat,—Si eum tunc cognatio sua deserat, et pro eo gildare nolit,” etc. In the Salic law, the members of a contubernium were invested with the same rights and obligations one towards the other (Rogge, Gerichtswesen der Germanen, ch. iii, p. 62). Compare Wilda, Deutsches Strafrecht, p. 389, and the valuable special treatise of the same author (Das Gildenwesen im Mittelalter. Berlin, 1831), where the origin and progress of the guilds from the primitive times of German heathenism is unfolded. He shows that these associations have their basis in the earliest feelings and habits of the Teutonic race,—the family was, as it were, a natural guild,—the guild, a factitious family. Common religious sacrifices and festivals,—mutual defence and help, as well as mutual responsibility,—were the recognized bonds among the congildones: they were sororitates as well as fraternitates, comprehending both men and women (deren Genosser wie die Glieder einer Familie enge unter einander verbunden waren, p. 145). Wilda explains how this primitive social and religious phratry (sometimes this very expression fratria is used, see p. 109) passed into something like the more political tribe, or phylê (see pp. 43, 57, 60, 116, 126, 129, 344). The sworn commune, which spread so much throughout Europe in the beginning of the twelfth century, partakes both of the one and of the other,—conjuratio,—amicitia jurata (pp. 148, 169).

The members of an Albanian phara are all jointly bound to exact, and each severally exposed to suffer, the vengeance of blood, in the event of homicide committed upon, or by, any one of them (Boué, ut supra).

[94] See the valuable chapter of Niebuhr, Röm. Gesch. vol. i, pp. 317, 350, 2d edit.

The Alberghi of Genoa in the Middle Ages were enlarged families created by voluntary compact: “De tout temps (observes Sismondi) les familles puissantes avaient été dans l’usage, à Gênes, d’augmenter encore leur puissance en adoptant d’autres familles moins riches, moins illustres, ou moins nombreuses,—auxquelles elles communiquoient leur nom et leurs armes, qu’elles prenoient ainsi l’engagement de protéger,—et qui en retour s’associoient à toutes leurs quérelles. Les maisons dans lesquelles on entroit ainsi par adoption, étoient nommées des alberghi (auberges), et il y avoit peu de maisons illustres qui ne se fussent ainsi récrutées a l’aide de quelque famille étrangère.” (Républiques Italiennes, t. xv, ch. 120, p. 366.)

Eichhorn (Deutsche Staats und Rechts-Geschichte, sect. 18, vol. i, p. 84, 5th edit.) remarks in regard to the ancient Germans, that the German “familiæ et propinquitates,” mentioned by Tacitus (Germ. c. 7), and the “gentibus cognationibusque hominum” of Cæsar (B. G. vi. 22), bore more analogy to the Roman gens than to relationship of blood or wedlock. According to the idea of some of the German tribes, even blood-relationship might be formally renounced and broken off, with all its connected rights and obligations, at the pleasure of the individual: he might declare himself ἐκποιητὸς, to use the Greek expression. See the Titul. 63 of the Salic law, as quoted by Eichhorn, l. c.

Professor Koutorga of St. Petersburg (in his Essai sur l’Organisation de la Tribu dans l’Antiquité, translated from Russian into French by M. Chopin, Paris, 1839) has traced out and illustrated the fundamental analogy between the social classification, in early times, of Greeks, Romans, Germans, and Russians (see especially, pp. 47, 213). Respecting the early history of Attica, however, many of his positions are advanced upon very untrustworthy evidence (see p. 123, seq.).

[95] Pindar, Pyth. viii, 53; Isthm. vi, 92; Nem. vii, 103; Strabo, ix, p. 421; Stephan. Byz. v. Κῶς; Herodot. v, 44; vii, 134; ix, 37; Pausan. x, 1, 4; Kallimachus, Lavacr. Pallad. 33; Schol. Pindar. Pyth. ii. 27; Aristot. Pol. v, 8, 13: Ἀλευάδων τοὺς πρώτους, Plato, Menon. 1, which marks them as a numerous gens. See Buttmann, Dissert. on the Aleuadæ in the Mythologus, vol. ii, p. 246. Bacchiadæ at Corinth, ἐδίδοσαν καὶ ἤγοντο ἐξ ἀλλήλων (Herod. v, 92).

[96] Harpokration, v. Ἐτεοβουτάδαι, Βουτάδαι; Thucyd. viii, 53; Plutarch, Theseus, 12; Themistoklês, 1; Demosth. cont. Neær. p. 1365: Polemo ap. Schol. ad Soph. Œdip. Kol. 489; Plutarch, Vit. x, Orator. pp. 841-844. See the Dissertation of O. Müller, De Minervâ Poliade, c. 2.

[97] Demosth. cont. Neær. p. 1365. Tittmann (Griechische Staatsverfass, p. 277) thinks that every citizen, after the Kleisthenean revolution, was of necessity a member of some phratry, as well as of some deme: but the evidence which he produces is, in my judgment, insufficient. The ideas of the phratry and the tribe are often confounded together; thus the Ægeidæ of Sparta, whom Herodotus (iv, 149) calls a tribe, are by Aristotle called a phratry of Thebans (ap. Schol. ad Pindar. Isthm. vii, 18). Compare Wachsmuth, Hellenische Alterthumskunde, sect. 83, p. 17.

A great many of the demes seem to have derived their names from the shrubs or plants which grew in their neighborhood (Schol. ad Aristophan. Plutus, 586, Μυρρινοῦς, Ῥαμνοῦς, etc.).

[98] For example, Æthalidæ, Butadæ, Kothôkidæ, Dædalidæ, Eiresidæ, Epieikidæ, Erœadæ, Eupyridæ, Echelidæ, Keiriadæ, Kydantidæ, Lakiadæ, Pambôtadæ, Peritheidæ, Persidæ, Semachidæ, Skambônidæ, Sybridæ, Titakidæ, Thyrgonidæ, Hybadæ, Thymœtadæ, Pæonidæ, Philaidæ, Chollidæ: all these names of demes, bearing the patronymic form, are found in Harpokration and Stephanus Byz. alone.

We do not know that the Κεραμεῖς ever constituted a γένος, but the name of the deme Κεραμεῖς is evidently given, upon the same principle, to a place chiefly occupied by potters. The gens Κοιρώνιδαι are said to have been called Φιλιεῖς (? Φλυεῖς) and Περιθοῖδαι as well as Κοιρώνιδαι: the names of gentes and those of demes seem not always distinguishable.

The Butadæ, though a highly venerable gens, also ranked as a deme (see the Psephism about Lykurgus in Plutarch, Vit. x. Orator, p. 852): yet we do not know that there was any locality called Butadæ. Perhaps some of the names above noticed may be simply names of gentes, enrolled as demes, but without meaning to imply any community of abode among the members.

The members of the Roman gens occupied adjoining residences, on some occasions,—to what extent we do not know (Heiberg, De Familiari Patriciorum Nexu, ch. 24, 25. Sleswic, 1829).

We find the same patronymic names of demes and villages elsewhere: in Kôs and Rhodes (Ross, Inscr. Gr. ined., Nos. 15-26. Halle, 1846); Lêstadæ in Naxos (Aristotle ap. Athenæ. viii, p. 348); Botachidæ at Tegea (Steph. Byz. in v); Branchidæ, near Miletus, etc.; and an interesting illustration is afforded, in other times and other places, by the frequency of the ending ikon in villages near Zurich in Switzerland,—Mezikon, Nennikon, Wezikon, etc. Blüntschli, in his history of Zurich, shows that these terminations are abridgments of inghoven, including an original patronymic element,—indicating the primary settlement of members of a family, or of a band bearing the name of its captain, on the same spot (Blüntschli, Staats und Rechts Geschichte der Stadt Zurich, vol. i, p. 26).

In other Inscriptions from the island of Kôs, published by Professor Ross, we have a deme mentioned (without name), composed of three coalescing gentes, “In hoc et sequente titulo alium jam deprehendimus demum Coum, e tribus gentibus appellatione patronymicâ conflatum, Antimachidarum, Ægiliensium, Archidarum.” (Ross, Inscript. Græc. Ined. Fascic. iii, No. 307, p. 44. Berlin, 1845.) This is a specimen of the process systematically introduced by Kleisthenês in Attica.

[99] Plutarch, Solon. 21. We find a common cemetery exclusively belonging to the gens, and tenaciously preserved (Demosth. cont. Eubulid. p. 1307; Cicero, Legg. ii, 26).

[100] Demosth. cont. Makartat. p. 1068. See the singular additional proviso in Plutarch, Solon, c. 20.

[101] See Meursius, Themis Attica, i, 13.

[102] That this was the primitive custom, and that the limitation μέχρις ἀνεψιαδῶν (Meier, De Bonis Damnat. p. 23, cites ἀνεψιαδῶν καὶ φρατόρων) was subsequently introduced (Demosth. cont. Euerg. et Mnesib. p. 1161), we may gather from the law as it stands in Demosth. cont. Makartat. p. 1069, which includes the phrators, and therefore, à fortiori, the gennêtes, or gentiles.

The same word γένος is used to designate both the circle of nameable relatives, brothers, first cousins (ἀγχιστεῖς, Demosth. cont. Makartat. c. 9, p. 1058), etc., going beyond the οἶκος,—and the quasi-family, or gens. As the gentile tie tended to become weaker, so the former sense of the word became more and more current, to the extinction of the latter. Οἱ ἐν γένει, or οἱ προσήκοντες, would have borne a wider sense in the days of Drako than in those of Demosthenes: Συγγενὴς usually belongs to γένος in the narrower sense, γεννήτης to γένος in the wider sense; but Isæus sometimes uses the former word as an exact equivalent of the latter (Orat. vii, pp. 95, 99, 102, 103, Bekker). Τριακὰς appears to be noted in Pollux as the equivalent of γένος, or gens (viii, 111), but the word does not occur in the Attic orators, and we cannot make out its meaning with certainty: the Inscription of the Deme of Peiræeus given in Boeckh (Corp. Insc. No. 101, p. 140,) rather adds to the confusion by revealing the existence of a τριακὰς constituting the fractional part of a deme, and not connected with a gens: compare Boeckh’s Comment. ad loc. and his Addenda and Corrigenda, p. 900.

Dr. Thirlwall translates γένος, house; which I cannot but think inconvenient, because that word is the natural equivalent of οἶκος,—a very important word in reference to Attic feelings, and quite different from γένος (Hist. of Greece, vol. ii, p. 14, ch. 11). It will be found impossible to translate it by any known English word which does not at the same time suggest erroneous ideas: which I trust will be accepted as my excuse for adopting it untranslated into this History.

[103] Demosthen. cont. Makartat l. c.

[104] See Æschines de Falsâ Legat. p. 292, c. 46; Lysias cont. Andokid. p. 108; Andokid. de Mysteriis, p. 63, Reiske; Deinarchus and Hellanikus ap. Harpokration. v. Ἱεροφάντης.

In case of crimes of impiety, particularly in offences against the sanctity of the Mysteries, the Eumolpidæ had a peculiar tribunal of their own number, before which offenders were brought by the king archon. Whether it was often used, seems doubtful; they had also certain unwritten customs of great antiquity, according to which they pronounced (Demosthen. cont. Androtion. p. 601; Schol. ad Demosth. vol. ii, p. 137, Reiske: compare Meier and Schömann, Der Attische Prozess, p. 117). The Butadæ, also, had certain old unwritten maxims (Androtion ap. Athenæ. ix, p. 374).

Compare Bossler, De Gentibus et Familiis Atticæ, p. 20, and Ostermann, De Præconibus Græcor. sect. 2 and 3 (Marburg, 1845).

[105] Lykurgus the orator is described as τὸν δῆμον Βουτάδης, γένους τοῦ τῶν Ἐτεοβουταδῶν (Plutarch, Vit. x. Orator. p. 841).

[106] In an inscription (apud Boeckh. Corpus Inscrip. No. 465).

Four names of the phratries at the Greek city of Neapolis, and six names out of the thirty Roman curiæ, have been preserved (Becker, Handbuch der Römischen Alterthümer, p. 32; Boeckh, Corp. Inscript. ii, p. 650).

Each Attic phratry seems to have had its own separate laws and customs, distinct from the rest, τοῖς φράτορσι, κατὰ τοὺς ἐκείνων νόμους (Isæus, Or. viii, p. 115, ed. Bek.; vii, p. 99; iii, p. 49).

Bossler (De Gentibus et Familiis Atticæ, Darmstadt, 1833), and Meier (De Gentilitate Atticâ, pp. 41-54) have given the names of those Attic gentes that are known: the list of Meier comprises seventy-nine in number (see Koutorga, Organis. Trib. p. 122).

[107] Tittmann (Griech. Staats Alterthümer, p. 271) is of opinion that Kleisthenês augmented the number of phratries, but the passage of Aristotle brought to support this opinion is insufficient proof (Polit. vi, 2, 11). Still less can we agree with Platner (Beyträge zur Kenntniss des Attischen Rechts, pp. 74-77), that three new phratries were assigned to each of the new Kleisthenean tribes.

Allusion is made in Hesychius, Ἀτριάκαστοι, Ἔξω τριακάδος, to persons not included in any gens, but this can hardly be understood to refer to times anterior to Kleisthenês, as Wachsmuth would argue (p. 238).

[108] The language of Photius on this matter (v. Ναυκραρία μὲν ὁποῖόν τι ἡ συμμορία καὶ ὁ δῆμος· ναύκραρος δὲ ὁποῖόν τι ὁ δήμαρχος) is more exact than that of Harpokration, who identifies the two completely,—v. Δήμαρχος. If it be true that the naukraries were continued under the Kleisthenean constitution, with the alteration that they were augmented to fifty in number, five to every Kleisthenean tribe, they must probably have been continued in name alone without any real efficiency or function. Kleidêmus makes this statement, and Boeckh follows it (Public Economy of Athens, l. ii, ch. 21, p. 256): yet I cannot but doubt its correctness. For the τριττὺς (one-third of a Kleisthenean tribe) was certainly retained and was a working and available division (see Dêmosthenês de Symmoriis, c. 7, p. 184), and it seems hardly probable that there should be two coexistent divisions, one representing the third part, the other the fifth part, of the same tribes.

[109] Strabo, ix, p. 396.

[110] Strabo, ix, p. 396, πετρὰ ἐν πεδίῳ περιοικουμένη κύκλῳ. Euripid. Ion, 1578, σκόπελον οἳ ναίουσ᾽ ἐμόν (Athênê).

[111] Thucyd. ii, 15; Theophrast. Charact. 29, 4. Plutarch (Theseus, 24) gives the proceedings of Theseus in greater detail, and with a stronger tinge of democracy.

[112] Pausan. i, 2, 4; 38, 2; Diodor. Sicul. iv, 2; Schol. ad Aristophan. Acharn. 242.

The Athenians transferred from Eleutheræ to Athens both a venerable statue of Dionysus and a religious ceremony in honor of that god. The junction of the town with Athens is stated by Pausanias to have taken place in consequence of the hatred of its citizens for Thebes, and must have occurred before 509 B. C., about which period we find Hysiæ to be the frontier deme of Attica (Herodot. v, 72; vi, 108).

[113] Thucyd. ii, 15, 16. οὐδὲν ἄλλο ἢ πόλιν τὴν ἑαυτοῦ ἀπολείπων ἕκαστος,—respecting the Athenians from the country who were driven into Athens at the first invasion during the Peloponnesian war.

[114] Etymologicon Magn. v. Ἐπακρία χωρά; Strabo, viii, p. 383; Stephan. Byz. v. Τετράπολις.

The τετράκωμοι comprised the four demes, Πειραῖεις, Φαληρεῖς, Ξυπετεῶνες, Θυμοίταδαι (Pollux, iv, 105): whether this is an old division, however, has been doubted (see Ilgen, De Tribubus Atticis, p. 51).

The Ἐπακρέων τριττὺς is mentioned in an inscription apud Ross (Die Demen von Attika, p. vi). Compare Boeckh ad Corp. Inscr. No. 82: among other demes, it comprised the deme Plôtheia. Mesogæa also (or rather the Mesogei, οἱ Μεσόγειοι) appears as a communion for sacrifice and religious purposes, and as containing the deme Batê. See Inscriptiones Atticæ nuper repertæ duodecim, by Ern. Curtius; Berlin, 1843; Inscript. i, p. 3. The exact site of the deme Batê in Attica is unknown (Ross, Die Demen von Attica, p. 64); and respecting the question, what portion of Attica was called Mesogæa, very different conjectures have been started, which there appears to be no means of testing. Compare Schömann de Comitiis, p. 343, and Wordsworth, Athens and Attica, p. 229, 2d edit.

[115] Dikæarchus, Fragm. p. 109, ed. Fuhr; Plutarch, Theseus, c. 33.

[116] Such as that between the Pallenæans and Agnusians (Plutarch, Theseus, 12).

Acharnæ was the largest and most populous deme in Attica (see Ross, Die Demen von Attika, p. 62; Thucyd. ii, 21); yet Philochorus does not mention it as having ever constituted a substantive πόλις.

Several of the demes seem to have stood in repute for peculiar qualities, good or bad: see Aristophan. Acharn. 177, with Elmsley’s note.

[117] Strabo, ix, p. 396; Plutarch, Theseus, 14. Polemo had written a book expressly on the eponymous heroes of the Attic demes and tribes (Preller. Polemonis Fragm. p. 42): the Atthidographers were all rich on the same subject: see the Fragments of the Atthis of Hellanikus (p. 24, ed. Preller), also those of Istrus, Philochorus, etc.

[118] J. H. Voss, Erlaüterungen, p. 1: see the Hymn, 96-106, 451-475: compare Hermesianax ap. Athen. xiii, p. 597.

[119] Herodot. i, 30.

[120] Dikæarch. Vita Græciæ, p. 141, Fragm. ed. Fuhr.

[121] Plutarch, Theseus, c. 25: Dionys. Hal. ii, 8.

[122] Etymologic. Magn. Εὐπατρίδαι—οἱ αὐτὸ τὸ ἄστυ οἰκοῦντες, καὶ μετέχοντες τοῦ βασιλικοῦ γένους, καὶ τὴν τῶν ἱερῶν ἐπιμέλειαν ποιούμενοι. The βασιλικὸν γένος includes not only the Kodrids, but also the Erechtheids, Pandionids, Pallantids, etc. See also Plutarch, Theseus, c. 24; Hesychius, Ἀγροιῶται.

Yet Isokratês seems to speak of the great family of the Alkmæonidæ as not included among the eupatridæ. (Orat. xvi, De Bigis, p. 351, p. 506, Bek.)

[123] Meier und Schömann, Der Attische Prozess. Einleitung, p. 10.

[124] Plutarch, Solon, c. 19; Aristotle, Polit. ii. 9, 2; Cicero, De Offic. i. 22. Pollux seems to follow the opinion that Solon first instituted the senate of areopagus (viii, 125).

[125] Pollux, viii, 89-91.

[126] We read the θεσμοθέτων ἀνάκρισις in Demosthen. cont. Eubulidem, c. 17, p. 1319, and Pollux, viii, 85; a series of questions which it was necessary for them to answer before they were admitted to occupy their office. Similar questions must have been put to the archon, the basileus, and the polemarch: so that the words θεσμοθέτων ἀνάκρισις may reasonably be understood to apply to all the nine archons, as, indeed, we find the words τοὺς ἐννέα ἄρχοντας ἀνακρίνετε shortly afterwards, p. 1320.