The Roman curia was the analogue of the Grecian phratry. It is constantly mentioned by Dionysius as a phratry.[70] There were ten gentes in each curia, and ten curiae in each of the three Roman tribes, making thirty curiae and three hundred gentes of the Romans. The functions of the Roman curia are much better known than those of the Grecian phratry, and were higher in degree because the curia entered directly into the functions of government. The assembly of the gentes (comitia curiata) voted by curiae, each having one collective vote. This assembly was the sovereign power of the Roman People down to the time of Servius Tullius.
Among the functions of the Grecian phratry was the observance of special religious rites, the condonation or revenge of the murder of a phrator, and the purification of a murderer after he had escaped the penalty of his crime preparatory to his restoration to society.[71] At a later period among the Athenians—for the phratry at Athens survived the institution of political society under Cleisthenes—it looked after the registration of citizens, thus becoming the guardian of descents and of the evidence of citizenship. The wife upon her marriage was enrolled in the phratry of her husband, and the children of the marriage were enrolled in the gens and phratry of their father. It was also the duty of this organization to prosecute the murderer of a phrator in the courts of justice. These are among its known objects and functions in the earlier and later periods. Were all the particulars fully ascertained, the phratry would probably manifest itself in connection with the common tables, the public games, the funerals of distinguished men, the earliest army organization, and the proceedings of councils, as well as in the observance of religious rites and in the guardianship of social privileges.
The phratry existed in a large number of the tribes of the American aborigines, where it is seen to arise by natural growth, and to stand as the second member of the organic series, as among the Grecian and Latin tribes. It did not possess original governmental functions, as the gens, tribe and confederacy possessed them; but it was endowed with certain useful powers in the social system, from the necessity for some organization larger than a gens and smaller than a tribe, and especially when the tribe was large. The same institution in essential features and in character, it presents the organization in its archaic form and with its archaic functions. A knowledge of the Indian phratry is necessary to an intelligent understanding of the Grecian and the Roman.
The eight gentes of the Seneca-Iroquois tribe were reintegrated in two phratries as follows:
First Phratry.
Gentes.—1. Bear. 2. Wolf. 3. Beaver. 4. Turtle.
Second Phratry.
Gentes.—5. Deer. 6. Snipe. 7. Heron. 8. Hawk.
Each phratry (De-ă-non-dă′-a-yoh) is a brotherhood as this term also imports. The gentes in the same phratry are brother gentes to each other, and cousin gentes to those of the other phratry. They are equal in grade, character and privileges. It is a common practice of the Senecas to call the gentes of their own phratry brother gentes, and those of the other phratry their cousin gentes, when they mention them in their relation to the phratries. Originally marriage was not allowed between the members of the same phratry; but the members of either could marry into any gens of the other. This prohibition tends to show that the gentes of each phratry were subdivisions of an original gens, and therefore the prohibition against marrying into a person’s own gens had followed to its subdivisions. This restriction, however, was long since removed, except with respect to the gens of the individual. A tradition of the Senecas affirms that the Bear and the Deer were the original gentes, of which the others were subdivisions. It is thus seen that the phratry had a natural foundation in the kinship of the gentes of which it was composed. After their subdivision from increase of numbers there was a natural tendency to their reunion in a higher organization for objects common to them all. The same gentes are not constant in a phratry indefinitely, as will appear when the composition of the phratries in the remaining Iroquois tribes is considered. Transfers of particular gentes from one phratry to the other must have occurred when the equilibrium in their respective numbers was disturbed. It is important to know the simple manner in which this organization springs up, and the facility with which it is managed, as a part of the social system of ancient society. With the increase of numbers in a gens, followed by local separation of its members, segmentation occurred, and the seceding portion adopted a new gentile name. But a tradition of their former unity would remain, and become the basis of their reorganization in a phratry.
In like manner the Cayuga-Iroquois have eight gentes in two phratries; but these gentes are not divided equally between them. They are the following:
First Phratry.
Gentes.—1. Bear. 2. Wolf. 3. Turtle. 4. Snipe. 5. Eel.
Second Phratry.
Gentes.—6. Deer. 7. Beaver. 8. Hawk.
Seven of these gentes are the same as those of the Senecas; but the Heron gens has disappeared, and the Eel takes its place, but transferred to the opposite phratry. The Beaver and the Turtle gentes also have exchanged phratries. The Cayugas style the gentes of the same phratry brother gentes to each other, and those of the opposite phratry their cousin gentes.
The Onondaga-Iroquois have the same number of gentes, but two of them differ in name from those of the Senecas. They are organized in two phratries as follows: