The fourth and ultimate stage of organization was the nation united in a gentile society. Where several tribes, as those of the Athenians and the Spartans, coalesced into one people, it enlarged the society, but the aggregate was simply a more complex duplicate of a tribe. The tribes took the same place in the nation which the phratries held in the tribe, and the gentes in the phratry. There was no name for the organism[257] which was simply a society (societas), but in its place a name sprang up for the people or nation. In Homer’s description of the forces gathered against Troy, specific names are given to these nations, where such existed, as Athenians, Ætolians, Locrians; but in other cases they are described by the name of the city or country from which they came. The ultimate fact is thus reached, that the Greeks, prior to the times of Lycurgus and Solon, had but the four stages of social organization (gens, phratry, tribe and nation), which was so nearly universal in ancient society, and which has been shown to exist, in part, in the Status of savagery, and complete in the Lower, in the Middle and in the Upper Status of barbarism, and still subsisting after civilization had commenced. This organic series expresses the extent of the growth of the idea of government among mankind down to the institution of political society. Such was the Grecian social system. It gave a society, made up of a series of aggregates of persons, with whom the government dealt through their personal relations to a gens, phratry or tribe. It was also a gentile society as distinguished from a political society, from which it was fundamentally different and easily distinguishable.
The Athenian nation of the heroic age presents in its government three distinct, and in some sense co-ordinate, departments or powers, namely: first, the council of chiefs (βουλή); second, the agora (ἀγορά), or assembly of the people; and third, the basileus (βασιλεύς), or general military commander. Although municipal and subordinate military offices in large numbers had been created, from the increasing necessities of their condition, the principal powers of the government were held by the three instrumentalities named. I am unable to discuss in an adequate manner the functions and powers of the council, the agora or the basileus, but will content myself with a few suggestions upon subjects grave enough to deserve reinvestigation at the hands of professed Hellenists.
I. The Council of Chiefs. The office of basileus in the Grecian tribes has attracted far more attention than either the council or the agora. As a consequence it has been unduly magnified while the council and the agora have either been depreciated or ignored. We know, however, that the council of chiefs was a constant phenomenon in every Grecian nation from the earliest period to which our knowledge extends down to the institution of political society. Its permanence as a feature of their social system is conclusive evidence that its functions were substantial, and that its powers, at least presumptively, were ultimate and supreme. This presumption arises from what is known of the archaic character and functions of the council of chiefs under gentile institutions, and from its vocation. How it was constituted in the heroic age, and under what tenure the office of chief was held, we are not clearly informed; but it is a reasonable inference that the council was composed of the chiefs of the gentes. Since the number who formed the council was usually less than the number of gentes, a selection must have been made in some way from the body of chiefs. In what manner the selection was made we are not informed. The vocation of the council as a legislative body representing the principal gentes, and its natural growth under the gentile organization, rendered it supreme in the first instance, and makes it probable that it remained so to the end of its existence. The increasing importance of the office of basileus, and the new offices created in their military and municipal affairs with their increase in numbers and in wealth, would change somewhat the relations of the council to public affairs, and perhaps diminish its importance; but it could not be overthrown without a radical change of institutions. It seems probable, therefore, that every office of the government, from the highest to the lowest, remained accountable to the council for their official acts. The council was fundamental in their social system;[258] and the Greeks of the period were free self-governing peoples, under institutions essentially democratical. A single illustration of the existence of the council may be given from Aeschylus, simply to show that in the Greek conception it was always present and ready to act. In The Seven against Thebes, Eteocles is represented in command of the city, and his brother Polynices as one of the seven chiefs who had invested the place. The assault was repelled, but the brothers fell in a personal combat at one of the gates. After this occurrence a herald says: “It is necessary for me to announce the decree and good pleasure of the councilors of the people of this city of Cadmus. It is resolved,”[259] etc. A council which can make and promulgate a decree at any moment, which the people are expected to obey, possesses the supreme powers of government. Aeschylus, although dealing in this case with events in the legendary period, recognizes the council of chiefs as a necessary part of the system of government of every Grecian people. The boulê of ancient Grecian society was the prototype and pattern of the senate under the subsequent political system of the state.
II. The Agora. Although an assembly of the people became established in the legendary period, with a recognized power to adopt or reject public measures submitted by the council, it is not as ancient as the council. The latter came in at the institution of the gentes; but it is doubtful whether the agora existed, with the functions named, back of the Upper Status of barbarism. It has been shown that among the Iroquois, in the Lower Status, the people presented their wishes to the council of chiefs through orators of their own selection, and that a popular influence was felt in the affairs of the confederacy; but an assembly of the people, with the right to adopt or reject public measures, would evince an amount of progress in intelligence and knowledge beyond the Iroquois. When the agora first appears, as represented in Homer, and in the Greek Tragedies, it had the same characteristics which it afterwards maintained in the ecclesia of the Athenians, and in the comitia curiata of the Romans. It was the prerogative of the council of chiefs to mature public measures, and then submit them to the assembly of the people for acceptance or rejection, and their decision was final. The functions of the agora were limited to this single act. It could neither originate measures, nor interfere in the administration of affairs; but nevertheless it was a substantial power, eminently adapted to the protection of their liberties. In the heroic age certainly, and far back in the legendary period, the agora is a constant phenomenon among the Grecian tribes, and, in connection with the council, is conclusive evidence of the democratical constitution of gentile society throughout these periods. A public sentiment, as we have reason to suppose, was created among the people on all important questions, through the exercise of their intelligence, which the council of chiefs found it desirable as well as necessary to consult, both for the public good and for the maintenance of their own authority. After hearing the submitted question discussed, the assembly of the people, which was free to all who desired to speak,[260] made their decision in ancient times usually by a show of hands.[261] Through participation in public affairs, which affected the interests of all, the people were constantly learning the art of self-government, and a portion of them, as the Athenians, were preparing themselves for the full democracy subsequently established by the constitutions of Cleisthenes. The assembly of the people to deliberate upon public questions, not unfrequently derided as a mob by writers who were unable to understand or appreciate the principle of democracy, was the germ of the ecclesia (ἐκκλησία) of the Athenians, and of the lower house of modern legislative bodies.
III. The Basileus. This officer became a conspicuous character in the Grecian society of the heroic age, and was equally prominent in the legendary period. He has been placed by historians in the centre of the system. The name of the office (βασιλεύς) was used by the best Grecian writers to characterize the government, which was styled a basileia (βᾶσίλειᾶ). Modern writers, almost without exception, translate basileus by the term king, and basileia by the term kingdom, without qualification, and as exact equivalents. I wish to call attention to this office of basileus, as it existed in the Grecian tribes, and to question the correctness of this interpretation. There is no similarity whatever between the basileia of the ancient Athenians and the modern kingdom or monarchy; certainly not enough to justify the use of the same term to describe both. Our idea of a kingly government is essentially of a type in which a king, surrounded by a privileged and titled class in the ownership and possession of the lands, rules according to his own will and pleasure by edicts and decrees; claiming an hereditary right to rule, because he cannot allege the consent of the governed. Such governments have been self-imposed through the principle of hereditary right, to which the priesthood have sought to superadd a divine right. The Tudor kings of England and the Bourbon kings of France are illustrations. Constitutional monarchy is a modern development, and essentially different from the basileia of the Greeks. The basileia was neither an absolute nor a constitutional monarchy; neither was it a tyranny or a despotism. The question then is, what was it.
Mr. Grote claims that “the primitive Grecian government is essentially monarchical, reposing on personal feeling and divine right;”[262] and to confirm this view he remarks further, that “the memorable dictum in the Iliad is borne out by all that we hear in actual practice: ‘the rule of many is not a good thing; let us have one ruler only—one king—him to whom Zeus has given the sceptre, with the tutelary sanctions.’”[263] This opinion is not peculiar to Mr. Grote, whose eminence as a historian all delight to recognize; but it has been steadily and generally affirmed by historical writers on Grecian themes, until it has come to be accepted as historical truth. Our views upon Grecian and Roman questions have been moulded by writers accustomed to monarchical government and privileged classes, who were perhaps glad to appeal to the earliest known governments of the Grecian tribes for a sanction of this form of government, as at once natural, essential and primitive.
The true statement, as it seems to an American, is precisely the reverse of Mr. Grote’s; namely, that the primitive Grecian government was essentially democratical, reposing on gentes, phratries and tribes, organized as self-governing bodies, and on the principles of liberty, equality and fraternity. This is borne out by all we know of the gentile organization, which has been shown to rest on principles essentially democratical. The question then is, whether the office of basileus passed in reality from father to son by hereditary right; which, if true, would tend to show a subversion of these principles. We have seen that in the Lower Status of barbarism the office of chief was hereditary in a gens, by which is meant that the vacancy was filled from the members of the gens as often as it occurred. Where descent was in the female line, as among the Iroquois, an own brother was usually selected to succeed the deceased chief, and where descent was in the male line, as among the Ojibwas and Omahas, the oldest son. In the absence of objections to the person such became the rule; but the elective principle remained, which was the essence of self-government. It cannot be claimed, on satisfactory proof, that the oldest son of the basileus took the office, upon the demise of his father, by absolute hereditary right. This is the essential fact; and it requires conclusive proof for its establishment. The fact that the oldest, or one of the sons, usually succeeded, which is admitted, does not establish the fact in question; because by usage he was in the probable line of succession by a free election from a constituency. The presumption, on the face of Grecian institutions, is against succession to the office of basileus by hereditary right; and in favor either of a free election, or of a confirmation of the office by the people through their recognized organizations, as in the case of the Roman rex.[264] With the office of basileus transmitted in the manner last named, the government would remain in the hands of the people. Because without an election or confirmation he could not assume the office; and because further, the power to elect or confirm implies the reserved right to depose.
The illustration of Mr. Grote, drawn from the Iliad, is without significance on the question made. Ulysses, from whose address the quotation is taken, was speaking of the command of an army before a besieged city. He might well say: “All the Greeks cannot by any means rule here. The rule of many is not a good thing. Let us have one koiranos, one basileus, to whom Zeus has given the sceptre, and the divine sanctions in order that he may command us.”[265] Koiranos and basileus are used as equivalents, because both alike signified a general military commander. There was no occasion for Ulysses to discuss or endorse any plan of government; but he had sufficient reasons for advocating obedience to a single commander of the army before a besieged city.
Basileia may be defined as a military democracy, the people being free, and the spirit of the government, which is the essential thing, being democratical. The basileus was their general, holding the highest, the most influential and the most important office known to their social system. For the want of a better term to describe the government, basileia was adopted by Grecian writers, because it carried the idea of a generalship which had then become a conspicuous feature in the government. With the council and the agora both existing with the basileus, if a more special definition of this form of government is required, military democracy expresses it with at least reasonable correctness; while the use of the term kingdom, with the meaning it necessarily conveys, would be a misnomer.
In the heroic age the Grecian tribes were living in walled cities, and were becoming numerous and wealthy through field agriculture, manufacturing industries, and flocks and herds. New offices were required, as well as some degree of separation of their functions; and a new municipal system was growing up apace with their increasing intelligence and necessities. It was also a period of incessant military strife for the possession of the most desirable areas. Along with the increase of property the aristocratic element in society undoubtedly increased, and was the chief cause of those disturbances which prevailed in Athenian society from the time of Theseus to the times of Solon and Cleisthenes. During this period, and until the final abolition of the office some time before the first Olympiad, (776 B. C.) the basileus, from the character of his office and from the state of the times, became more prominent and more powerful than any single person in their previous experience. The functions of a priest and of a judge were attached to or inherent in his office; and he seems to have been ex officio a member of the council of chiefs. It was a great as well as a necessary office, with the powers of a general over the army in the field, and over the garrison in the city, which gave him the means of acquiring influence in civil affairs as well. But it does not appear that he possessed civil functions. Prof. Mason remarks, that “our information respecting the Grecian kings in the more historical age is not ample or minute enough to enable us to draw out a detailed scheme of their functions.”[266] The military and priestly functions of the basileus are tolerably well understood, the judicial imperfectly, and the civil functions cannot properly be said to have existed. The powers of such an office under gentile institutions would gradually become defined by the usage of experience, but with a constant tendency in the basileus to assume new ones dangerous to society. Since the council of chiefs remained as a constituent element of the government, it may be said to have represented the democratic principles of their social system, as well as the gentes, while the basileus soon came to represent the aristocratic principle. It is probable that a perpetual struggle was maintained between the council and the basileus, to hold the latter within the limits of powers the people were willing to concede to the office. Moreover, the abolition of the office by the Athenians makes it probable that they found the office unmanageable, and incompatible with gentile institutions, from the tendency to usurp additional powers.