Solon is usually regarded as the founder of Athenian democracy, while some writers attribute a portion of the work to Cleisthenes and Theseus. We shall draw nearer the truth of the matter by regarding Theseus, Solon and Cleisthenes as standing connected with three great movements of the Athenian people, not to found a democracy, for Athenian democracy was older than either, but to change the plan of government from a gentile into a political organization. Neither sought to change the existing principles of democracy which had been inherited from the gentes. They contributed in their respective times to the great movement for the formation of a state, which required the substitution of a political in the place of gentile society. The invention of a township, and the organization of its inhabitants as a body politic, was the main feature in the problem. It may seem to us a simple matter; but it taxed the capacities of the Athenians to their lowest depths before the idea of a township found expression in its actual creation. It was an inspiration of the genius of Cleisthenes; and it stands as the master work of a master mind. In the new political society they realized that complete democracy which already existed in every essential principle, but which required a change in the plan of government to give it a more ample field and a fuller expression. It is precisely here, as it seems to the writer, that we have been misled by the erroneous assumption of the great historian, Mr. Grote, whose general views of Grecian institutions are so sound and perspicuous, namely, that the early governments of the Grecian tribes were essentially monarchical.[280] On this assumption it requires a revolution of institutions to explain the existence of that Athenian democracy under which the great mental achievements of the Athenians were made. No such revolution occurred, and no radical change of institutions was ever effected, for the reason that they were and always had been essentially democratical. Usurpations not unlikely occurred, followed by controversies for the restoration of the previous order; but they never lost their liberties, or those ideas of freedom and of the right of self-government which had been their inheritance in all ages.
Recurring for a moment to the basileus, the office tended to make the man more conspicuous than any other in their affairs. He was the first person to catch the mental eye of the historian by whom he has been metamorphosed into a king, notwithstanding he was made to reign, and by divine right, over a rude democracy. As a general in a military democracy, the basileus becomes intelligible, and without violating the institutions that actually existed. The introduction of this office did not change the principles of the gentes, phratries and tribes, which in their organization were essentially democratical, and which of necessity impressed that character on their gentile system. Evidence is not wanting that the popular element was constantly active to resist encroachments on personal rights. The basileus belongs to the traditionary period, when the powers of government were more or less undefined; but the council of chiefs existed in the centre of the system, and also the gentes, phratries and tribes in full vitality. These are sufficient to determine the character of the government.[281]
The government as reconstituted by Cleisthenes contrasted strongly with that previous to the time of Solon. But the transition was not only natural but inevitable if the people followed their ideas to their logical results. It was a change of plan, but not of principles nor even of instrumentalities. The council of chiefs remained in the senate, the agora in the ecclesia; the three highest archons were respectively ministers of state, of religion, and of justice as before, while the six inferior archons exercised judicial functions in connection with the courts, and the large body of dicasts now elected annually for judicial service. No executive officer existed under the system, which is one of its striking peculiarities. The nearest approach to it was the president of the senate, who was elected by lot for a single day, without the possibility of a re-election during the year. For a single day he presided over the popular assembly, and held the keys of the citadel and of the treasury. Under the new government the popular assembly held the substance of power, and guided the destiny of Athens. The new element which gave stability and order to the state was the deme or township, with its complete autonomy, and local self-government. A hundred demes similarly organized would determine the general movement of the commonwealth. As the unit, so the compound. It is here that the people, as before remarked, must begin if they would learn the art of self-government, and maintain equal laws, and equal rights and privileges. They must retain in their hands all the powers of society not necessary to the state to insure an efficient general administration, as well as the control of the administration itself.
Athens rose rapidly into influence and distinction under the new political system. That remarkable development of genius and intelligence, which raised the Athenians to the highest eminence among the historical nations of mankind, occurred under the inspiration of democratic institutions.
With the institution of political society under Cleisthenes, the gentile organization was laid aside as a portion of the rags of barbarism. Their ancestors had lived for untold centuries in gentilism, with which they had achieved all the elements of civilization, including a written language, as well as entered upon a civilized career. The history of the gentile organization will remain as a perpetual monument of the anterior ages, identified as it has been with the most remarkable and extended experience of mankind. It must ever be ranked as one of the most remarkable institutions of the human family.
In this brief and inadequate review the discussion has been confined to the main course of events in Athenian history. Whatever was true of the Athenian tribes will be found substantially true of the remaining Grecian tribes, though not exhibited on so broad or so grand a scale. The discussion tends to render still more apparent one of the main propositions advanced—that the idea of government in all the tribes of mankind has been a growth through successive stages of development.
CHAPTER XI. - THE ROMAN GENS.
Italian Tribes Organized in Gentes.—Founding of Rome.—Tribes Organized into a Military Democracy.—The Roman Gens.—Definition of a Gentilis by Cicero.—By Festus.—By Varro.—Descent in Male Line.—Marrying out of the Gens.—Rights and Obligations of the Members of a Gens.—Democratic Constitution of Ancient Latin Society.—Number of Persons in a Gens.